Florida Senate - 2019 COMMITTEE AMENDMENT
Bill No. CS for SB 1758
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LEGISLATIVE ACTION
Senate . House
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The Committee on Community Affairs (Mayfield) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 195 - 759
4 and insert:
5 403.161 and may not participate in the wastewater grant program
6 established under s. 403.0673 until such time as the ordinance
7 has been adopted, enacted, and implemented. In implementing the
8 ordinance, a local government shall conduct educational
9 campaigns, enforcement programs, and mandatory notification of
10 property owners subject to the ordinance, and shall submit a
11 report on its implementation efforts to the department for
12 publication on the department’s website.
13 (3) If a basin management action plan or an alternative
14 restoration plan has not been adopted within 90 days after the
15 adoption of a nutrient total maximum daily load for an
16 Outstanding Florida Spring, agricultural operations located
17 within the associated Water Body Identification Number shall
18 sign a notice of intent to implement the applicable agricultural
19 best management practices or other measures adopted by the
20 Department of Agriculture and Consumer Services pursuant to s.
21 403.067(7)(c) or conduct water quality monitoring as prescribed
22 by the department or a water management district. Such
23 agricultural operations may be subject to enforcement action by
24 the department or a water management district based upon a
25 failure to comply with this subsection.
26 (3) As part of a basin management action plan that includes
27 an Outstanding Florida Spring, the department, the Department of
28 Health, relevant local governments, and relevant local public
29 and private wastewater utilities shall develop an onsite sewage
30 treatment and disposal system remediation plan for a spring if
31 the department determines onsite sewage treatment and disposal
32 systems within a priority focus area contribute at least 20
33 percent of nonpoint source nitrogen pollution or if the
34 department determines remediation is necessary to achieve the
35 total maximum daily load. The plan shall identify cost-effective
36 and financially feasible projects necessary to reduce the
37 nutrient impacts from onsite sewage treatment and disposal
38 systems and shall be completed and adopted as part of the basin
39 management action plan no later than the first 5-year milestone
40 required by subparagraph (1)(b)8. The department is the lead
41 agency in coordinating the preparation of and the adoption of
42 the plan. The department shall:
43 (a) Collect and evaluate credible scientific information on
44 the effect of nutrients, particularly forms of nitrogen, on
45 springs and springs systems; and
46 (b) Develop a public education plan to provide area
47 residents with reliable, understandable information about onsite
48 sewage treatment and disposal systems and springs.
49
50 In addition to the requirements in s. 403.067, the plan shall
51 include options for repair, upgrade, replacement, drainfield
52 modification, addition of effective nitrogen reducing features,
53 connection to a central sewerage system, or other action for an
54 onsite sewage treatment and disposal system or group of systems
55 within a priority focus area that contribute at least 20 percent
56 of nonpoint source nitrogen pollution or if the department
57 determines remediation is necessary to achieve a total maximum
58 daily load. For these systems, the department shall include in
59 the plan a priority ranking for each system or group of systems
60 that requires remediation and shall award funds to implement the
61 remediation projects contingent on an appropriation in the
62 General Appropriations Act, which may include all or part of the
63 costs necessary for repair, upgrade, replacement, drainfield
64 modification, addition of effective nitrogen reducing features,
65 initial connection to a central sewerage system, or other
66 action. In awarding funds, the department may consider expected
67 nutrient reduction benefit per unit cost, size and scope of
68 project, relative local financial contribution to the project,
69 and the financial impact on property owners and the community.
70 The department may waive matching funding requirements for
71 proposed projects within an area designated as a rural area of
72 opportunity under s. 288.0656.
73 (4) The department shall provide notice to a local
74 government of all permit applicants under s. 403.814(12) in a
75 priority focus area of an Outstanding Florida Spring over which
76 the local government has full or partial jurisdiction.
77 Section 4. Subsection (2) of section 373.811, Florida
78 Statutes, is amended to read:
79 373.811 Prohibited activities within a priority focus
80 area.—The following activities are prohibited within a priority
81 focus area in effect for an Outstanding Florida Spring:
82 (2) New onsite sewage treatment and disposal systems on
83 lots of less than 1 acre, if the addition of the specific
84 systems conflicts with an onsite treatment and disposal system
85 remediation plan incorporated into a basin management action
86 plan in accordance with s. 403.067(7)(e) s. 373.807(3).
