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Florida Department of Environmental Protection Reuse Program: Management and Implementation
Reuse is an integral part of water resources management, wastewater management, and ecosystem management in Florida. It reduces demands on valuable surface water and groundwater used for drinking water sources, eliminates discharges that may pollute valuable surface waters, recharges groundwater, and postpones costly investment for development of new water sources and supplies.
State Objectives
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The Florida Legislature has established “the encouragement and promotion of reuse of reclaimed water and water conservation” as one of the formal state objectives in Section 403.064(1), Florida Statutes (F.S.), and Section 373.250, F.S. It’s interesting to note that the objectives are included in the statute dealing with environmental and wastewater control and the statute dealing with water resources and water supply.
Florida’s reuse program was implemented in response to the state’s reuse objectives.
Reuse Program
The Florida Department of Environmental Protection (FDEP) reuse program is charged with encouraging and promoting reuse in Florida, and also with protecting public health and environmental quality. The FDEP reuse coordinator, who has primary responsibility for implementation of the reuse program, is located in the domestic wastewater program in the division of water resource management.
Rules are established and maintained to ensure that reuse projects are designed and operated such that public health and environmental quality will be protected. Reuse rule requirements are established in Chapter 62610, Florida Administrative Code (F.A.C.).
The program provides oversight of FDEP permitting activities to ensure that rules are applied consistently statewide. The FDEP district offices review permits to make sure they are consistent with reuse requirements established by FDEP rules, as well as with the applicable consumptive use permits (CUPs) issued by the water management districts (WMDs). The permits issued must also be consistent with the antidegradation policy. The FDEP also reviews reuse feasibility studies for wastewater treatment facilities.
The key components of Florida’s reuse program are:
Reuse Feasibility
Reuse Feasibility Studies
Reuse feasibility studies are conducted in order to evaluate the capability of a domestic wastewater treatment plant to implement reuse. Rule 62-610.820, F.A.C., lists the rules and laws that require preparation of reuse feasibility studies as follows: (a) Section 403.064, F.S., for domestic wastewater facilities located within, serving a population within, or discharging within designated water resource caution areas (WRCAs). (b) The Indian River Lagoon system and Basin
Act, contained in Chapter 90-262, F.S. (c) The antidegradation policy in Rules 62-4.242 and 62-302.300, F.A.C., for new or expanded surface water discharges. (d) By rules of the applicable WMD.
The rule also provides the conditions for when reuse feasibility studies are not required. The FDEP, with assistance from the WMDs and the Public Service Commission (PSC), published the guidance document, “Guidelines for Preparation of Reuse Feasibility Studies for Applicants Having Responsibility for Wastewater Management.” These guidelines are used by applicants for domestic wastewater permits. They can also be used by applicants for CUPs when the applicant also has responsibility for wastewater management.
The CUP applicants that are also responsible for wastewater management are required to submit reuse feasibility studies to the appropriate WMD for review. Domestic wastewater treatment permits issued to holders of a CUP must be consistent with the reuse requirements contained in the CUP, which must be consistent with FDEP rules, and the permitted facility must be located in, serve a population in, or discharge within a WRCA.
The PSC has entered into memoranda of understanding (MOU) with the WMDs and FDEP. Under the MOU, PSC will assist the WMDs and FDEP in review of reuse feasibility studies submitted by utilities subject to PSC regulation.
Water Resource Caution Areas
The WRCAs are areas that have critical water supply problems or are projected to have such problems within the next 20 years. Reuse of reclaimed water from domestic wastewater
treatment facilities is required within these WRCAs, unless such reuse is not economically, environmentally, or technically feasible.
The WMDs have identified and designated WRCAs as required by Chapter 62-40, F.A.C. This also requires WMDs to designate WRCAs within the WMD water management plans. Domestic wastewater facilities located within, discharging within, or serving a population within designated WRCAs are required to prepare reuse feasibility studies before receiving a permit.
Specifics about WRCAs from the WMDs
are: S The Northwest Florida WMD designated the extreme southern portion of Okaloosa,
Walton, and Santa Rosa counties and the
Telogia Creek Basin in Gadsden County. S The Suwannee River WMD determined that it does not have any WRCAs. S The St. Johns River WMD designated the entire district as a WRCA. S The Southwest Florida WMD designated four areas (Northern Tampa Bay, Eastern Tampa
Bay, Highlands Ridge, and Southern). S The South Florida WMD designated approximately 90 percent of the district.
