September 20, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
       Florida Senate - 2010                             CS for SB 2018
       
       
       
       By the Committee on Community Affairs; and Senators Baker and
       Bullard
       
       
       
       578-04903-10                                          20102018c1
    1                        A bill to be entitled                      
    2         An act relating to the Florida Keys Area; amending s.
    3         215.619, F.S.; authorizing the issuance of bonds to be
    4         used to finance the cost of constructing sewage
    5         facilities in the Florida Keys Area; amending s.
    6         380.0552, F.S.; revising legislative intent relating
    7         to the designation of the Florida Keys as an area of
    8         critical state concern; revising the procedures for
    9         removing the designation; providing for administrative
   10         review of such removal rather than judicial review;
   11         authorizing the Administration Commission to adopt
   12         rules or revise existing rules; revising the
   13         principles guiding development; revising compliance
   14         requirements for reviewing comprehensive plan
   15         amendments; amending s. 381.0065, F.S.; providing
   16         additional requirements for onsite sewage treatment
   17         and disposal systems in Monroe County; amending s.
   18         403.086, F.S.; providing legislative findings and
   19         discharge requirements for wastewater facilities in
   20         Monroe County; repealing sections 4, 5, and 6 of ch.
   21         99-395, Laws of Florida, as amended, relating to
   22         sewage treatment in the Florida Keys; providing an
   23         effective date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Subsection (1) of section 215.619, Florida
   28  Statutes, is amended to read:
   29         215.619 Bonds for Everglades restoration.—
   30         (1) The issuance of Everglades restoration bonds to finance
   31  or refinance the cost of the acquisition and improvement of
   32  land, water areas, and related property interests and resources
   33  for the purpose of implementing the Comprehensive Everglades
   34  Restoration Plan under s. 373.470, the Lake Okeechobee Watershed
   35  Protection Plan under s. 373.4595, the Caloosahatchee River
   36  Watershed Protection Plan under s. 373.4595, the St. Lucie River
   37  Watershed Protection Plan under s. 373.4595, and the Florida
   38  Keys Area of Critical State Concern protection program under ss.
   39  380.05 and 380.0552 in order to restore and conserve natural
   40  systems through the implementation of water management projects,
   41  including wastewater management projects identified in the Keys
   42  Wastewater Plan, dated November 2007, and submitted to the
   43  Florida House of Representatives on December 4, 2007, is
   44  authorized in accordance with s. 11(e), Art. VII of the State
   45  Constitution.
   46         (a) Everglades restoration bonds, except refunding bonds,
   47  may be issued only in fiscal years 2002-2003 through 2019-2020
   48  and may not be issued in an amount exceeding $100 million per
   49  fiscal year unless:
   50         1.(a) The Department of Environmental Protection has
   51  requested additional amounts in order to achieve cost savings or
   52  accelerate the purchase of land; or
   53         2.(b) The Legislature authorizes an additional amount of
   54  bonds not to exceed $200 million, and limited to $50 million per
   55  fiscal year, for no more than 4 fiscal years, specifically for
   56  the purpose of funding the Florida Keys Area of Critical State
   57  Concern protection program. Proceeds from the bonds shall be
   58  managed by the Department of Environmental Protection for the
   59  purpose of entering into financial assistance agreements with
   60  local governments located in the Florida Keys Area of Critical
   61  State Concern to finance or refinance the cost of constructing
   62  sewage collection, treatment, and disposal facilities.
   63         (b) The duration of Everglades restoration bonds may not
   64  exceed 20 annual maturities, and those bonds must mature by
   65  December 31, 2040. Except for refunding bonds, a series of bonds
   66  may not be issued unless an amount equal to the debt service
   67  coming due in the year of issuance has been appropriated by the
   68  Legislature. Beginning July 1, 2010, the Legislature shall
   69  analyze the ratio of the state’s debt to projected revenues
   70  before authorizing the issuance of prior to the authorization to
   71  issue any bonds under this section.
   72         Section 2. Subsections (2), (4), (7), and (9) of section
   73  380.0552, Florida Statutes, are amended to read:
   74         380.0552 Florida Keys Area; protection and designation as
   75  area of critical state concern.—
   76         (2) LEGISLATIVE INTENT.—It is hereby declared that the
   77  intent of the Legislature to is:
   78         (a) To Establish a land use management system that protects
   79  the natural environment of the Florida Keys.
