HB 1665 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to preventing contaminants from 2
discharging into wastewater facilities and waters of 3
the state; creating s. 376.92, F.S.; defining terms; 4
establishing the PFAS and 1,4 -dioxane pretreatment 5
initiative within the Department of Environmental 6
Protection for a specified purpose; providing 7
requirements for certain wastewater facilities with 8
industrial pretreatment programs which begin 9
implementing an industrial pretreatment program after 10
a specified date; authorizing the department to expand 11
the initiative; providing discharge limits and surface 12
water quality standards for industrial users beginning 13
on a specified date; providing that such limits a nd 14
standards are effective until the department adopts 15
specified rules and such rules are ratified by the 16
Legislature; requiring the department to incorporate 17
such limits and standards into certain permitting 18
requirements; requiring the department to creat e a 19
schedule for ongoing sampling, reporting, and 20
compliance; providing requirements for enforcement 21
actions for violations after a specified date; 22
providing an effective date. 23
24
Be It Enacted by the Legislature of the State of Florida: 25
HB 1665 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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Section 1. Section 376.92, Florida Statutes, is created to 27
read: 28
376.92 Contaminants of emerging concern; inventory of 29
probable sources of contamination; pretreatment. — 30
(1) DEFINITIONS.—As used in this section, the term: 31
(a) "Department" means the Department of Environmental 32
Protection. 33
(b) "Industrial user" means a source of discharge. 34
(c) "PFAS" means per - and polyfluoroalkyl substances, 35
including perfluorooctanoic acid (PFOA) and perfluorooctane 36
sulfonate (PFOS). 37
(d) "Pretreatment" means the reduction o f the amount of 38
pollutants, the elimination of pollutants, or the alteration of 39
the nature of pollutant properties in wastewater before or in 40
lieu of discharging or otherwise introducing such pollutants 41
into a wastewater facility. The reduction or alterati on may be 42
obtained by physical, chemical, or biological processes, by 43
process changes, or by other means, except as prohibited by rule 44
62-625.410(5), Florida Administrative Code. 45
(e) "Wastewater facility" means a facility that discharges 46
waste into waters of the state or which can reasonably be 47
expected to be a source of water pollution and includes any of 48
the following: 49
1. The collection and transmission system. 50
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2. The wastewater treatment works. 51
3. The reuse or disposal system. 52
4. The biosolids management facility. 53
(2) PFAS AND 1,4-DIOXANE PRETREATMENT INITIATIVE. — 54
(a) The PFAS and 1,4 -dioxane pretreatment initiative is 55
established within the department. The purpose of the initiative 56
is to coordinate wastewater facility industrial pretreatment 57
programs. A wastewater facility with an industrial pretreatment 58
program shall do all of the following: 59
1. Complete and provide to the department between June 1, 60
2025, and July 1, 2025, an inventory of industrial users to 61
identify probable so urces of PFOS, PFOA, or 1,4 -dioxane. 62
a. The department shall provide written guidance to all 63
wastewater facilities with industrial pretreatment programs on 64
or before September 1, 2024, which includes, but is not limited 65
to, the industry types and other k nown at-risk sites that should 66
be included as part of each wastewater facility's inventory of 67
probable sources of PFOS, PFOA, or 1,4 -dioxane discharge. 68
b. On or before January 1, 2025, a member of the public 69
may recommend to the waste water facilities an d the department 70
industrial users that should be included in the probable sources 71
inventory of each wastewater facility with an industrial 72
pretreatment program. 73
2. On or before March 1, 2025, provide notice to the 74
department and to any industrial user th at has been initially 75
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identified by the inventory as being a probable source of PFOS, 76
PFOA, or 1,4-dioxane discharges. 77
a. The notice must include a statement that the identified 78
industrial users may become subject to applicable pretreatment 79
standards and requirements, including specific discharge limits 80
for PFOS, PFOA, or 1,4 -dioxane pursuant to the pretreatment 81
program, and that these contaminants may be controlled through 82
permit, order, or similar means beginning on July 1, 2026. 83
b. An industrial user may respond to the notice by May 1, 84
2025, to provide any compelling information as to why the 85
industrial user is not a probable source of PFOS, PFOA, or 1,4 -86