These areas are important since Chapter 6240, F.A.C., requires reuse within these designated WRCAs.
Reuse Statutory Authority
Chapter 403, F.S.
This chapter provides the primary statutory authority for FDEP and its environmental control activities. Authorization is provided for implementation of the state’s wastewater management program, for implementation of the state’s drinking water program, and for other FDEP programs.
This statute authorizes the issuance of permits for domestic wastewater facilities. Time frames for permit application review and issuance, or denial of permits, are established. This statute mandates that FDEP issue permits if the applicant demonstrates that the proposed facilities will meet applicable statutory and rule requirements, and will not violate water quality criteria.
Section 403.064, F.S.
This contains the key statutory language dealing specifically with reuse. This section accomplishes the following. S Establishes the promotion and encouragement of reuse and water conservation as formal state objectives. S States that reuse is considered to be “in the public interest.” S Concludes that reuse systems designed and operated according to FDEP rules shall be
considered environmentally acceptable and not a threat to public health and safety. S Requires applicants for domestic wastewater permits for facilities located in WRCAs to prepare a reuse feasibility study. S Encourages local governments to implement reuse projects. S Allows local governments to allocate costs of reuse systems in a reasonable manner. S Mandates that the PSC allows utilities implementing reuse to recover the full cost of reuse facilities. S Requires that CUPs be consistent with local reuse programs. S Mandates that FDEP ensures that permits under review are consistent with the reuse requirements of the appropriate CUP of the WMD, given that the facility is located within, serves, or discharges to a WRCA and the utility has responsibility for water supply and domestic wastewater. S Mandates that local governments implementing reuse systems require developers to comply with the reuse program. S Requires the preparation of reuse feasibility studies for domestic wastewater treatment plants located in WRCAs. S Places limitations on deep well injection and other forms of effluent disposal. S Provides statutory authority for inside uses of reclaimed water.
Section 403.135, F.S.
This section addresses civil liability issues for persons who use reclaimed water.
A person practicing spray irrigation using reclaimed water is not liable for civil damages resulting from the irrigation. Acts of negligence and misconduct are not included in the limitation on liability.
The owners and operators of wastewater treatment facilities providing reclaimed water for reuse are not excused from civil liability, as long as the irrigation system complied with the appropriate rules and permits.
Chapter 120, F.S.
This chapter establishes rulemaking procedures for state agencies; provisions for administrative challenges are also established.
Chapter 373, F.S.
This chapter establishes the five WMDs, with a focus on regulation of water quantity. It provides several authorizations to FDEP and the WMDs, including the authority for the WMDs to issue CUPs for water use.
Section 373.250, F.S.
This section establishes the promotion of reuse of reclaimed water and water conservation as state objectives. It authorizes FDEP and WMDs to adopt rules to permit the use of water from other sources in emergency situations when reclaimed water becomes unavailable. It also precludes the WMDs from adopting rules that would give preference to users who do not use reclaimed water over users who use reclaimed water.
Chapter 367, F.S.
This chapter provides authorization for the PSC and its activities. The PSC has the responsibility for regulation of rates charged by investor-owned utilities located in specific counties in Florida. The PSC also has the ability to designate service areas to be served by an investor-owned utility.
Reuse Coordinating Group
Several state agencies are involved in reuse. In order to effectively coordinate the state’s reuse program, FDEP, PSC, and the five WMDs formed the Reuse Coordinating Group (formerly known as the Reuse Coordinating Committee) in 1992. Today, the Department of Health (DOH) and the Department of Agriculture and Consumer Services (DACS) are also members. The group coordinates reuse-related activities and promotes communication among the member agencies.
The FDEP coordinates the reuse program, administers the domestic wastewater permitting program, and has the primary responsibility for administering water quality programs. The FDEP reuse coordinator chairs the group.
The WMDs are responsible for designating WRCAs, issuing CUPs, and other water quantity issues. The WMDs may impose reuse requirements in CUPs for facilities in WRCAs. The PSC regulates rates for investor-owned utilities located in 37 Florida counties. These utilities are able to distribute the costs of reuse facilities among water, wastewater, and reclaimed water customers. The DOH serves as a technical advisor for public health issues, and DACS is involved in agricultural reuse projects.