   80         (b) To Establish a land use management system that
   81  conserves and promotes the community character of the Florida
   82  Keys.
   83         (c) To Establish a land use management system that promotes
   84  orderly and balanced growth in accordance with the capacity of
   85  available and planned public facilities and services.
   86         (d) To Provide for affordable housing in close proximity to
   87  places of employment in the Florida Keys.
   88         (e) To Establish a land use management system that promotes
   89  and supports a diverse and sound economic base.
   90         (f) To Protect the constitutional rights of property owners
   91  to own, use, and dispose of their real property.
   92         (g) To Promote coordination and efficiency among
   93  governmental agencies that have with permitting jurisdiction
   94  over land use activities in the Florida Keys.
   95         (h) Promote an appropriate land acquisition and protection
   96  strategy for environmentally sensitive lands within the Florida
   97  Keys.
   98         (i) Protect and improve the nearshore water quality of the
   99  Florida Keys through the construction and operation of
  100  wastewater management facilities that meet the requirements of
  101  ss. 381.0065(4)(l) and 403.086(10), as applicable.
  102         (j) Ensure that the population of the Florida Keys can be
  103  safely evacuated.
  104         (4) REMOVAL OF DESIGNATION.—
  105         (a) Between July 12, 2008, and August 30, 2008, the state
  106  land planning agency shall submit a written report to the
  107  Administration Commission describing in detail the progress of
  108  the Florida Keys Area toward accomplishing the tasks of the work
  109  program as defined in paragraph (c) and providing a
  110  recommendation as to whether substantial progress toward
  111  accomplishing the tasks of the work program has been achieved.
  112  Subsequent to receipt of the report, the Administration
  113  Commission shall determine, prior to October 1, 2008, whether
  114  substantial progress has been achieved toward accomplishing the
  115  tasks of the work program. The designation of the Florida Keys
  116  Area as an area of critical state concern under this section may
  117  be recommended for removal upon fulfilling the legislative
  118  intent under subsection (2) and completion of all the work
  119  program tasks specified in rules of the Administration
  120  Commission shall be removed October 1, 2009, unless the
  121  Administration Commission finds, after receipt of the state land
  122  planning agency report, that substantial progress has not been
  123  achieved toward accomplishing the tasks of the work program. If
  124  the designation of the Florida Keys Area as an area of critical
  125  state concern is removed, the Administration Commission, within
  126  60 days after removal of the designation, shall initiate
  127  rulemaking pursuant to chapter 120 to repeal any rules relating
  128  to the designation of the Florida Keys Area as an area of
  129  critical state concern. If, after receipt of the state land
  130  planning agency’s report, the Administration Commission finds
  131  that substantial progress toward accomplishing the tasks of the
  132  work program has not been achieved, the Administration
  133  Commission shall provide a written report to the Monroe County
  134  Commission within 30 days after making such finding detailing
  135  the tasks under the work program that must be accomplished in
  136  order for substantial progress to be achieved within the next 12
  137  months.
  138         (b) Beginning November 30, 2010, the state land planning
  139  agency shall annually submit a written report to the
  140  Administration Commission describing the progress of the Florida
  141  Keys Area toward completing the work program tasks specified in
  142  commission rules. The land planning agency shall recommend
  143  removing the Florida Keys Area from being designated as an area
  144  of critical state concern to the commission if it determines
  145  that:
  146         1. All of the work program tasks have been completed,
  147  including construction of, operation of, and connection to
  148  central wastewater management facilities pursuant to s.
  149  403.086(10) and upgrade of onsite sewage treatment and disposal
  150  systems pursuant to s. 381.0065(4)(l);
  151         2. All local comprehensive plans and land development
  152  regulations and the administration of such plans and regulations
  153  are adequate to protect the Florida Keys Area, fulfill the
  154  legislative intent specified in subsection (2), and are
  155  consistent with and further the principles guiding development;
  156  and
  157         3. A local government has adopted a resolution at a public
  158  hearing recommending the removal of the designation.
