Title: Fla House of Representatives - 1983 HB 55 - "Potable Water Conservation and Land Recharge Act"
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 Material Information
Title: Fla House of Representatives - 1983 HB 55 - "Potable Water Conservation and Land Recharge Act"
Physical Description: Book
Language: English
Publisher: Fla House of Representatives 1983
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Fla House of Representatives - 1983 HB 55 - "Potable Water Conservation and Land Recharge Act" (JDV Box 54)
General Note: Box 17, Folder 2 ( Task Force on Water Issues, Bills Passed, Articles - 1980s ), Item 2
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004059
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text






Florida House of Representatives 1983 HB 55


By Representative Lippman




1 A bill to be entitled

--2 An act relating to potable water conservation;

3 creating the "Potable Water Conservation and

4 Land Recharge Act," to provide for grants from

5 the Department of Environmental Regulation to
u
6 specified counties for development and initial

7 implementation of programs for sanitary waste

8 disposal; providing purpose; providing

9 definitions; providing that such grants shall

10 be conditioned upon submission of program plans

.11 to the department for approval; providing

12 requirements with respect thereto; providing

13 program priorities; authorizing such specified
Co
14 counties to enter into certain contracts and

15 agreements; providing procedure and a time

1 6 limit with respect to approval of plans;

17 I providing for initial program implementation

S18 within a certain time period; requiring the
3 o
SE 19 department to develop a state plan and to

S 20 submit same, together with a report, to certain
o
-o government officials; providing an

22 appropriation; providing for reversion of funds

S 23 not disbursed; providing an effective date.

24

251 WHEREAS, the Legislature requires by law secondary

26 treatment, as a minimum, for all domestic wastewater prior to

27 final disposition, and

28. WHEREAS, sewage effluent disposition for the wastewater

291 facilities in the state overwhelmingly utilizes surface water

30 discharge, and

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WHEREAS, surface water discharge contributes a

significant pollutant load to the waters of the state and

prevents water renovation and conservation efforts, and

WHEREAS, the land disposal of secondarily treated

sewage effluents promotes the beneficial renovation, recharge,

and conservation of water and, in addition, may be a more

economical method, and

WHEREAS, the efficacy of land disposal of sewage

effluents depends upon geologic and hydrologic variables which

remain essentially undefined and untested, NOW, THEREFORE,



Be It Enacted by the Legislature of the State of Florida:



Section 1. Short title.--This act shall be known and

may be cited as the "Potable Water Conservation and Land

Recharge Act."

Section 2. Purpose.--The Legislature has required by

law that, before disposal, all sanitary waste discharges

receive secondary treatment and, where necessary, advanced

waste treatment. Land disposal of properly treated sewage

effluents and sludge waste may be more economical and

beneficial than disposal to surface waters or deep well

injection and may conserve fresh water by returning it to an

aquifer. However, there is uncertainty about the wisdom or

practicability of land disposal in some areas of Florida under

the various geologic and hydrologic conditions which exist.

The purpose of this act is to provide for the necessary

program planning by specified counties or combinations of

counties, and to enable the state to establish and implement a

state plan, to:



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(1) Meet present and future needs of the citizens of

Florida with respect to the conservation of potable drinking

water, the enrichment of our soils, and the reduction of

pollution of our streams.

(2) Reduce the cost of related services to the

citizens, through resource recovery of trash and garbage, to

the maximum extent feasible consistent with good management

practices.

(3) Determine the maximum use of land irrigation of

treated effluents which can reasonably be made in Florida by

geographic areas of each county.

(4) Motivate each specified county to develop a

program for disposal of various wastes and present the program

to the Department of Environmental Regulation for approval.

Section 3. Definitions.--As used in this act, unless

the context otherwise requires:

(1) "Department" means the Department of Environmental

Regulation.

(2) "Commission" means the Florida Environmental

Regulation Commission.

Section 4. County programs for sanitary waste

disposal; development of program plans.--

(1) The following counties are eligible under certain

conditions to receive state funding to develop programs for

sanitary waste disposal: Alachua County, Brevard County,

Broward County, Collier County, Dade County, Duval County,

Escambia County, Hillsborough County, Lee County, Leon County,

Manatee County, Okaloosa County, Orange County, Palm Beach

County, Pinellas County, Sarasota County, Seminole County, and

Volusia County.



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(2) To encourage the development of a working plan in

each specified county, or the development of a joint plan

between two or more specified counties, the Department of

Environmental Regulation may grant to each named county

$200,000 toward the development and initial implementation of

a program for the disposal of sanitary waste, including sewage

effluents, sludge or solid waste, and trash and garbage. In

order to be eligible to receive such funds, each county, or

group of counties working together jointly, shall submit a

program plan to the department for its approval. Each such

plan shall:

(a) Evaluate the potential health hazards from the

land disposal of secondarily treated sewage effluents.

(b) Evaluate the survival of pathogenic bacteria and

viruses and their transmission in ground water and air

associated with land disposal sites.

(c) Evaluate the accumulation and dispersion in ground

water of nitrates, nitrites, heavy metals, and organic

substances in concentrations which exceed federal drinking

water standards, or which might otherwise cause rejection of

such waters for domestic, industrial, or agricultural uses.

(d) Provide for the conduct of programs at a

reasonable number of sites in the county or counties, as

appropriate, which sites the county or counties determine to

be fairly representative of the different soil types and

geological and hydrological conditions in the area, according

to department guidelines.

