Wastewater professional Joe Squitieri pointed out that 2032 may not be the real deadline for wastewater outflows to stop going into rivers according to FL SB 64.

Extensions could be granted until 2039, or maybe even 2044. So JEA could keep outflowing into the St. Johns River after 2032.

FL statutes give JEA until 2032 or 2039 or later to divert its wastewater –Joe Squitieri @ SCRP 2026-04-02

Here’s the video:

https://www.facebook.com/reel/1329841519196016/

https://youtu.be/qsp91kAdL5E

He also reminded us that the JEA Buckman wastewater plant is under a Florida Consent Order for exceeding a range of contaminant limits.

Plus, even when that plant is in compliance, it produces quite a bit of nitrates and other contaminants. It failed a test that involves putting fish in the outflow: none of them survived, he said. Then there are PFAS forever chemicals and pharmaceuticals.

“They really don’t know what they’re doing,” he said.

He recommended if they can clean it up enough, they should turn their wastewater into potable reuse.

For the other speakers at that meeting, see Videos: A roomfull against WFNF at SCRP, Live Oak, FL 2026-04-02.

https://wwals.net/?p=69955

WATER FIRST NORTH FLORIDA, 2025-07-08, SRWMD Staff
PDF

SB 64 resulted in Florida Statutes 403.064 Reuse of reclaimed water. See especially (16)(c) for the 2032 date and 16(f) for the 2039 date.

(16) By November 1, 2021, domestic wastewater utilities that dispose of effluent, reclaimed water, or reuse water by surface water discharge shall submit to the department for review and approval a plan for eliminating nonbeneficial surface water discharge by January 1, 2032, subject to the requirements of this section. The plan must include the average gallons per day of effluent, reclaimed water, or reuse water that will no longer be discharged into surface waters and the date of such elimination, the average gallons per day of surface water discharge which will continue in accordance with the alternatives provided for in subparagraphs (a)2. and 3., and the level of treatment that the effluent, reclaimed water, or reuse water will receive before being discharged into a surface water by each alternative.

(a) The department shall approve a plan that includes all of the information required under this subsection as meeting the requirements of this section if one or more of the following conditions are met:

1. The plan will result in eliminating the surface water discharge.

2. The plan will result in meeting the requirements of s. 403.086(10).

3. The plan does not provide for a complete elimination of the surface water discharge but does provide an affirmative demonstration that any of the following conditions apply to the remaining discharge:

a. The discharge is associated with an indirect potable reuse project;

b. The discharge is a wet weather discharge that occurs in accordance with an applicable department permit;

c. The discharge is into a stormwater management system and is subsequently withdrawn by a user for irrigation purposes;

d. The utility operates domestic wastewater treatment facilities with reuse systems that reuse a minimum of 90 percent of a facility’s annual average flow, as determined by the department using monitoring data for the prior 5 consecutive years, for reuse purposes authorized by the department; or

e. The discharge provides direct ecological or public water supply benefits, such as rehydrating wetlands or implementing the requirements of minimum flows and minimum water levels or recovery or prevention strategies for a water body.

The plan may include conceptual projects under sub-subparagraphs 3.a. and e.; however, such inclusion does not extend the time within which the plan must be implemented.

(b) The department shall approve or deny a plan within 9 months after receiving the plan. A utility may modify the plan by submitting such modification to the department; however, the plan may not be modified such that the requirements of this subsection are not met, and the department may not extend the time within which a plan will be implemented. The approval of the plan or a modification by the department does not constitute final agency action.

(c) A utility shall fully implement the approved plan by January 1, 2032.

(d) If a plan is not timely submitted by a utility or approved by the department, the utility’s domestic wastewater treatment facilities may not dispose of effluent, reclaimed water, or reuse water by surface water discharge after January 1, 2028. A violation of this paragraph is subject to administrative and civil penalties pursuant to ss. 403.121, 403.131, and 403.141.

(e) A domestic wastewater utility applying for a permit for a new or expanded surface water discharge shall prepare a plan in accordance with this subsection as part of that permit application. The department may not approve a permit for a new or expanded surface water discharge unless the plan meets one or more of the conditions provided in paragraph (a).

(f) A domestic wastewater treatment facility with an approved plan may submit a request to the department to amend the plan to incorporate a reclaimed water project identified in an Outstanding Florida Springs recovery or prevention strategy adopted pursuant to s. 373.805. The department must approve the request within 60 days after receipt of the request if all of the following conditions are met:

1. The identified use of reclaimed water will benefit a rural area of opportunity as defined in s. 288.0656(2).

2. The project will provide at least 35 million gallons per day of reclaimed water to benefit an Outstanding Florida Spring.

3. The project involves more than one domestic wastewater treatment facility.

4. The project implementation and surface water discharge elimination schedule meets the requirements of s. 373.805 and has an implementation date of no later than January 1, 2039.

(g) By December 31, 2021, and annually thereafter, the department shall submit a report to the President of the Senate and the Speaker of the House of Representatives which provides the average gallons per day of effluent, reclaimed water, or reuse water that will no longer be discharged into surface waters by the utility and the dates of such elimination; the average gallons per day of surface water discharges that will continue in accordance with the alternatives provided in subparagraphs (a)2. and 3., and the level of treatment that the effluent, reclaimed water, or reuse water will receive before being discharged into a surface water by each alternative and utility; and any modified or new plans submitted by a utility since the last report.

(h) This subsection does not apply to any of the following:

1. A domestic wastewater treatment facility that is located in a fiscally constrained county as described in s. 218.67(1).

2. A domestic wastewater treatment facility that is located in a municipality that is entirely within a rural area of opportunity as designated pursuant to s. 288.0656.

3. A domestic wastewater treatment facility that is located in a municipality that has less than $10 million in total revenue, as determined by the municipality’s most recent annual financial report submitted to the Department of Financial Services in accordance with s. 218.32.

4. A domestic wastewater treatment facility that is operated by an operator of a mobile home park as defined in s. 723.003 and has a permitted capacity of less than 300,000 gallons per day.

(i) This subsection does not prohibit the inclusion of a plan for backup discharges under s. 403.086(8)(a).

(j) This subsection may not be deemed to exempt a utility from requirements that prohibit the causing of or contributing to violations of water quality standards in surface waters, including groundwater discharges that affect water quality in surface waters.

Be sure to get the 2025 version. The 2021 version does not have any subclauses of (16).

But that’s not all. Following the reference to FS 373.805 Minimum flows and minimum water levels for Outstanding Florida Springs, we find:

(5) A local government may apply to the department for a single extension of up to 5 years for any project in an adopted recovery or prevention strategy. The department may grant the extension if the local government provides to the department sufficient evidence that an extension is in the best interest of the public. For a local government in a rural area of opportunity, as defined in s. 288.0656, the department may grant a single extension of up to 10 years.

So JEA might get a five-year extension from 2039 to 2044.

Joe noted in followup email, “However, JEA may not qualify as a “local government”.”

But the Jacksonville City Council does qualify, and JEA works for Jacksonville, so I’d bet they could try arguing that counts.

However, no ten-year extension for JEA or Jacksonville, because Duval County is not a Rural Area of Opportunity (RAO). And JEA’s Drinking Water Service Areas do not include Putnam County, and they only include a smidgeon of Nassau County: those are the only counties that are RAO in the St. Johns District.

Map: JEA Drinking Water Service Areas, 2023-04-01, JEA.

RAOs and WFNF are a whole ‘nother topic for a later post.

 -jsq, John S. Quarterman, Suwannee RIVERKEEPER®

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