  159         (b)If the designation of the Florida Keys Area as an area
  160  of critical state concern is not removed in accordance with
  161  paragraph (a), the state land planning agency shall submit a
  162  written annual report to the Administration Commission on
  163  November 1 of each year, until such time as the designation is
  164  removed, describing the progress of the Florida Keys Area toward
  165  accomplishing remaining tasks under the work program and
  166  providing a recommendation as to whether substantial progress
  167  toward accomplishing the tasks of the work program has been
  168  achieved. The Administration Commission shall determine, within
  169  45 days after receipt of the annual report, whether substantial
  170  progress has been achieved toward accomplishing the remaining
  171  tasks of the work program. The designation of the Florida Keys
  172  Area as an area of critical state concern under this section
  173  shall be removed unless the Administration Commission finds that
  174  substantial progress has not been achieved toward accomplishing
  175  the tasks of the work program. If the designation of the Florida
  176  Keys Area as an area of critical state concern is removed, the
  177  Administration Commission, within 60 days after removal of the
  178  designation, shall initiate rulemaking pursuant to chapter 120
  179  to repeal any rules relating to the designation of the Florida
  180  Keys Area as an area of critical state concern. If the
  181  Administration Commission finds that substantial progress has
  182  not been achieved, the Administration Commission shall provide
  183  to the Monroe County Commission, within 30 days after making its
  184  finding, a report detailing the tasks under the work program
  185  that must be accomplished in order for substantial progress to
  186  be achieved within the next 12 months.
  187         (c) After receipt of the state land planning agency report
  188  and recommendation, the Administration Commission shall
  189  determine whether the requirements have been fulfilled and may
  190  remove the designation of the Florida Keys as an area of
  191  critical state concern. If the commission removes the
  192  designation, it shall initiate rulemaking to repeal any rules
  193  relating such designation within 60 days. If, after receipt of
  194  the state land planning agency’s report and recommendation, the
  195  commission finds that the requirements for recommending removal
  196  of designation have not been met, the commission shall provide a
  197  written report to the local governments within 30 days after
  198  making such a finding detailing the tasks that must be completed
  199  by the local government.
  200         (c)For purposes of this subsection, the term “work
  201  program” means the 10-year work program as set forth in rule 28
  202  20.110, Florida Administrative Code, on January 1, 2006,
  203  excluding amendments to the work program that take effect after
  204  January 1, 2006.
  205         (d) The determination of the Administration Commission’s
  206  determination concerning the removal of the designation of the
  207  Florida Keys as an area of critical state concern Commission as
  208  to whether substantial progress has been made toward
  209  accomplishing the tasks of the work program may be judicially
  210  reviewed pursuant to chapter 120 86. All proceedings shall be
  211  conducted by the Division of Administrative Hearings and must be
  212  initiated within 30 days after the commission issues its
  213  determination in the circuit court of the judicial circuit where
  214  the Administration Commission maintains its headquarters and
  215  shall be initiated within 30 days after rendition of the
  216  Administration Commission’s determination. The Administration
  217  Commission’s determination as to whether substantial progress
  218  has been made toward accomplishing the tasks of the work program
  219  shall be upheld if it is supported by competent and substantial
  220  evidence and shall not be subject to administrative review under
  221  chapter 120.
  222         (e) After removal of the designation of the Florida Keys as
  223  an area of critical state concern, the state land planning
  224  agency shall review proposed local comprehensive plans, and any
  225  amendments to existing comprehensive plans, which are applicable
  226  to the Florida Keys Area, the boundaries of which were described
  227  in chapter 28-29, Florida Administrative Code, as of January 1,
  228  2006, for compliance with subparagraphs 1. and 2., in addition
  229  to reviewing proposed local comprehensive plans and amendments
  230  for compliance as defined in s. 163.3184. All procedures and
  231  penalties described in s. 163.3184 apply to the review conducted
  232  pursuant to this paragraph.
  233         1.Adoption of construction schedules for wastewater
  234  facilities improvements in the annually adopted capital
  235  improvements element and adoption of standards for the
  236  construction of wastewater treatment facilities which meet or
  237  exceed the criteria of chapter 99-395, Laws of Florida.