87 Section 5. Subsections (22) and (23) are added to section
88 403.031, Florida Statutes, to read:
89 403.031 Definitions.—In construing this chapter, or rules
90 and regulations adopted pursuant hereto, the following words,
91 phrases, or terms, unless the context otherwise indicates, have
92 the following meanings:
93 (22) “Wastewater facilities” or “wastewater treatment
94 facilities” means any of the following: the collection and
95 transmission system, the wastewater treatment plant, and the
96 reuse or disposal system.
97 (23) “Wastewater plant” or “wastewater treatment plant”
98 means any plant or other works used for the purpose of treating,
99 stabilizing, or holding wastewater.
100 Section 6. Section 403.0616, Florida Statutes, is created
101 to read:
102 403.0616 Real-time water quality monitoring program.–
103 (1) Subject to appropriation, the department shall
104 establish a real-time water quality monitoring program to assist
105 in the restoration, preservation, and enhancement of impaired
106 waterbodies and coastal resources.
107 (2) In order to expedite the creation and implementation of
108 the program, the department is encouraged to form public-private
109 partnerships with established scientific entities with existing,
110 proven real-time water quality monitoring equipment and
111 experience in deploying such equipment.
112 Section 7. Present paragraph (d) of subsection (7) of
113 section 403.067, Florida Statutes, is redesignated as paragraph
114 (f), a new paragraph (d) and paragraphs (e) and (g) are added to
115 that subsection, paragraph (a) of that subsection is amended,
116 and paragraph (d) is added to subsection (3) of that section, to
117 read:
118 403.067 Establishment and implementation of total maximum
119 daily loads.—
120 (3) ASSESSMENT.—
121 (d) If a basin management action plan or an alternative
122 restoration plan has not been adopted within 90 days after the
123 adoption of a total maximum daily load for a water body or water
124 body segment, agricultural operations located within the
125 associated Water Body Identification Number shall sign a notice
126 of intent to implement the applicable agricultural best
127 management practices or other measures adopted by the Department
128 of Agriculture and Consumer Services pursuant to s.
129 403.067(7)(c) or conduct water quality monitoring as prescribed
130 by the department or a water management district. Such
131 agricultural operations may be subject to enforcement action by
132 the department or a water management district based upon a
133 failure to comply with this paragraph.
134 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
135 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
136 (a) Basin management action plans.—
137 1. In developing and implementing the total maximum daily
138 load for a water body, the department, or the department in
139 conjunction with a water management district, may develop a
140 basin management action plan that addresses some or all of the
141 watersheds and basins tributary to the water body. Such plan
142 must integrate the appropriate management strategies available
143 to the state through existing water quality protection programs
144 to achieve the total maximum daily loads and may provide for
145 phased implementation of these management strategies to promote
146 timely, cost-effective actions as provided for in s. 403.151.
147 The plan must establish a schedule implementing the management
148 strategies, provide detailed information for improvement
149 projects including descriptions and timelines for completion,
150 establish a basis for evaluating the plan’s effectiveness, and
151 identify feasible funding strategies for implementing the plan’s
152 management strategies. The management strategies may include
153 regional treatment systems or other public works, where
154 appropriate, and voluntary trading of water quality credits to
155 achieve the needed pollutant load reductions.
156 2. A basin management action plan must equitably allocate,
157 pursuant to paragraph (6)(b), pollutant reductions to individual
158 basins, as a whole to all basins, or to each identified point
159 source or category of nonpoint sources, as appropriate. For
160 nonpoint sources for which best management practices have been
161 adopted, the initial requirement specified by the plan must be
162 those practices developed pursuant to paragraph (c). Where
163 appropriate, the plan may take into account the benefits of
164 pollutant load reduction achieved by point or nonpoint sources
165 that have implemented management strategies to reduce pollutant
166 loads, including best management practices, before the
167 development of the basin management action plan. The plan must
168 also identify the mechanisms that will address potential future
169 increases in pollutant loading.
170 3. The basin management action planning process is intended
171 to involve the broadest possible range of interested parties,
172 with the objective of encouraging the greatest amount of
173 cooperation and consensus possible. In developing a basin
174 management action plan, the department shall assure that key
175 stakeholders, including, but not limited to, applicable local
176 governments, water management districts, the Department of
177 Agriculture and Consumer Services, other appropriate state
178 agencies, local soil and water conservation districts,
179 environmental groups, regulated interests, and affected
180 pollution sources, are invited to participate in the process.