dioxane discharge. 87
3. Submit to the department the final inventory of the 88
industrial users that are subject to applicable pretreatment 89
standards and requirements, including specific discharge limits 90
for PFOS, PFOA, or 1,4 -dioxane, and provide notice to the 91
industrial users on the list that such users will be issued 92
permits, orders, or similar measure s to enforce applicable 93
pretreatment standards and requirements for PFOS, PFOA, or 1,4 -94
dioxane beginning on July 1, 2026. The wastewater facility and 95
the department shall encourage an industrial user identified by 96
the final inventory to take action to redu ce the likelihood that 97
its PFOS, PFOA, or 1,4 -dioxane discharges exceed specific 98
discharge limits before the issuance of a permit, order, or 99
similar measures to enforce applicable pretreatment standards 100
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and requirements. 101
4. Issue a permit, order, or simi lar measure to enforce 102
applicable pretreatment standards and requirements for PFOS, 103
PFOA, or 1,4-dioxane, including specific discharge limits, which 104
will become effective on July 1, 2026. A wastewater facility 105
shall require that each industrial user perfor m self-monitoring 106
and sampling and meet reporting, notification, and record -107
keeping requirements, including identification of how the 108
industrial user shall monitor PFOS, PFOA, or 1,4 -dioxane, 109
sampling locations, sampling frequency, and sample types. 110
5. Complete, between July 1, 2026, and January 1, 2027, a 111
grab sampling at each identified industrial user's facilities 112
and other at-risk sites that are probable sources of PFOS, PFOA, 113
or 1,4-dioxane discharges. If the self -reported data or a 114
department grab sample is at or above specified discharge limits 115
for PFOS, PFOA, or 1,4 -dioxane, the wastewater facility must 116
implement on or before July 1, 2027, appropriate corrective 117
action, including, but not limited to, the use of best 118
management practices, changes in processes, product 119
replacements, equipment or tank change -outs or clean-outs, or 120
pretreatment technologies to reduce or eliminate PFOS, PFOA, or 121
1,4-dioxane at such industrial facilities and other at -other 122
risk sites. 123
(b) A wastewater facility that begi ns implementing an 124
industrial pretreatment program after July 1, 2024, shall 125
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complete an inventory of industrial users to identify probable 126
sources of PFOS, PFOA, or 1,4 -dioxane discharges and must issue 127
a permit, order, or similar measure to enforce appli cable 128
pretreatment standards and requirements consistent with this 129
section. 130
(c) The department may expand the initiative to other 131
wastewater treatment plants to include wastewater facilities 132
permitted under the National Pollutant Discharge Elimination 133
System. 134
(3) DISCHARGE LIMITS AND WATER QUALITY STANDARDS. — 135
(a) Beginning July 1, 2026, the following specific 136
discharge limits and surface water quality standards for PFOS, 137
PFOA, and 1,4-dioxane are established for industrial users until 138
new specific discharge limits are adopted by the department 139
using criteria set forth in s. 376.30701 and ratified by the 140
Legislature: 141
1. For PFOS, 10 nanograms per liter. 142
2. For PFOA, 170 nanograms per liter. 143
3. For 1,4-dioxane, 200,000 nanograms per liter. 144
(b) The department shall incorporate the interim surface 145
water quality standards for PFOS, PFOA, or 1,4 -dioxane into the 146
permitting requirements for wastewater facilities with 147
industrial pretreatment programs with an industrial user that 148
has a self-reported violation of discharge limits or if the 149
wastewater facility has taken a grab sample at or above 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
discharge limits for PFOS, PFOA, or 1,4 -dioxane. The department 151
shall create a schedule for ongoing sampling, reporting, and 152
compliance for wastewater facilities wi th these new permitting 153
requirements for PFOS, PFOA, and 1,4 -dioxane. 154
(4) VIOLATIONS AND ADMINISTRATIVE ACTION. —On or before 155
July 1, 2027, an entity may not be subject to civil or criminal 156
penalties for violations of this section. After July 1, 2027, 157
the department shall take into consideration the financial 158
situation and the costs of implementing best management 159
practices and other corrective actions for each wastewater 160
facility out of compliance with its permit, order, or similar 161
means when considering enforcement actions for violations of 162
applicable pretreatment standards and requirements or violations 163
of water quality standards. 164
Section 2. This act shall take effect July 1, 2024. 165