  238         2.Adoption of goals, objectives, and policies to protect
  239  public safety and welfare in the event of a natural disaster by
  240  maintaining a hurricane evacuation clearance time for permanent
  241  residents of no more than 24 hours. The hurricane evacuation
  242  clearance time shall be determined by a hurricane evacuation
  243  study conducted in accordance with a professionally accepted
  244  methodology and approved by the state land planning agency.
  245         (f) The Administration Commission may adopt rules or revise
  246  existing rules as necessary to administer this subsection.
  247         (7) PRINCIPLES FOR GUIDING DEVELOPMENT.—State, regional,
  248  and local agencies and units of government in the Florida Keys
  249  Area shall coordinate their plans and conduct their programs and
  250  regulatory activities consistent with the principles for guiding
  251  development as specified set forth in chapter 27F-8, Florida
  252  Administrative Code, as amended effective August 23, 1984, which
  253  chapter is hereby adopted and incorporated herein by reference.
  254  For the purposes of reviewing the consistency of the adopted
  255  plan, or any amendments to that plan, with the principles for
  256  guiding development, and any amendments to the principles, the
  257  principles shall be construed as a whole and no specific
  258  provisions may not provision shall be construed or applied in
  259  isolation from the other provisions. However, the principles for
  260  guiding development as set forth in chapter 27F-8, Florida
  261  Administrative Code, as amended effective August 23, 1984, are
  262  repealed 18 months from July 1, 1986. After repeal, the
  263  following shall be the principles with which any plan amendments
  264  must be consistent with the following principles:
  265         (a) Strengthening To strengthen local government
  266  capabilities for managing land use and development so that local
  267  government is able to achieve these objectives without
  268  continuing the continuation of the area of critical state
  269  concern designation.
  270         (b) Protecting To protect shoreline and marine resources,
  271  including mangroves, coral reef formations, seagrass beds,
  272  wetlands, fish and wildlife, and their habitat.
  273         (c) Protecting To protect upland resources, tropical
  274  biological communities, freshwater wetlands, native tropical
  275  vegetation (for example, hardwood hammocks and pinelands), dune
  276  ridges and beaches, wildlife, and their habitat.
  277         (d) Ensuring To ensure the maximum well-being of the
  278  Florida Keys and its citizens through sound economic
  279  development.
  280         (e) Limiting To limit the adverse impacts of development on
  281  the quality of water throughout the Florida Keys.
  282         (f) Enhancing To enhance natural scenic resources,
  283  promoting promote the aesthetic benefits of the natural
  284  environment, and ensuring ensure that development is compatible
  285  with the unique historic character of the Florida Keys.
  286         (g) Protecting To protect the historical heritage of the
  287  Florida Keys.
  288         (h) Protecting To protect the value, efficiency, cost
  289  effectiveness, and amortized life of existing and proposed major
  290  public investments, including:
  291         1. The Florida Keys Aqueduct and water supply facilities;
  292         2. Sewage collection, treatment, and disposal facilities;
  293         3. Solid waste treatment, collection, and disposal
  294  facilities;
  295         4. Key West Naval Air Station and other military
  296  facilities;
  297         5. Transportation facilities;
  298         6. Federal parks, wildlife refuges, and marine sanctuaries;
  299         7. State parks, recreation facilities, aquatic preserves,
  300  and other publicly owned properties;
  301         8. City electric service and the Florida Keys Electric Co
  302  op; and
  303         9. Other utilities, as appropriate.
  304         (i) Protecting and improving water quality by providing for
  305  the construction, operation, maintenance, and replacement of
  306  stormwater management facilities; central sewage collection;
  307  treatment and disposal facilities; and the installation and
  308  proper operation and maintenance of onsite sewage treatment and
  309  disposal systems.
  310         (j) Ensuring the improvement of nearshore water quality by
  311  requiring the construction and operation of wastewater
  312  management facilities that meet the requirements of s.
  313  381.0065(4)(l) and s. 403.086(10), as applicable, and by
  314  directing growth to areas served by central wastewater treatment
  315  facilities through permit allocation systems.
  316         (k)(i)Limiting To limit the adverse impacts of public
  317  investments on the environmental resources of the Florida Keys.