181 The department shall hold at least one public meeting in the
182 vicinity of the watershed or basin to discuss and receive
183 comments during the planning process and shall otherwise
184 encourage public participation to the greatest practicable
185 extent. Notice of the public meeting must be published in a
186 newspaper of general circulation in each county in which the
187 watershed or basin lies not less than 5 days nor more than 15
188 days before the public meeting. A basin management action plan
189 does not supplant or otherwise alter any assessment made under
190 subsection (3) or subsection (4) or any calculation or initial
191 allocation.
192 4. Each new or revised basin management action plan shall
193 include:
194 a. The appropriate management strategies available through
195 existing water quality protection programs to achieve total
196 maximum daily loads, which may provide for phased implementation
197 to promote timely, cost-effective actions as provided for in s.
198 403.151;
199 b. A description of best management practices adopted by
200 rule;
201 c. A list of projects in priority ranking with a planning
202 level cost estimate and estimated date of completion for each
203 listed project. The priority ranking shall be based on the
204 estimated reduction in nutrient load per project, project
205 readiness, cost effectiveness, overall environmental benefit,
206 location within the plan area, local matching funds, and water
207 savings or quantity improvements;
208 d. The source and amount of financial assistance to be made
209 available by the department, a water management district, or
210 other entity for each listed project, if applicable; and
211 e. A planning-level estimate of each listed project’s
212 expected load reduction, if applicable.
213 5. The department shall adopt all or any part of a basin
214 management action plan and any amendment to such plan by
215 secretarial order pursuant to chapter 120 to implement the
216 provisions of this section.
217 6. The basin management action plan must include milestones
218 for implementation and water quality improvement, and an
219 associated water quality monitoring component sufficient to
220 evaluate whether reasonable progress in pollutant load
221 reductions is being achieved over time. An assessment of
222 progress toward these milestones shall be conducted every 5
223 years, and revisions to the plan shall be made as appropriate.
224 Revisions to the basin management action plan shall be made by
225 the department in cooperation with basin stakeholders. Revisions
226 to the management strategies required for nonpoint sources must
227 follow the procedures set forth in subparagraph (c)4. Revised
228 basin management action plans must be adopted pursuant to
229 subparagraph 5.
230 7. In accordance with procedures adopted by rule under
231 paragraph (9)(c), basin management action plans, and other
232 pollution control programs under local, state, or federal
233 authority as provided in subsection (4), may allow point or
234 nonpoint sources that will achieve greater pollutant reductions
235 than required by an adopted total maximum daily load or
236 wasteload allocation to generate, register, and trade water
237 quality credits for the excess reductions to enable other
238 sources to achieve their allocation; however, the generation of
239 water quality credits does not remove the obligation of a source
240 or activity to meet applicable technology requirements or
241 adopted best management practices. Such plans must allow trading
242 between NPDES permittees, and trading that may or may not
243 involve NPDES permittees, where the generation or use of the
244 credits involve an entity or activity not subject to department
245 water discharge permits whose owner voluntarily elects to obtain
246 department authorization for the generation and sale of credits.
247 8. The provisions of the department’s rule relating to the
248 equitable abatement of pollutants into surface waters do not
249 apply to water bodies or water body segments for which a basin
250 management plan that takes into account future new or expanded
251 activities or discharges has been adopted under this section.
252 (d) Wastewater treatment plan.—
253 1. As part of a basin management action plan, each local
254 government, in cooperation with the department, the relevant
255 water management district, and the relevant local public and
256 private wastewater utilities, shall develop a plan to implement
257 improvements that provide, at a minimum, advanced waste
258 treatment, as defined in s. 403.086(4). The plan must provide
259 for construction, expansion, or upgrades necessary to achieve a
260 total maximum daily load, consistent with an onsite sewage
261 treatment and disposal system remediation plan under paragraph
262 (e). A local government that does not have a wastewater
263 treatment plant in its jurisdiction is not required to develop a
264 wastewater treatment plan unless the department determines that
265 the creation of such a plant within the jurisdiction is
266 necessary to meet the total maximum daily load. If advanced
267 waste treatment standards are met or exceeded as part of a
268 broader waste treatment program implemented by the local public
269 or private wastewater treatment utility, such a program may be
270 deemed to comply with the requirements of this paragraph with
271 the approval of the department. Wastewater treatment plants that
272 are directly addressed in a basin management action plan and do
273 not meet or exceed advanced waste treatment standards but that
274 have been determined to meet the requirements for the total
275 maximum daily load before July 1, 2019, are grandfathered unless
276 and until the department determines that higher levels of
277 treatment are required to meet the total maximum daily load.
