The primary objective of Senate Bill 64 (SB 64) is to eliminate surface water discharges that do not provide any meaningful benefits by January 1, 2032. To accomplish this goal, the legislation mandated that utilities submit their implementation plans to the Florida Department of Environmental Protection (FDEP) by November 1, 2021. Subsequently, the FDEP has a nine-month window to thoroughly review and either approve or deny these plans, with a deadline of on or before September 1, 2022. Notably, there are penalties in place for utilities that fail to submit their plans or have them approved.
It is important to highlight that SB 64 does not require the elimination of all surface water discharges. The legislation acknowledges the value of some discharges that benefit the environment or serve a public purpose, such as rehydrating wetlands, implementing Minimum Flows and Levels (MFL), or managing wet weather events. Additionally, certain exemptions exist for smaller and rural utilities.
All 167 utilities subject to SB 64 have submitted compliance plans, with 32 of them providing explanations for the continued necessity of their discharges due to their environmental or public benefit. Currently, these utilities are actively engaged in expeditiously designing, permitting, and constructing projects aimed at eliminating surface water discharges to meet the January 1, 2032 deadline.
Throughout this process, the FWEA UC maintains regular communication with both the FDEP and elected leaders to ensure transparency and progress in implementing SB 64. As one potential compliance option under consideration, Florida utilities are collaborating with the FDEP on a rulemaking effort to establish a permitting program for potable reuse. This rulemaking is essential, as utilities cannot proceed with designing and constructing potable reuse systems until treatment and other permitting requirements are officially defined within FDEP rules. The timely completion and ratification of this rulemaking are thus crucial for the successful implementation of potable reuse as part of SB 64 compliance strategies.
Below are documents and reference materials we have compiled regarding Surface Water Discharge Elimination.
Below are documents and reference materials we have compiled regarding Surface Water Discharge Elimination.
Get in Touch
Have a question or comment for the team? Reach out today!
Sharing your contact information allows the team to respond. Contact information will not be used for any other purpose.
Chad Revis
FWEAUC Administrator
Phone: 850.270.5938
Email Chad →