Reuse Coordinating Group Participating Agencies
The agencies and organizations involved are: S Department of Environmental Protection S District offices of the Department of
Environmental Protection S Department of Health S Department of Transportation S Department of Agriculture and Consumer
Affairs S St. Johns River Water Management District S South Florida Water Management District S Northwest Florida Water Management
District S Suwannee River Water Management District S Southwest Florida Water Management
District
Funding for Domestic Wastewater Projects
The FDEP helps fund domestic wastewater projects through the Clean Water State Revolving Fund Loan, the State Small Community Wastewater Construction Grants, and the State Bond Loan Program.
The Clean Water State Revolving Fund (CWSRF) is administered by FDEP through the State Revolving Fund Program. It makes low-interest loans available for construction, rehabilitation, and replacement of facilities needed to collect, treat, dispose of, or reuse municipal wastewater. It’s a revolving fund because loan repayments are used to make additional loans. The CWSRF program has surpassed $4 billion in total loans.
The State Small Community Wastewater Construction Grants Program is administered by FDEP through the State Revolving Fund Program. This grant program assists small communities and wastewater authorities in planning, designing, and constructing wastewater management facilities. An eligible small community must be a municipality, county, or authority, with a total population of 10,000 or less, and have a per capita income (PCI) less than the state of Florida average PCI of $26,503.
The State Bond Loan Program is jointly administered by FDEP and the division of bond finance of the State Board of Administration. Cities, counties, districts, authorities, and other local agencies are eligible for receipt of this loan. This fund can be used for the construction of domestic wastewater facilities.
Reuse Programs of Other Agencies
Public Service Commission
The PSC has concentrated its efforts to promote water conservation and reuse of reclaimed water by developing formal lines of communication and coordination with FDEP and the WMDs. The PSC also establishes conservation-oriented rate structures, when appropriate, and allows recovery of conservation program expenses in rates. It has been actively involved in the development of a statewide water conservation plan with FDEP and the WMDs, and has entered into MOU with FDEP and WMDs addressing water conservation and reuse issues.
Reuse rates, as well as other rates for investorowned utilities, are regulated by PSC. While PSC reviews investments in lines and treatment plants in order to determine the amount a “used and useful” plant (the plant necessary to serve the current customers, plus an allowance for growth) is to be recovered in rates, the Florida Statutes require 100 percent of reclamation plant costs to be recovered.
The statutes also provide for reuse costs to be recovered from a utility’s potable water, wastewater, or reclaimed water customers, or any combination thereof, as the commission deems appropriate. High-quality reclaimed water used to irrigate a golf course conserves higherquality drinking water in the aquifer. Sharing reuse costs among the potable water, wastewater, and reclaimed water customers is justified on the basis that all customers, including potable water customers, benefit from the preservation of the aquifer.
Pursuant to the MOU between PSC and FDEP, the PSC will provide feasibility analyses of the financial impacts of reuse projects on both the customers and the wastewater utilities. The MOU also provides that PSC and FDEP, when appropriate, will jointly conduct meetings with customers to inform them of the need for reuse projects and the potential impact the projects will have on service rates.
Department of Health
The DOH is represented on the state’s Reuse Coordinating Group. The state virologist at the Department of Health and Rehabilitative Services (the predecessor agency of DOH) played a critical role in the development of the state’s high-level disinfection requirements for protecting public health. Reclaimed water
regulated by Part III of the F.A.C. must meet the high-level disinfection requirements, producing an essentially pathogen-free product that meets many of the primary and secondary drinking water standards (even though it’s not intended for drinking water purposes).
To further protect public health, FDEP district offices must provide the appropriate county health departments with a copy of the notice of intent to issue a permit, along with the draft permit, for all new or expanded reuse systems. In addition, the revisions to Chapter 62-610, F.A.C., require applicants for certain groundwater recharge and indirect potable reuse permits to notify county health departments during the planning stages of their projects.
Department of Agriculture and Consumer Services
The DACS has limited involvement in the state’s reuse program. The DACS is represented on the state’s Reuse Coordinating Group. By serving on the group, DACS brings the reuse issues and concerns of agricultural farmers before the group and is able to keep the farmers and FDEP up to date on reuse issues.
Department of Economic Opportunity
The Department of Economic Opportunity (DEO), formerly known as the Department of Community Affairs, has coordinated efforts with FDEP to make the state’s building codes consistent with the Florida Statutes and the F.A.C. regarding indoor uses of reclaimed water.