278 2. Each owner or operator of an existing wastewater
279 treatment plant shall provide certain information for each plant
280 that has a plan to implement upgrades that meet or exceed
281 advanced waste treatment, as defined in s. 403.086(4). This
282 information must include the following as it relates to existing
283 conditions and estimated conditions after upgrades are
284 implemented:
285 a. The permitted capacity of the plant, in gallons per day;
286 b. The average nutrient concentration; and
287 c. The estimated average nutrient load.
288 3.a. The local government shall submit to the department
289 for approval a detailed plan that includes:
290 (I) A timeline that specifies the dates by which the
291 construction of any improvements must commence, each stage of
292 construction must be completed, and operations must commence;
293 (II) A detailed planning and design report setting forth
294 the plan for construction of improvements and operations; and
295 (III) A certification that the local government, in
296 agreement with the owner or operator, has approved the method of
297 implementing upgrades and method of financing or funding
298 construction and operation.
299 b. The department may amend the plan and shall approve a
300 final plan. The department shall provide technical support upon
301 request by a local government. An existing wastewater treatment
302 plant must also incorporate the plan into its next NPDES or
303 wastewater operating permit renewal.
304 c. Each new wastewater treatment plant located within the
305 plan area shall comply with the requirements and approved dates
306 in the basin management action plan. Each existing wastewater
307 treatment plant located within the plan area must be in
308 compliance with the timeline set out in the basin management
309 action plan to receive a renewal of its NPDES or wastewater
310 operating permit. Upon a showing of good cause, the department
311 may grant an extension of time to the local government to comply
312 with the timeline.
313 d. If the deadlines for the initiation of construction of
314 improvements, completion of construction, and commencement of
315 operations which were approved pursuant to this subparagraph are
316 not satisfied, each local government with a wastewater treatment
317 plant that does not meet the requirements in this subparagraph
318 may not participate in the wastewater grant program established
319 under s. 403.0673 until such time as the plant is brought into
320 compliance. In addition, the department shall, unless good cause
321 is shown, assess penalties pursuant to ss. 403.121, 403.141, and
322 403.161 until such time as the plant is brought into compliance.
323 The department may reduce penalties based on expenditures for
324 improvements and upgrades to the wastewater treatment facility.
325 (e) Onsite sewage treatment and disposal systems.—
326 1. For purposes of this paragraph, the term “onsite sewage
327 treatment and disposal system” has the same meaning as in s.
328 381.0065.
329 2.a. As part of a basin management action plan, each local
330 government, in cooperation with the department, the Department
331 of Health, the relevant water management district, and relevant
332 local public and private wastewater utilities, shall develop an
333 onsite sewage treatment and disposal system remediation plan if
334 the department identifies onsite sewage treatment and disposal
335 systems as contributors of at least 20 percent of nonpoint
336 source nutrient pollution or if the department determines that
337 remediation is necessary to achieve a total maximum daily load.
338 In order to promote cost-effective remediation, the department
339 may identify one or more onsite sewage treatment and disposal
340 system priority focus areas. The department shall identify these
341 areas by considering soil conditions; groundwater or surface
342 water travel time; proximity to surface waters, including
343 predominantly marine waters as defined by department rule;
344 hydrogeology; onsite system density; nutrient load; and other
345 factors that may lead to water quality degradation. The
346 remediation plan must identify cost-effective and financially
347 feasible projects necessary to reduce the nutrient impacts from
348 onsite sewage treatment and disposal systems. The plan shall be
349 completed and adopted as part of the basin management action plan
350 no later than the first 5-year milestone assessment identified in
351 subparagraph (a)6., for basin management action plans generally,
352 or as required in s. 373.807(1)(b)8., for Outstanding Florida
353 Springs. Before adopting the plan, the local government shall
354 hold one or more publicly noticed meetings to receive input on
355 the plan from the general public. The department is responsible
356 for timely approval and adoption of the plan. For basin
357 management action plans not governed by part VIII of chapter
358 373, an onsite sewage treatment and disposal system priority
359 focus area means the area or areas of a basin where the
360 groundwater is generally most vulnerable to pollutant inputs
361 where there is a known connectivity between groundwater pathways
362 and an impaired water body, as determined by the department in
363 consultation with the appropriate water management districts and
364 delineated in a basin management action plan.
