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       Florida Senate - 2010                      CS for CS for SB 2354
       
       
       
       By the Committees on Community Affairs; and Environmental
       Preservation and Conservation; and Senator Sobel
       
       
       
       578-04905-10                                          20102354c2
    1                        A bill to be entitled                      
    2         An act relating to sewage disposal facilities;
    3         amending s. 403.086, F.S.; requiring entities that
    4         divert wastewater from facilities discharging domestic
    5         wastewater through ocean outfalls to meet specified
    6         reuse requirements; providing that such reuse
    7         contributes to the reuse requirement of the facilities
    8         originally accepting the flows; providing an effective
    9         date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (c) of subsection (9) of section
   14  403.086, Florida Statutes, is amended, and paragraph (i) is
   15  added to that subsection, to read:
   16         403.086 Sewage disposal facilities; advanced and secondary
   17  waste treatment.—
   18         (9) The Legislature finds that the discharge of domestic
   19  wastewater through ocean outfalls wastes valuable water supplies
   20  that should be reclaimed for beneficial purposes to meet public
   21  and natural systems demands. The Legislature also finds that
   22  discharge of domestic wastewater through ocean outfalls
   23  compromises the coastal environment, quality of life, and local
   24  economies that depend on those resources. The Legislature
   25  declares that more stringent treatment and management
   26  requirements for such domestic wastewater and the subsequent,
   27  timely elimination of ocean outfalls as a primary means of
   28  domestic wastewater discharge are in the public interest.
   29         (c) Each domestic wastewater facility that discharges
   30  through an ocean outfall on July 1, 2008, shall install a
   31  functioning reuse system no later than December 31, 2025. For
   32  purposes of this subsection, a “functioning reuse system” means
   33  an environmentally, economically, and technically feasible
   34  system that provides a minimum of 60 percent of the facility’s
   35  actual flow on an annual basis for irrigation of public access
   36  areas, residential properties, or agricultural crops; aquifer
   37  recharge; groundwater recharge; industrial cooling; or other
   38  acceptable reuse purposes authorized by the department. For
   39  purposes of this subsection, the term “facility’s actual flow on
   40  an annual basis” means the annual average flow of domestic
   41  wastewater discharging through the facility’s ocean outfall, as
   42  determined by the department, using monitoring data available
   43  for calendar years 2003 through 2007. Diversion of Flows
   44  diverted from these facilities to other facilities that provide
   45  100 percent reuse of the diverted flows prior to December 31,
   46  2025, shall be considered to contribute to meeting the 60
   47  percent 60-percent reuse requirement. For utilities operating
   48  more than one outfall, the reuse requirement can be met if the
   49  combined actual reuse flows from facilities served by the
   50  outfalls is at least 60 percent of the sum of the total actual
   51  flows from the these facilities, including flows diverted to
   52  other facilities for 100 percent reuse prior to December 31,
   53  2025. In the event treatment in addition to the advanced
   54  wastewater treatment and management requirements described in
   55  paragraph (b) is needed in order to support a functioning reuse
   56  system, such treatment shall be fully operational no later than
   57  December 31, 2025.
   58         (i) An entity that diverts wastewater flow from a receiving
   59  facility that discharges domestic wastewater through an ocean
   60  outfall must meet the 60 percent reuse requirement of paragraph
   61  (c). Reuse by the diverting entity of the diverted flows shall
   62  be credited to the diverting entity. The diverted flow shall
   63  also be correspondingly deducted from the receiving facility’s
   64  actual flow on an annual basis from which the required reuse is
   65  calculated pursuant to paragraph (c) and the receiving
   66  facility’s reuse requirement shall be recalculated accordingly.
   67         Section 2. This act shall take effect July 1, 2010.

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