Water Management District Reuse Programs
Northwest Florida Water Management District
The Northwest Florida Water Management District (NFWMD) has an integrated approach to encourage and promote reuse of reclaimed water that involves planning, regulation, and cooperative project efforts. The district’s water supply assessments and regional water supply plans address the potential for using reclaimed water as an alternative water supply. Rule Chapter 40A-2, F.A.C., promotes utilizing the lowest-quality water source that is suitable for the purpose, and in many instances, reclaimed water fulfills this requirement.
Reuse Requirements Inside Water Resource Caution Areas
Nonpotable water use permittees located in a WRCA are required to use reclaimed water unless it’s determined not to be economically, environmentally, or technically feasible. Chapter 40A-2, F.A.C., states that public-supply water use permittees in a WRCA that operate domestic wastewater treatment plants shall provide an analysis of the economic, environmental, and technical feasibility of providing reclaimed water for reuse within five years of providing reuse of available reclaimed water supplies.
Reuse Requirements Outside Water Resource Caution Areas
While reuse efforts are concentrated within WRCAs, the district considers the use of reclaimed water outside of these areas an important resource management strategy. Chapter 40A-2, F.A.C., states that all nonpotable water use permittees must submit a reuse feasibility information form.
Funding Assistance
The district’s ad valorem revenue is limited by a state constitutional and statutory mil rate cap. To support the development of reclaimed water, the district works with state and local governments, local and regional utilities, and other partners in project development to seek funding opportunities that may include local cost-share, state legislative appropriations, state trust fund programs and grants, and/or federal resources.
St. Johns River Water Management District Reuse
The St. Johns River Water Management District (SJRWMD) governing board policy is to implement reuse to the maximum extent feasible and provide greater availability of reclaimed water districtwide to conserve available water resources, in accordance with the state of Florida’s objective to encourage and promote water conservation and reuse. All SJRWMD programs must therefore pertain to reuse, including all pertinent regulatory requirements, planning, coordination efforts, and funding programs, and are applied districtwide.
Reuse Requirements Inside Water Resource Caution Areas
Subsection 62-40.401(5), F.A.C., requires the WMDs to designate WRCAs as regions where reuse would be required if economically, environmentally, and technically feasible. Prior to the implementation of Subsection 62-40.401(5), F.A.C., SJRWMD policy and practice already required reuse throughout the district, where available and feasible; therefore, the SJRWMD governing board designated the entire district as a water conservation area to meet the requirements of the subsection. The water conservation area designation was changed to a WRCA to conform with statewide nomenclature, but still covers the entire district.
Chapter 40C-2, FAC, requires reuse of reclaimed water where feasible for all consumptive use permittees. In addition to requiring reuse where feasible, the CUP program of SJRWMD also provides incentives for implementing reuse by including it as a favorable factor when determining permit durations and exempting reclaimed water from restricted outdoor irrigation hours. Where reuse is not currently feasible, most SJRWMD permits include a condition that requires the permittee to implement reuse when it becomes feasible.
The lowest-acceptable-quality water source, including reclaimed water, which is addressed in paragraph 40C-2.301(4)(f), F.A.C., must be utilized for each consumptive use. To use a higher-quality water source, an applicant must demonstrate that the use of all lowerquality water sources will not be economically, environmentally, or technically feasible. If the applicant demonstrates that the use of a lower-quality water source would result in environmental impacts that outweigh water savings, a higher-quality source may be utilized.
Reuse Requirements Outside Water Resource Caution Areas
The SJRWMD has designated the whole district as a WRCA.
Funding Assistance
The SJRWMD has several cost-sharing programs for projects that create sustainable water resources, provide flood protection, and enhance conservation efforts. Funding may be available for local governments, agricultural interests, and other entities.
South Florida Water Management District
The South Florida Water Management District (SFWMD) is a regional governmental agency that oversees the water resources in the southern half of the state, covering 16 counties from Orlando to the Florida Keys. The SFWMD has developed an approach to encourage and promote reuse of reclaimed water that involves planning, regulation, cooperative funding, and other coordination and cooperative efforts. The reuse program has been aggressive and successful in the utilization of reclaimed water.
The rules in Chapter 40E-2, F.A.C., provide the foundation for the district’s regulatory reuse policies. All water use permit applicants within the SFWMD are required to address the use of reclaimed water as part of obtaining a permit for water use. For water users, this involves evaluating the use of reclaimed water as a water source; for public water suppliers, which directly or indirectly control a wastewater treatment facility, this involves implementing a feasible reuse program. The SFWMD issues water use permits with durations of up to 20 years. One factor considered in determining the duration of a permit is the development of alternative water sources, including the use of reclaimed water.