365 b.(I) Each local government within the plan area, or the
366 local government’s designee, shall prepare a plan, by the first
367 5-year milestone assessment required under subparagraph (a)6.,
368 for basin management action plans generally, or as required in
369 s. 373.807(1)(b)8. for Outstanding Florida Springs. Within its
370 jurisdiction, the local government plan must provide for either
371 connecting each onsite sewage treatment and disposal system to a
372 central wastewater treatment plant or replacing the current
373 system with a new system within the onsite sewage treatment and
374 disposal system priority focus area so that a nutrient load from
375 onsite sewage treatment and disposal systems meets or exceeds
376 applicable water quality standards. The plan must include water
377 quality monitoring provisions to ensure that waterbodies within
378 the plan area do not continue to be further degraded by onsite
379 sewage treatment and disposal systems. The local government
380 shall submit to the department for approval, a detailed plan,
381 which includes:
382 (A) A timeline that specifies the dates by which the
383 construction of any improvements must commence, each stage of
384 construction must be completed, and mandatory upgrades of onsite
385 sewage treatment disposal systems within the plan area must be
386 implemented or any ordinances that must be adopted to implement
387 the plan;
388 (B) A detailed planning and design report setting forth the
389 plan for construction of improvements to and implementation of
390 onsite sewage treatment and disposal system upgrades;
391 (C) A certification that the local government, in agreement
392 with the owner or operator, has approved the method of
393 remediation and method of financing or funding construction and
394 operation.
395 (II) The department may amend the plan and shall approve a
396 final plan. The department shall provide technical support upon
397 request by a local government. Upon a showing of good cause, the
398 department may grant an extension of time to reach compliance
399 with the schedule.
400 (III) If the deadlines in sub-sub-sub-subparagraph (I)(A)
401 are not satisfied, the local government may not participate in
402 the wastewater grant program established under s. 403.0673 until
403 the actions in the remediation plan have been completed. In
404 addition, the department shall, unless good cause is shown,
405 assess penalties pursuant to ss. 403.121, 403.141, and 403.161
406 until the actions in the remediation plan have been completed.
407 The department may reduce penalties based on expenditures
408 designed to achieve compliance with the remediation plan.
409 c. In developing and adopting the plan, the department
410 shall:
411 (I) Collect and evaluate credible scientific information on
412 the effect of nutrients on surface waters and groundwater;
413 (II) Work with local stakeholders to develop a public
414 education plan to provide area residents with reliable,
415 understandable information about onsite sewage treatment and
416 disposal systems and surface and groundwater pollution;
417 (III) In addition to sub-subparagraph 2.b., the department
418 may include in the plan, if appropriate, options for system
419 repair, upgrade, or replacement; drainfield modification; the
420 addition of effective nutrient-reducing features; or other
421 actions addressing onsite sewage treatment and disposal system
422 issues. The department shall include in the plan a priority
423 ranking for each onsite system, or group of systems, that
424 requires remediation. The priority ranking shall be used to
425 ensure the most effective, efficient use of the funding provided
426 for onsite system remediation. In awarding any such funds, the
427 department may consider expected nutrient reduction benefit per
428 unit cost, the size and scope of the project, local financial
429 contribution to the project relative to the overall cost, and the
430 financial impact on property owners and the community. For the
431 purpose of awarding funds, the department may, at its discretion,
432 totally or partially waive this consideration of the local
433 contribution for proposed projects within an area designated as a
434 rural area of opportunity under s. 288.0656; and
435 (IV) The installation, repair, modification, or upgrade of
436 onsite sewage treatment and disposal systems within the
437 boundaries of a basin management action plan with an onsite
438 sewage treatment and disposal system remediation plan must
439 conform to the requirements of the remediation plan.