  318         (l)(j)Making To make available adequate affordable housing
  319  for all sectors of the population of the Florida Keys.
  320         (m)(k)Providing To provide adequate alternatives for the
  321  protection of public safety and welfare in the event of a
  322  natural or manmade disaster and for a postdisaster
  323  reconstruction plan.
  324         (n)(l)Protecting To protect the public health, safety, and
  325  welfare of the citizens of the Florida Keys and maintain the
  326  Florida Keys as a unique Florida resource.
  327         (9) MODIFICATION TO PLANS AND REGULATIONS.—
  328         (a) Any land development regulation or element of a local
  329  comprehensive plan in the Florida Keys Area may be enacted,
  330  amended, or rescinded by a local government, but the enactment,
  331  amendment, or rescission becomes shall become effective only
  332  upon the approval thereof by the state land planning agency. The
  333  state land planning agency shall review the proposed change to
  334  determine if it is in compliance with the principles for guiding
  335  development specified set forth in chapter 27F-8, Florida
  336  Administrative Code, as amended effective August 23, 1984, and
  337  must shall either approve or reject the requested changes within
  338  60 days after of receipt thereof. Amendments to local
  339  comprehensive plans in the Florida Keys Area must also be
  340  reviewed for compliance with the following:
  341         1. Construction schedules and detailed capital financing
  342  plans for wastewater management improvements in the annually
  343  adopted capital improvements element, and standards for the
  344  construction of wastewater treatment and disposal facilities or
  345  collection systems that meet or exceed the criteria in s.
  346  403.086(10) for wastewater treatment and disposal facilities or
  347  s. 381.0065(4)(l) for onsite sewage treatment and disposal
  348  systems.
  349         2. Goals, objectives, and policies to protect public safety
  350  and welfare in the event of a natural disaster by maintaining a
  351  hurricane evacuation clearance time for permanent residents of
  352  no more than 24 hours. The hurricane evacuation clearance time
  353  shall be determined by a hurricane evacuation study conducted in
  354  accordance with a professionally accepted methodology and
  355  approved by the state land planning agency.
  356         (b)Further, The state land planning agency, after
  357  consulting with the appropriate local government, may, no more
  358  often than once per a year, recommend to the Administration
  359  Commission the enactment, amendment, or rescission of a land
  360  development regulation or element of a local comprehensive plan.
  361  Within 45 days following the receipt of such recommendation by
  362  the state land planning agency, the commission shall reject the
  363  recommendation, or accept it with or without modification and
  364  adopt it, by rule, including any changes. Any Such local
  365  development regulation or plan must shall be in compliance with
  366  the principles for guiding development.
  367         Section 3. Paragraph (l) of subsection (4) of section
  368  381.0065, Florida Statutes, is amended to read:
  369         381.0065 Onsite sewage treatment and disposal systems;
  370  regulation.—
  371         (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
  372  construct, repair, modify, abandon, or operate an onsite sewage
  373  treatment and disposal system without first obtaining a permit
  374  approved by the department. The department may issue permits to
  375  carry out this section, but shall not make the issuance of such
  376  permits contingent upon prior approval by the Department of
  377  Environmental Protection, except that the issuance of a permit
  378  for work seaward of the coastal construction control line
  379  established under s. 161.053 shall be contingent upon receipt of
  380  any required coastal construction control line permit from the
  381  Department of Environmental Protection. A construction permit is
  382  valid for 18 months from the issuance date and may be extended
  383  by the department for one 90-day period under rules adopted by
  384  the department. A repair permit is valid for 90 days following
  385  from the date of issuance. An operating permit must be obtained
  386  prior to the use of any aerobic treatment unit or if the
  387  establishment generates commercial waste. Buildings or
  388  establishments that use an aerobic treatment unit or generate
  389  commercial waste shall be inspected by the department at least
  390  annually to assure compliance with the terms of the operating
  391  permit. The operating permit for a commercial wastewater system
  392  is valid for 1 year from the date of issuance and must be
  393  renewed annually. The operating permit for an aerobic treatment
  394  unit is valid for 2 years from the date of issuance and must be
  395  renewed every 2 years. If all information pertaining to the
  396  siting, location, and installation conditions or repair of an
  397  onsite sewage treatment and disposal system remains the same, a