Reuse Requirements Inside Water Resource Caution Areas
Critical WRCAs include all or part of 12 of the SFWMD’s 16 counties. Pursuant to Chapter 40E-23, F.A.C., reclaimed water is required to be used in these areas unless it’s demonstrated by
Statement of Support for Water Reuse
WHEREAS, water reuse is defined as the beneficial use of reclaimed water (treated wastewater) for landscape and golf course irrigation; agricultural irrigation; industrial uses; toilet flushing; fire protection; decorative water features; groundwater recharge; indirect potable reuse; wetlands creation, restoration, and enhancement; and other uses allowed by Florida’s reuse rules; and WHEREAS, Florida Statutes establish the encouragement and promotion of water reuse as state objectives; and WHEREAS, Florida’s Water Resource Implementation Rule advocates and directs that reuse of reclaimed water be established as an integral part of water and wastewater management programs in Florida; and WHEREAS, water reuse provides an environmentally sound means for managing wastewater, while conserving water and replenishing valuable water supplies; and WHEREAS, Florida law and regulations are fully protective of public health and environmental quality; and WHEREAS, the capacity of water reuse systems in Florida exceeds one billion gallons per day; and WHEREAS, Florida’s extensive experience with water reuse has demonstrated the viability and acceptability of water reuse practice; and WHEREAS, EPA encourages water reuse as a means for managing wastewater under the provisions of the Clean Water Act; and WHEREAS, Florida Statutes require the Florida Public Service Commission to allow recovery of all prudent reuse costs in customer rates, which may be allocated among the utilities’ water, wastewater, or reuse customers, or any combination thereof; and WHEREAS, the Florida Department of Environmental Protection and the water management districts have formally agreed to assist the Florida Public Service Commission in rate cases in the proper evaluation of reuse issues and the resulting costs, and promote customer acceptance of reuse through expert testimony at formal hearings, and at informal customer meetings; and WHEREAS, Congress established pollution prevention as a national objective in the Pollution Prevention Act of 1990, and EPA includes increased efficiency in the use of water as part of a new environmental ethic; and WHEREAS, the U,S Environmental Protection Agency, the Florida Department of Environmental Protection, and the state’s water management districts have participated in the funding of water reuse systems in Florida and all participating agencies have encouraged and promoted the safe implementation of water reuse in Florida. NOW, THEREFORE, the participating agencies resolve to continue to encourage and promote water reuse, to work together to overcome institutional and regulatory disincentives and funding constraints, to ensure protection of public health and environmental quality, and to promote public acceptance of water reuse in Florida. the water use permit applicant that reuse is not environmentally, economically, or technically feasible.
Reuse Requirements Outside Water Resource Caution Areas
In those areas of the district that are not designated a WRCA, reclaimed water must be used in place of higher-quality water sources when reclaimed water is readily available, unless it’s demonstrated by the water use permit applicant that reuse is not feasible.
Funding Assistance
The district’s planning and regulatory efforts are complemented by an alternative water supply funding program that provides funding to local governments, public or private utilities, and other users for projects that develop alternative water supplies or promote water conservation.
Southwest Florida Water Management District
Southwest Florida Water Management District (SWFWMD) encourages and promotes water conservation and reuse of reclaimed water, as defined by FDEP, as state objectives that are considered to be in the public interest. It has developed an effective reuse program that includes reuse goals, regulatory policies, and three funding assistance programs. The goals are set forth in the district’s water management plan (WMP) and regional water supply plan (RWSP).
Reuse Requirements Inside Water Resource Caution Areas
The SWFWMD has declared four WRCAs. The rules in Chapter 40D-2, F.A.C., provide the foundation for the district’s regulatory reuse policies. Domestic wastewater treatment facilities located in, serving a population within, or discharging to, WRCAs must investigate the feasibility of water reuse. If it’s determined feasible, then reclaimed water must be used. If reclaimed water becomes available, water use permittees must accept it, provided that the quantity and quality are acceptable for intended use, and use is technically, environmentally, and economically feasible.
Water use permittees who generate reclaimed water must submit an annual report to the district summarizing the quantity of wastewater generated, the quantity of reclaimed water reused, a list of reclaimed water customers, and a map depicting the reuse service area. Water users who receive reclaimed water must also submit an annual report that gives an account of their use of reclaimed water.
Reuse Requirements Outside Water Resource Caution Areas
In areas outside of WRCAs, Chapter 40D2, F.A.C., requires applicants to use the lowest-