440 (g) Alternative restoration plan.—
441 1. As part of its alternative restoration plan for a water
442 body, the local stakeholders proposing the plan must consider:
443 a. The implementation of agricultural best management
444 practices or monitoring for nonpoint sources of pollution in
445 accordance with paragraph (c);
446 b. The implementation of an onsite sewage treatment and
447 disposal system remediation plan where such remediation is
448 necessary to restore the water body in accordance with paragraph
449 (e); and
450 c. The adoption of advanced waste treatment levels or
451 higher water quality effluent standards for wastewater treatment
452 plants.
453 2. In addition, the restoration plan must include any other
454 pollution control mechanisms that are being implemented to
455 demonstrate a reasonable assurance that existing or proposed
456 pollution control mechanisms or programs will effectively
457 address the impairment. Upon adoption of such a restoration
458 plan, the requirement that best management practices or
459 monitoring be conducted within the watershed impacting the water
460 body is enforceable pursuant to this section and ss. 403.121,
461 403.141, and 403.161.
462 Section 8. Section 403.0673, Florida Statutes, is created
463 to read:
464 403.0673 Wastewater grant program.—A wastewater grant
465 program is established within the Department of Environmental
466 Protection.
467 (1) Subject to appropriation, the department may provide
468 grants for projects that will individually or collectively
469 reduce excess nutrient pollution within a basin management
470 action plan or an alternative restoration plan adopted by final
471 order for all of the following:
472 (a) Projects to retrofit onsite sewage treatment and
473 disposal systems.
474 (b) Projects to construct, upgrade, or expand facilities to
475 provide advanced waste treatment, as defined in ss. 403.086(4).
476 (c) Projects to connect onsite sewage treatment and
477 disposal systems to central sewer facilities.
478 (2) In allocating such funds, priority must be given for
479 projects that subsidize the connection of onsite sewage
480 treatment and disposal systems to a wastewater treatment plant
481 or that subsidize inspections and assessments of onsite sewage
482 treatment and disposal systems. In determining priorities, the
483 department shall consider the estimated reduction in nutrient
484 load per project; project readiness; cost effectiveness of the
485 project; overall environmental benefit of a project; the
486 location of a project within the plan area; the availability of
487 local matching funds; and projected water savings or quantity
488 improvements associated with a project.
489 (3) Each grant for a project described in subsection (1)
490 must require a minimum of a 50 percent local match of funds.
491 However, the department may, at its discretion, waive, in whole
492 or in part, this consideration of the local contribution for
493 proposed projects within an area designated as a rural area of
494 opportunity under s. 288.0656.
495 (4) The department shall coordinate with each water
496 management district, as necessary, to identify grant recipients
497 in each district.
498 (5) Beginning January 1, 2020, and each January 1
499 thereafter, the department shall submit a report regarding the
500 projects funded pursuant to this section to the Governor, the
501 President of the Senate, and the Speaker of the House of
502 Representatives.
503 Section 9. Section 403.0771, Florida Statutes, is created
504 to read:
505 403.0771 Sewage spill notification; moratorium.—
506 (1) In addition to the public notification requirements of
507 s. 403.077, a wastewater treatment facility that unlawfully
508 discharges raw or partially treated sewage into any waterway or
509 aquifer must, within 24 hours after discovering the discharge,
510 notify its customers that the discharge has occurred.
511 (2) If a wastewater treatment facility owned by a local
512 government unlawfully discharges raw or partially treated sewage
513 into any waterway or aquifer, the local government may not
514 participate in the wastewater grant program established under s.
515 403.0673 until any required maintenance, repair, or improvement
516 has been implemented to reduce or eliminate sanitary sewage
517 overflows, as determined by the department. In addition, the
518 department shall assess a daily penalty pursuant to ss. 403.121,
519 403.141, and 403.161 against a public or private wastewater
520 facility that unlawfully discharges raw or partially treated
521 sewage into any waterway or aquifer until the required
522 maintenance, repair, or improvement has been implemented. The
523 department may reduce a penalty based on the wastewater
524 treatment facility’s investment in assessment and maintenance
525 activities to identify and address conditions that may cause
526 sanitary sewage overflows.
527 (3) The department shall maintain a publicly accessible
528 website that includes any current consent orders applicable to a
529 wastewater treatment facility entered into as a result of
530 sanitary sewer overflows, as well as any reports filed by the
531 facility in accordance with open consent orders.