  398  construction or repair permit for the onsite sewage treatment
  399  and disposal system may be transferred to another person, if the
  400  transferee files, within 60 days after the transfer of
  401  ownership, an amended application providing all corrected
  402  information and proof of ownership of the property. There is no
  403  fee associated with the processing of this supplemental
  404  information. A person may not contract to construct, modify,
  405  alter, repair, service, abandon, or maintain any portion of an
  406  onsite sewage treatment and disposal system without being
  407  registered under part III of chapter 489. A property owner who
  408  personally performs construction, maintenance, or repairs to a
  409  system serving his or her own owner-occupied single-family
  410  residence is exempt from registration requirements for
  411  performing such construction, maintenance, or repairs on that
  412  residence, but is subject to all permitting requirements. A
  413  municipality or political subdivision of the state may not issue
  414  a building or plumbing permit for any building that requires the
  415  use of an onsite sewage treatment and disposal system unless the
  416  owner or builder has received a construction permit for such
  417  system from the department. A building or structure may not be
  418  occupied and a municipality, political subdivision, or any state
  419  or federal agency may not authorize occupancy until the
  420  department approves the final installation of the onsite sewage
  421  treatment and disposal system. A municipality or political
  422  subdivision of the state may not approve any change in occupancy
  423  or tenancy of a building that uses an onsite sewage treatment
  424  and disposal system until the department has reviewed the use of
  425  the system with the proposed change, approved the change, and
  426  amended the operating permit.
  427         (l) For the Florida Keys, the department shall adopt a
  428  special rule for the construction, installation, modification,
  429  operation, repair, maintenance, and performance of onsite sewage
  430  treatment and disposal systems which considers the unique soil
  431  conditions and which considers water table elevations,
  432  densities, and setback requirements. On lots where a setback
  433  distance of 75 feet from surface waters, saltmarsh, and
  434  buttonwood association habitat areas cannot be met, an injection
  435  well, approved and permitted by the department, may be used for
  436  disposal of effluent from onsite sewage treatment and disposal
  437  systems. The following additional requirements apply to onsite
  438  sewage treatment and disposal systems in Monroe County:
  439         1. The county, each municipality, and those special
  440  districts established for the purpose of the collection,
  441  transmission, treatment, or disposal of sewage shall ensure, in
  442  accordance with the specific schedules adopted by the
  443  Administration Commission under s. 380.0552, the completion of
  444  onsite sewage treatment and disposal system upgrades to meet the
  445  requirements of this paragraph.
  446         2. Onsite sewage treatment and disposal systems must cease
  447  discharge by December 31, 2015, or must comply with department
  448  rules and provide the level of treatment which, on a permitted
  449  annual average basis, produces an effluent that contains no more
  450  than the following concentrations:
  451         a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
  452         b. Suspended Solids of 10 mg/l.
  453         c. Total Nitrogen, expressed as N, of 10 mg/l.
  454         d. Total Phosphorus, expressed as P, of 1 mg/l.
  455  
  456  In addition, onsite sewage treatment and disposal systems
  457  discharging to an injection well must provide basic disinfection
  458  as defined by department rule.
  459         3. On or after July 1, 2010, all new, modified, and
  460  repaired onsite sewage treatment and disposal systems must
  461  provide the level of treatment described in subparagraph 2.
  462  However, in areas scheduled to be served by central sewer by
  463  December 31, 2015, if the property owner has paid a connection
  464  fee or assessment for connection to the central sewer system, an
  465  onsite sewage treatment and disposal system may be repaired to
  466  the following minimum standards:
  467         a. The existing tanks must be pumped and inspected and
  468  certified as being watertight and free of defects in accordance
  469  with department rule; and
  470         b. A sand-lined drainfield or injection well in accordance
  471  with department rule must be installed.
  472         4. Onsite sewage treatment and disposal systems must be
  473  monitored for total nitrogen and total phosphorus concentrations
  474  as required by department rule.
  475         5. The department shall enforce proper installation,
  476  operation, and maintenance of onsite sewage treatment and
  477  disposal systems pursuant to this chapter, including ensuring
  478  that the appropriate level of treatment described in
  479  subparagraph 2. is met.
