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       Florida Senate - 2010                             CS for SB 2354
       By the Committee on Environmental Preservation and Conservation;
       and Senator Sobel
       592-03550-10                                          20102354c1
    1                        A bill to be entitled                      
    2         An act relating to sewage disposal facilities;
    3         amending s. 403.086, F.S.; requiring facilities
    4         discharging domestic wastewater through ocean outfalls
    5         that divert flows for reuse purposes to meet specified
    6         reuse requirements; providing that such reuse
    7         contributes to the reuse requirement of the facilities
    8         originally accepting the flows; requiring entities
    9         that divert wastewater to also meet the reuse
   10         requirement; providing an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Paragraph (c) of subsection (9) of section
   15  403.086, Florida Statutes, is amended, and paragraph (i) is
   16  added to that subsection, to read:
   17         403.086 Sewage disposal facilities; advanced and secondary
   18  waste treatment.—
   19         (9) The Legislature finds that the discharge of domestic
   20  wastewater through ocean outfalls wastes valuable water supplies
   21  that should be reclaimed for beneficial purposes to meet public
   22  and natural systems demands. The Legislature also finds that
   23  discharge of domestic wastewater through ocean outfalls
   24  compromises the coastal environment, quality of life, and local
   25  economies that depend on those resources. The Legislature
   26  declares that more stringent treatment and management
   27  requirements for such domestic wastewater and the subsequent,
   28  timely elimination of ocean outfalls as a primary means of
   29  domestic wastewater discharge are in the public interest.
   30         (c) Each domestic wastewater facility that discharges
   31  through an ocean outfall on July 1, 2008, shall install a
   32  functioning reuse system no later than December 31, 2025. For
   33  purposes of this subsection, a “functioning reuse system” means
   34  an environmentally, economically, and technically feasible
   35  system that provides a minimum of 60 percent of the facility’s
   36  actual flow on an annual basis for irrigation of public access
   37  areas, residential properties, or agricultural crops; aquifer
   38  recharge; groundwater recharge; industrial cooling; or other
   39  acceptable reuse purposes authorized by the department. For
   40  purposes of this subsection, the term “facility’s actual flow on
   41  an annual basis” means the annual average flow of domestic
   42  wastewater discharging through the facility’s ocean outfall, as
   43  determined by the department, using monitoring data available
   44  for calendar years 2003 through 2007. Facilities that divert
   45  flows shall meet the 60 percent reuse requirement of this
   46  paragraph. Such reuse shall be considered to contribute to
   47  meeting the reuse requirement of the facility that originally
   48  accepted the flows. Diversion of Flows diverted from these
   49  facilities to other facilities that provide 100 percent reuse of
   50  the diverted flows prior to December 31, 2025, shall be
   51  considered to contribute to meeting the 60 percent 60-percent
   52  reuse requirement. For utilities operating more than one
   53  outfall, the reuse requirement can be met if the combined actual
   54  reuse flows from facilities served by the outfalls is at least
   55  60 percent of the sum of the total actual flows from the these
   56  facilities, including flows diverted to other facilities for 100
   57  percent reuse prior to December 31, 2025. In the event treatment
   58  in addition to the advanced wastewater treatment and management
   59  requirements described in paragraph (b) is needed in order to
   60  support a functioning reuse system, such treatment shall be
   61  fully operational no later than December 31, 2025.
   62         (i) An entity that diverts wastewater flow from a receiving
   63  facility that discharges domestic wastewater through an ocean
   64  outfall must meet the 60 percent reuse requirement of paragraph
   65  (c). Reuse by the diverting entity of the diverted flows shall
   66  be credited to the diverting entity. The diverted flow shall
   67  also be correspondingly deducted from the receiving facility’s
   68  actual flow on an annual basis from which the required reuse is
   69  calculated pursuant to paragraph (c) and the receiving
   70  facility’s reuse requirement shall be recalculated accordingly.
   71         Section 2. This act shall take effect July 1, 2010.

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