532 Section 10. Effective July 1, 2024, paragraph (c) of
533 subsection (1) of section 403.086, Florida Statutes, is amended
534 to read:
535 403.086 Sewage disposal facilities; advanced and secondary
536 waste treatment.—
537 (1)
538 (c) Notwithstanding any other provisions of this chapter or
539 chapter 373, facilities for sanitary sewage disposal may not
540 dispose of any wastes into Old Tampa Bay, Tampa Bay,
541 Hillsborough Bay, Boca Ciega Bay, St. Joseph Sound, Clearwater
542 Bay, Sarasota Bay, Little Sarasota Bay, Roberts Bay, Lemon Bay,
543 or Charlotte Harbor Bay, Indian River Lagoon, or into any river,
544 stream, channel, canal, bay, bayou, sound, or other water
545 tributary thereto, without providing advanced waste treatment,
546 as defined in subsection (4), approved by the department. This
547 paragraph shall not apply to facilities which were permitted by
548 February 1, 1987, and which discharge secondary treated
549 effluent, followed by water hyacinth treatment, to tributaries
550 of tributaries of the named waters; or to facilities permitted
551 to discharge to the nontidally influenced portions of the Peace
552 River.
553 Section 11. Present subsection (4) of section 403.9337,
554 Florida Statutes, is redesignated as subsection (5), and a new
555 subsection (4) is added to that section, to read:
556 403.9337 Model Ordinance for Florida-Friendly Fertilizer
557 Use on Urban Landscapes.—
558 (4) A local government that fails to adopt, enact, and
559 implement an ordinance required by subsection (2) by January 1,
560 2020, is subject to a daily fine as provided in ss. 403.121,
561 403.141, and 403.161 and may not participate in the wastewater
562 grant program established under s. 403.0673 until the ordinance
563 has been adopted,
564
565 ================= T I T L E A M E N D M E N T ================
566 And the title is amended as follows:
567 Delete lines 13 - 68
568 and insert:
569 prohibiting a local government from participating in
570 the wastewater grant program under certain
571 circumstances; providing penalties; requiring certain
572 agricultural operations that fail to adopt a basin
573 management action plan or alternative restoration plan
574 within a specified timeframe to sign a notice of
575 intent to implement certain practices, measures, or
576 monitoring; amending s. 373.811, F.S.; conforming a
577 cross-reference; amending s. 403.031, F.S.; defining
578 terms; creating s. 403.0616, F.S.; requiring the
579 department, subject to appropriation, to establish a
580 real-time water quality monitoring program;
581 encouraging the formation of public-private
582 partnerships; amending s. 403.067, F.S.; requiring
583 certain agricultural operations that fail to adopt a
584 basin management action plan or alternative
585 restoration plan within a specified timeframe to sign
586 a notice of intent to implement certain practices,
587 measures, or monitoring; revising requirements for a
588 basin management action plan; requiring each local
589 government to develop a wastewater treatment plan that
590 meets certain requirements; prohibiting a local
591 government that does not meet certain requirements
592 relating to wastewater treatment plant project plans
593 or onsite sewage treatment and disposal system
594 remediation plans from participating in the wastewater
595 grant program within a specified timeframe; providing
596 penalties; defining the term “onsite sewage treatment
597 and disposal system”; requiring a local government, in
598 cooperation with specified entities, to develop an
599 onsite sewage treatment and disposal system
600 remediation plan as part of the basin management
601 action plan under certain circumstances; providing
602 requirements for such plan; providing requirements for
603 a restoration plan for certain water bodies; creating
604 s. 403.0673, F.S.; establishing a wastewater grant
605 program within the Department of Environmental
606 Protection; authorizing the department to distribute
607 appropriated funds for certain projects; providing
608 requirements for the distribution; requiring the
609 department to coordinate with each water management
610 district to identify grant recipients; requiring an
611 annual report to the Governor and the Legislature by a
612 specified date; creating s. 403.0771, F.S.; requiring
613 a wastewater treatment plant to notify customers of
614 unlawful discharges of raw or partially treated sewage
615 into any waterway or aquifer within a specified
616 timeframe; prohibiting a local government that owns
617 such a plant from participating in the wastewater
618 grant program within a specified timeframe; providing
619 penalties;