(e) Include recommendations to the department as to

conditions, guidelines, and criteria for land irrigation with

treated sewage effluents, proper disposition of treated sewage

sludge, and trash and garbage disposal in Florida in a manner
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best designed to improve public health and safety, and

consistent with best current practices for the welfare of the

public.

(3) Because the Legislature recognizes that adequate

plans and action cannot be commenced on all elements of

recommended programs at once, and in order that programs may

be gradually implemented as time and funding make such

implementation possible, it is therefore recommended that, in

order to reach a final and satisfactory solution, priorities

in program plans generally be developed in the following

order:

(a) Land irrigation of sewage effluents.

(b) Land and plant life enrichment from sludge.

(c) Resource recovery from trash and garbage.

(4) Any such county or group of counties may enter

into contracts and agreements with the department or with any

other agency, public or private, for any or all of the

services, materials, and equipment required to accomplish its

plan and is authorized to enter into agreements with other

specified counties, or their designated authorities, if same

are authorized to contract, and shall have the authority to

enforce such contracts and agreements and to recover damages

thereon.

(5) Each county or group of counties shall have 1 year

from the effective date of this act within which to develop,

submit, and obtain departmental approval of its program plan,

except that such period may be extended for up to 1 year by

the department for good cause shown.

Section 5. Approval of program plans; initial

implementation; authority to contract.--


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(1) The department may approve or disapprove, in whole

or in part, any plan so submitted, and, upon disapproval of a

plan or portion thereof, the submitting county or group of

counties may resubmit a revised version for the department's

consideration, within the time limitation established in

section 4. Upon approval of a program plan, the department

shall grant to the county or group of counties submitting the

plan funding as provided in this act for development and

initial implementation of the program. No funds may be

disbursed to any county or group of counties until the plan

has been approved in its entirety.

(2) Any county or group of counties receiving such

funding shall commence implementation of its program for

disposal of sanitary waste within 2 years of the effective

date of this act, unless such period is extended by the

department for good cause shown.

Section 6. Report to the commission and Legislature;

development of state plan.--

(1) When the specified counties, or a majority

thereof, have submitted and obtained approval of their plans,

it is the intent of the Legislature that the general detailed

plans will be sufficient to provide the department with

sufficient data for the development of a future plan for

action to guide the state to conserve water, enrich our soils,

recover all resources in the most expeditious and beneficial

manner for the public, and reduce pollution to the maximum

extent possible, and the department is hereby directed to

develop such a state plan.

(2) within 2 years of the effective date of this act,

the department shall submit to the Governor, the Speaker of


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the House of Representatives, the President of the Senate, and

the Florida Environmental Regulation Commission:

(a) A report as to the program plans submitted by

counties or groups of counties specified herein, whether

approved or disapproved, as to any funds granted pursuant to

approval of such plans, and as to progress of each county or

group of counties receiving such funds toward implementation

of its sanitary waste disposal program.

(b) The state plan developed pursuant to the

provisions of subsection (l),.with recommendations as to

necessary funding and feasible timetable to accomplish the

plan.

Section 7. (1) There is hereby appropriated from the

General Revenue Fund to the Department of Environmental

Regulation for fiscal year 1983-1984 the sum of $250,000 for

the purpose of contracting with the University of Florida to

initiate study of assistance which it may provide as needed to

each of the counties specified herein.

(2) There is hereby appropriated from the General

Revenue Fund to the Department of Environmental Regulation for

fiscal year 1984-1985 the sum of $3,600,000 for the purpose of

making grants to specified counties as provided herein, as

necessary to provide funds to initiate implementation of

programs for sanitary waste disposal as provided by this act.

Any moneys so appropriated which have not been disbursed

pursuant to the provisions of this act by July 1, 1985, shall

revert to the General Revenue Fund.

Section 8. This act shall take effect July 1, 1983.


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1 *1:********* ***************** l:hbs

2 HOUSE SUMMARY 1:

3 Appropriates $3,600,000 to the Department of 2.^
Environmental Regulation during fiscal year 1984-1985 for 2.
4 disbursement by the department to Alachua, Brevard, 2.3;
Broward, Collier, Dade, Duval, Escambia, Hillsborough, 2.38
5 Lee, Leon, Manatee, Okaloosa, Orange, Palm Beach, 2.40
Pinellas, Sarasota, Seminole, and Volusia Counties, in 2.41
6 grants of $200,000 per county, for the development and 2.42
I initial implementation of programs for the disposal of 2.43
7 sanitary waste, including sewage effluents, sludge, and
trash and garbage. Provides for reversion to the General 2.45
8 Revenue Fund of any undisbursed funds after 2 years. As 2.46
a condition to receiving such grants, requires counties
9 to submit to the department, singly or jointly, program 2.47
plans for its approval. Specifies contents and provides 2.49
10 priorities. Sets time limits for approval of plans and
for initial implementation of programs. 2.50
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Appropriates $250,000 to the department during fiscal 2.52
12 year 1983-1984 for the purpose of contracting with the 2.53
University of Florida to study the provision of 2.54
13 assistance to the counties.

14 Requires the department to develop a state plan, based 2.54
upon data obtained in county plans. Requires submission 2.56
15 of the plan, as well as a report with respect to county 2.57
plans and programs, to the Governor, the Speaker of the
16 House, the Senate President, and the Florida 2.
Environmental Regulation Commission.
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