  480         6. The county, each municipality, and those special
  481  districts established for the purpose of collection,
  482  transmission, treatment, or disposal of sewage may require
  483  connecting onsite sewage treatment and disposal systems to a
  484  central sewer system within 30 days after notice of availability
  485  of service.
  486         Section 4. Subsection (10) is added to section 403.086,
  487  Florida Statutes, to read:
  488         403.086 Sewage disposal facilities; advanced and secondary
  489  waste treatment.—
  490         (10) The Legislature finds that the discharge of
  491  inadequately treated and managed domestic wastewater from dozens
  492  of small wastewater facilities and thousands of septic tanks and
  493  other onsite systems in the Florida Keys compromises the quality
  494  of the coastal environment, including nearshore and offshore
  495  waters, and threatens the quality of life and local economies
  496  that depend on those resources. The Legislature also finds that
  497  the only practical and cost-effective way to fundamentally
  498  improve wastewater management in the Florida Keys is for the
  499  local governments in Monroe County, including those special
  500  districts established for the purpose of collection,
  501  transmission, treatment, or disposal of sewage, to timely
  502  complete the wastewater or sewage treatment and disposal
  503  facilities initiated under the work program of Administration
  504  Commission rule 28-20, Florida Administrative Code, and the
  505  Monroe County Sanitary Master Wastewater Plan, dated June 2000.
  506  The Legislature therefore declares that the construction and
  507  operation of comprehensive central wastewater systems in
  508  accordance with this subsection is in the public interest. To
  509  give effect to those findings, the requirements of this
  510  subsection apply to all domestic wastewater facilities in Monroe
  511  County, including privately owned facilities, unless otherwise
  512  provided under this subsection.
  513         (a) The discharge of domestic wastewater into surface
  514  waters is prohibited.
  515         (b) Monroe County, each municipality, and those special
  516  districts established for the purpose of collection,
  517  transmission, treatment, or disposal of sewage in Monroe County
  518  shall complete the wastewater collection, treatment, and
  519  disposal facilities within its jurisdiction designated as hot
  520  spots in the Monroe County Sanitary Master Wastewater Plan,
  521  dated June 2000, specifically listed in Exhibits 6-1 through 6-3
  522  of Chapter 6 of the plan and mapped in Exhibit F-1 of Appendix F
  523  of the plan. The required facilities and connections, and any
  524  additional facilities or other adjustments required by rules
  525  adopted by the Administration Commission under s. 380.0552, must
  526  be completed by December 31, 2015, pursuant to specific
  527  schedules established by the commission. Domestic wastewater
  528  facilities located outside local government and special district
  529  service areas must meet the treatment and disposal requirements
  530  of this subsection by December 31, 2015.
  531         (c) After December 31, 2015, all new or expanded domestic
  532  wastewater discharges must comply with the treatment and
  533  disposal requirements of this subsection and department rules.
  534         (d) Wastewater treatment facilities having design
  535  capacities:
  536         1. Greater than or equal to 100,000 gallons per day must
  537  provide basic disinfection as defined by department rule and the
  538  level of treatment which, on a permitted annual average basis,
  539  produces an effluent that contains no more than the following
  540  concentrations:
  541         a. Biochemical Oxygen Demand (CBOD5) of 5 mg/l.
  542         b. Suspended Solids of 5 mg/l.
  543         c. Total Nitrogen, expressed as N, of 3 mg/l.
  544         d. Total Phosphorus, expressed as P, of 1 mg/l.
  545         2. Less than 100,000 gallons per day must provide basic
  546  disinfection as defined by department rule and the level of
  547  treatment which, on a permitted annual average basis, produces
  548  an effluent that contains no more than the following
  549  concentrations:
  550         a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
  551         b. Suspended Solids of 10 mg/l.
  552         c. Total Nitrogen, expressed as N, of 10 mg/l.
  553         d. Total Phosphorus, expressed as P, of 1 mg/l.
  554         (e) Class V injection wells, as defined by department or
  555  Department of Health rule, must meet the following requirements
  556  and otherwise comply with department or Department of Health
  557  rules, as applicable:
  558         1. If the design capacity of the facility is less than 1
  559  million gallons per day, the injection well must be at least 90
  560  feet deep and cased to a minimum depth of 60 feet or to such
  561  greater cased depth and total well depth as may be required by
  562  department rule.
  563         2. Except as provided in subparagraph 3. for backup wells,
  564  if the design capacity of the facility is equal to or greater
  565  than 1 million gallons per day, each primary injection well must
  566  be cased to a minimum depth of 2,000 feet or to such greater
  567  depth as may be required by department rule.
  568         3. If an injection well is used as a backup to a primary
  569  injection well, the following conditions apply:
  570         a. The backup well may be used only when the primary
  571  injection well is out of service because of equipment failure,
  572  power failure, or the need for mechanical integrity testing or
  573  repair;
  574         b. The backup well may not be used for more than a total of
  575  500 hours during any 5-year period unless specifically
  576  authorized in writing by the department;
  577         c. The backup well must be at least 90 feet deep and cased
  578  to a minimum depth of 60 feet, or to such greater cased depth
  579  and total well depth as may be required by department rule; and
  580         d. Fluid injected into the backup well must meet the
  581  requirements of paragraph (d).
  582         (f) The requirements of paragraphs (d) and (e) do not apply
  583  to:
  584         1. Class I injection wells as defined by department rule,
  585  including any authorized mechanical integrity tests;
  586         2. Authorized mechanical integrity tests associated with
  587  Class V wells as defined by department rule; or
  588         3. The following types of reuse systems authorized by
  589  department rule:
  590         a. Slow-rate land application systems;
  591         b. Industrial uses of reclaimed water; and
  592         c. Use of reclaimed water for toilet flushing, fire
  593  protection, vehicle washing, construction dust control, and
  594  decorative water features.
  595  
  596  However, disposal systems serving as backups to reuse systems
  597  must comply with the other provisions of this subsection.
  598         (g) For wastewater treatment facilities in operation as of
  599  July 1, 2010, which are located within areas to be served by
  600  Monroe County, municipalities in Monroe County, or those special
  601  districts established for the purpose of collection,
  602  transmission, treatment, or disposal of sewage but which are
  603  owned by other entities, the requirements of paragraphs (d) and
  604  (e) do not apply until January 1, 2016. Wastewater operating
  605  permits issued pursuant to this chapter and in effect for these
  606  facilities as of June 30, 2010, are extended until December 31,
  607  2015, or until the facility is connected to a local government
  608  central wastewater system, whichever occurs first. Wastewater
  609  treatment facilities in operation after December 31, 2015, must
  610  comply with the treatment and disposal requirements of this
  611  subsection and department rules.
  612         (h) If it is demonstrated that a discharge, even if the
  613  discharge is otherwise in compliance with this subsection, will
  614  cause or contribute to a violation of state water quality
  615  standards, the department shall:
  616         1. Require more stringent effluent limitations;
  617         2. Order the point or method of discharge changed;
  618         3. Limit the duration or volume of the discharge; or
  619         4. Prohibit the discharge.
  620         (i) All sewage treatment facilities must monitor effluent
  621  for total nitrogen and total phosphorus concentration as
  622  required by department rule.
  623         (j) The department shall require the levels of operator
  624  certification and staffing necessary to ensure proper operation
  625  and maintenance of sewage facilities.
  626         (k) The department may adopt rules necessary to carry out
  627  this subsection.
  628         (l) The county, each municipality, and those special
  629  districts established for the purpose of collection,
  630  transmission, treatment, or disposal of sewage may require
  631  connecting wastewater treatment facilities owned by other
  632  entities to a central sewer system within 30 days after notice
  633  of availability of service.
  634         Section 5. Section 4 of chapter 99-395, Laws of Florida, as
  635  amended by section 6 of chapter 2006-223, Laws of Florida;
  636  section 5 of chapter 99-395, Laws of Florida; and section 6 of
  637  chapter 99-395, Laws of Florida, as amended by section 1 of
  638  chapter 2001-337 and section 1 of chapter 2004-455, Laws of
  639  Florida, are repealed.
  640         Section 6. This act shall take effect upon becoming a law.

Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2020 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader