Florida Senate - 2019                                    SB 1758
       
       
        
       By Senator Mayfield
       
       
       
       
       
       17-01347-19                                           20191758__
    1                        A bill to be entitled                      
    2         An act relating to water quality improvements;
    3         providing a short title; transferring the onsite
    4         sewage program of the Department of Health to the
    5         Department of Environmental Protection by a type two
    6         transfer; amending s. 373.807, F.S.; revising the
    7         requirements for a basin management action plan for an
    8         Outstanding Florida Spring; prohibiting a local
    9         government from approving building permits within the
   10         plan area under certain circumstances; providing
   11         penalties; requiring the Department of Environmental
   12         Protection, in consultation with the Department of
   13         Agriculture and Consumer Services, to develop an
   14         agricultural remediation plan as part of each basin
   15         management action plan under certain circumstances;
   16         requiring such plans to be adopted by a specified
   17         date; creating s. 381.00661, F.S.; establishing a
   18         wastewater grant program within the Department of
   19         Environmental Protection; authorizing the department
   20         to distribute appropriated funds for certain projects;
   21         providing requirements for the distribution; requiring
   22         the department to coordinate with each water
   23         management district to identify grant recipients;
   24         requiring an annual report to the Governor and the
   25         Legislature by a specified date; amending s. 403.067,
   26         F.S.; revising requirements for a basin management
   27         action plan; requiring estimated nutrient load
   28         reductions in such plans to exceed a specified amount;
   29         requiring each local government to develop a
   30         wastewater treatment plan that meets certain
   31         requirements; prohibiting a local government that does
   32         not meet certain requirements relating to wastewater
   33         treatment plant project plans or onsite sewage
   34         treatment and disposal system remediation plans from
   35         approving any building permits within a specified
   36         timeframe; prohibiting the department from approving
   37         any onsite sewage treatment and disposal system within
   38         such an area for a specified timeframe; providing
   39         penalties; defining the term “onsite sewage treatment
   40         and disposal system”; requiring a local government to
   41         create an onsite sewage treatment and disposal system
   42         remediation plan as part of the basin management
   43         action plan under certain circumstances; providing
   44         requirements for such plan; providing requirements for
   45         a restoration plan for certain water bodies; creating
   46         s. 403.0771, F.S.; requiring a wastewater treatment
   47         plant to notify customers of unlawful discharges of
   48         raw or partially treated sewage into any waterway or
   49         aquifer within a specified timeframe; prohibiting a
   50         local government that owns such a plant from approving
   51         any building permits within a specified timeframe;
   52         prohibiting the department from approving any onsite
   53         sewage treatment and disposal system within such an
   54         area for a specified timeframe; providing penalties;
   55         amending s. 403.086, F.S.; prohibiting facilities for
   56         sanitary sewage disposal from disposing of any waste
   57         in the Indian River Lagoon without first providing
   58         advanced waste treatment; amending s. 403.9337, F.S.;
   59         providing penalties for a local government that fails
   60         to adopt, enact, and implement a specified ordinance;
   61         requiring the department to revise the basin
   62         management action plan for Indian River Lagoon and
   63         other specified basin management action plans by a
   64         specified date; authorizing the department to grant an
   65         extension to a local government upon a showing of good
   66         cause; amending ss. 153.54, 153.73, 163.3180, 373.811,
   67         381.006, 381.0061, 381.0064, 381.0065, 381.00651, and
   68         381.0068, F.S.; conforming provisions and cross
   69         references to changes made by the act; providing
   70         effective dates.
   71          
   72  Be It Enacted by the Legislature of the State of Florida:
   73  
   74         Section 1. This act may be cited as the “Clean Waterways
   75  Act.”
   76         Section 2. All powers, duties, functions, records, offices,
   77  personnel, associated administrative support positions,
   78  property, pending issues, existing contracts, administrative
   79  authority, administrative rules, and unexpended balances of
   80  appropriations, allocations, and other funds for the regulation
   81  of onsite sewage treatment and disposal systems and relating to
   82  the onsite sewage program of the Department of Health are
   83  transferred by a type two transfer, as defined in s. 20.06(2),
   84  Florida Statutes, to the Department of Environmental Protection.
   85         Section 3. Section 373.807, Florida Statutes, is amended to
   86  read:
   87         373.807 Protection of water quality in Outstanding Florida
   88  Springs.—By July 1, 2016, the department shall initiate
   89  assessment, pursuant to s. 403.067(3), of Outstanding Florida
   90  Springs or spring systems for which an impairment determination
   91  has not been made under the numeric nutrient standards in effect
   92  for spring vents. Assessments must be completed by July 1, 2018.
   93         (1)(a) Concurrent with the adoption of a nutrient total
   94  maximum daily load for an Outstanding Florida Spring, the
   95  department, or the department in conjunction with a water
   96  management district, shall initiate development of a basin
   97  management action plan, as specified in s. 403.067. For an
   98  Outstanding Florida Spring with a nutrient total maximum daily
   99  load adopted before July 1, 2016, the department, or the
  100  department in conjunction with a water management district,
  101  shall initiate development of a basin management action plan by
  102  July 1, 2016. During the development of a basin management
  103  action plan, if the department identifies onsite sewage
  104  treatment and disposal systems as contributors of at least 20
  105  percent of nonpoint source nutrient nitrogen pollution or if the
  106  department determines remediation is necessary to achieve the
  107  total maximum daily load, the basin management action plan shall
  108  include an onsite sewage treatment and disposal system
  109  remediation plan pursuant to s. 403.067(7)(e) subsection (3) for
  110  those systems identified as requiring remediation.
  111         (b) A basin management action plan for an Outstanding
  112  Florida Spring shall be adopted within 2 years after its
  113  initiation and must include, at a minimum:
  114         1. A list of all specific projects and programs identified
  115  to implement a nutrient total maximum daily load;
  116         2. A list of all specific projects identified in any
  117  incorporated onsite sewage treatment and disposal system
  118  remediation plan, if applicable;
  119         3. A priority rank for each listed project. The priority
  120  ranking shall be based on the estimated reduction in nutrient
  121  load per project, project readiness, cost effectiveness, overall
  122  environmental benefit, location within the plan area, local
  123  matching funds, and water savings or quantity improvements;
  124         4. For each listed project, a planning level cost estimate,
  125  and the estimated date of completion, and a plan submitted by
  126  each local government within the plan area and approved by the
  127  department for each wastewater treatment plant project as
  128  specified in s. 403.067(7)(d) and onsite sewage treatment and
  129  disposal system remediation plan as specified in s.
  130  403.067(7)(e). Each plan must include deadlines and is subject
  131  to penalties required under s. 403.067;
  132         5. The source and amount of financial assistance to be made
  133  available by the department, a water management district, or
  134  other entity for each listed project;
  135         6. An estimate of each listed project’s nutrient load
  136  reduction;
  137         7. Identification of each point source or category of
  138  nonpoint sources, including, but not limited to, urban turf
  139  fertilizer, sports turf fertilizer, agricultural fertilizer,
  140  onsite sewage treatment and disposal systems, wastewater
  141  treatment plants facilities, animal wastes, and stormwater
  142  facilities. An estimated allocation of the pollutant load must
  143  be provided for each point source or category of nonpoint
  144  sources; and
  145         8. An implementation plan designed with a target to achieve
  146  the nutrient total maximum daily load no more than 20 years
  147  after the adoption of a basin management action plan.
  148  
  149  The estimated nutrient load reductions in each basin management
  150  action plan developed pursuant to this paragraph must exceed the
  151  total amount of nutrient load reductions needed to meet the
  152  total maximum daily load required under the plan. The department
  153  shall develop a schedule establishing 5-year, 10-year, and 15
  154  year targets for achieving the nutrient total maximum daily
  155  load. The schedule shall be used to provide guidance for
  156  planning and funding purposes and is exempt from chapter 120.
  157         (c) For a basin management action plan adopted before July
  158  1, 2016, which addresses an Outstanding Florida Spring, the
  159  department or the department in conjunction with a water
  160  management district must revise the plan if necessary to comply
  161  with this section by July 1, 2018.
  162         (d) A local government may apply to the department for a
  163  single extension of up to 5 years for any project in an adopted
  164  basin management action plan. A local government in a rural area
  165  of opportunity, as defined in s. 288.0656, may apply for a
  166  single extension of up to 10 years for such a project. The
  167  department may grant the extension if the local government
  168  provides to the department sufficient evidence that an extension
  169  is in the best interest of the public.
  170         (2) By July 1, 2020 2017, each local government, as defined
  171  in s. 373.802(2), that has not adopted an ordinance pursuant to
  172  s. 403.9337, shall develop, enact, and implement an ordinance
  173  pursuant to that section. It is the intent of the Legislature
  174  that ordinances required to be adopted under this subsection
  175  reflect the latest scientific information, advancements, and
  176  technological improvements in the industry. A local government
  177  that fails to adopt, enact, and implement this ordinance is
  178  subject to a daily fine as provided in ss. 403.121, 403.141, and
  179  403.161 and may not approve any building permits within the plan
  180  area until such time as the ordinance has been adopted, enacted,
  181  and implemented.
  182         (3)As part of each basin management action plan that
  183  includes an Outstanding Florida Spring, the department, in
  184  coordination with the Department of Agriculture and Consumer
  185  Services, shall develop an agricultural remediation plan if the
  186  department determines that agricultural nonpoint sources,
  187  including, but not limited to, fertilizer and animal wastes,
  188  contribute at least 20 percent of nonpoint source nutrient
  189  pollution. The plan must identify cost-effective and financially
  190  feasible projects, including, if applicable, advanced best
  191  management practices and land acquisition projects, including
  192  conservation easements, to reduce the nutrient impacts from
  193  agricultural operations. The department is the lead agency in
  194  coordinating the preparation of and the adoption of the plan.
  195  The Department of Agriculture and Consumer Services is the lead
  196  agency in developing and adopting advanced best management
  197  practices capable of achieving the total maximum daily load and
  198  shall develop and adopt such practices for incorporation into
  199  the plan. The plan must be adopted as part of the basin
  200  management action plan by July 1, 2021.
  201         (3)As part of a basin management action plan that includes
  202  an Outstanding Florida Spring, the department, the Department of
  203  Health, relevant local governments, and relevant local public
  204  and private wastewater utilities shall develop an onsite sewage
  205  treatment and disposal system remediation plan for a spring if
  206  the department determines onsite sewage treatment and disposal
  207  systems within a priority focus area contribute at least 20
  208  percent of nonpoint source nitrogen pollution or if the
  209  department determines remediation is necessary to achieve the
  210  total maximum daily load. The plan shall identify cost-effective
  211  and financially feasible projects necessary to reduce the
  212  nutrient impacts from onsite sewage treatment and disposal
  213  systems and shall be completed and adopted as part of the basin
  214  management action plan no later than the first 5-year milestone
  215  required by subparagraph (1)(b)8. The department is the lead
  216  agency in coordinating the preparation of and the adoption of
  217  the plan. The department shall:
  218         (a)Collect and evaluate credible scientific information on
  219  the effect of nutrients, particularly forms of nitrogen, on
  220  springs and springs systems; and
  221         (b)Develop a public education plan to provide area
  222  residents with reliable, understandable information about onsite
  223  sewage treatment and disposal systems and springs.
  224  
  225  In addition to the requirements in s. 403.067, the plan shall
  226  include options for repair, upgrade, replacement, drainfield
  227  modification, addition of effective nitrogen reducing features,
  228  connection to a central sewerage system, or other action for an
  229  onsite sewage treatment and disposal system or group of systems
  230  within a priority focus area that contribute at least 20 percent
  231  of nonpoint source nitrogen pollution or if the department
  232  determines remediation is necessary to achieve a total maximum
  233  daily load. For these systems, the department shall include in
  234  the plan a priority ranking for each system or group of systems
  235  that requires remediation and shall award funds to implement the
  236  remediation projects contingent on an appropriation in the
  237  General Appropriations Act, which may include all or part of the
  238  costs necessary for repair, upgrade, replacement, drainfield
  239  modification, addition of effective nitrogen reducing features,
  240  initial connection to a central sewerage system, or other
  241  action. In awarding funds, the department may consider expected
  242  nutrient reduction benefit per unit cost, size and scope of
  243  project, relative local financial contribution to the project,
  244  and the financial impact on property owners and the community.
  245  The department may waive matching funding requirements for
  246  proposed projects within an area designated as a rural area of
  247  opportunity under s. 288.0656.
  248         (4) The department shall provide notice to a local
  249  government of all permit applicants under s. 403.814(12) in a
  250  priority focus area of an Outstanding Florida Spring over which
  251  the local government has full or partial jurisdiction.
  252         Section 4. Section 381.00661, Florida Statutes, is created
  253  to read:
  254         381.00661 Wastewater grant program.—A wastewater grant
  255  program is established within the Department of Environmental
  256  Protection.
  257         (1)Subject to appropriation, the department may provide
  258  grants for projects that will individually or collectively
  259  reduce excess nutrient pollution for projects within a basin
  260  management action plan or an alternative restoration plan
  261  adopted by final order for all of the following:
  262         (a)Projects to retrofit onsite sewage treatment and
  263  disposal systems.
  264         (b)Projects to construct, upgrade, or expand facilities to
  265  provide advanced waste treatment, as defined in ss. 403.086(4).
  266         (c)Projects to connect onsite sewage treatment and
  267  disposal systems to central sewer facilities.
  268         (2)In making an allocation of such funds, priority shall
  269  be given for projects that subsidize the connection of onsite
  270  sewage treatment and disposal systems to a wastewater treatment
  271  plant or that subsidize inspections and assessments of onsite
  272  sewage treatment and disposal systems.
  273         (3)Each grant for a project described in subsection (1)
  274  must require a minimum of 50 percent local matching funds.
  275  However, the department may, at its discretion, totally or
  276  partially waive this consideration of the local contribution for
  277  proposed projects within an area designated as a rural area of
  278  opportunity under s. 288.0656.
  279         (4)The department shall coordinate with each water
  280  management district, as necessary, to identify grant recipients
  281  in each district.
  282         (5)Beginning January 1, 2020, and each January 1
  283  thereafter, the department shall submit a report regarding the
  284  projects funded pursuant to this section to the Governor, the
  285  President of the Senate, and the Speaker of the House of
  286  Representatives.
  287         Section 5. Present paragraph (d) of subsection (7) of
  288  section 403.067, Florida Statutes, is redesignated as paragraph
  289  (f), a new paragraph (d) and paragraphs (e) and (g) are added to
  290  that subsection, and paragraph (a) of that subsection is
  291  amended, to read:
  292         403.067 Establishment and implementation of total maximum
  293  daily loads.—
  294         (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
  295  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
  296         (a) Basin management action plans.—
  297         1. In developing and implementing the total maximum daily
  298  load for a water body, the department, or the department in
  299  conjunction with a water management district, may develop a
  300  basin management action plan that addresses some or all of the
  301  watersheds and basins tributary to the water body. Such plan
  302  must integrate the appropriate management strategies available
  303  to the state through existing water quality protection programs
  304  to achieve the total maximum daily loads and may provide for
  305  phased implementation of these management strategies to promote
  306  timely, cost-effective actions as provided for in s. 403.151.
  307  The plan must establish a schedule implementing the management
  308  strategies, provide detailed information for improvement
  309  projects including descriptions and timelines for completion,
  310  establish a basis for evaluating the plan’s effectiveness, and
  311  identify feasible funding strategies for implementing the plan’s
  312  management strategies. The management strategies may include
  313  regional treatment systems or other public works, where
  314  appropriate, and voluntary trading of water quality credits to
  315  achieve the needed pollutant load reductions.
  316         2. A basin management action plan must equitably allocate,
  317  pursuant to paragraph (6)(b), pollutant reductions to individual
  318  basins, as a whole to all basins, or to each identified point
  319  source or category of nonpoint sources, as appropriate. For
  320  nonpoint sources for which best management practices have been
  321  adopted, the initial requirement specified by the plan must be
  322  those practices developed pursuant to paragraph (c). Where
  323  appropriate, the plan may take into account the benefits of
  324  pollutant load reduction achieved by point or nonpoint sources
  325  that have implemented management strategies to reduce pollutant
  326  loads, including best management practices, before the
  327  development of the basin management action plan. The plan must
  328  also identify the mechanisms that will address potential future
  329  increases in pollutant loading.
  330         3. The basin management action planning process is intended
  331  to involve the broadest possible range of interested parties,
  332  with the objective of encouraging the greatest amount of
  333  cooperation and consensus possible. In developing a basin
  334  management action plan, the department shall assure that key
  335  stakeholders, including, but not limited to, applicable local
  336  governments, water management districts, the Department of
  337  Agriculture and Consumer Services, other appropriate state
  338  agencies, local soil and water conservation districts,
  339  environmental groups, regulated interests, and affected
  340  pollution sources, are invited to participate in the process.
  341  The department shall hold at least one public meeting in the
  342  vicinity of the watershed or basin to discuss and receive
  343  comments during the planning process and shall otherwise
  344  encourage public participation to the greatest practicable
  345  extent. Notice of the public meeting must be published in a
  346  newspaper of general circulation in each county in which the
  347  watershed or basin lies not less than 5 days nor more than 15
  348  days before the public meeting. A basin management action plan
  349  does not supplant or otherwise alter any assessment made under
  350  subsection (3) or subsection (4) or any calculation or initial
  351  allocation.
  352         4. Each new or revised basin management action plan shall
  353  include:
  354         a. The appropriate management strategies available through
  355  existing water quality protection programs to achieve total
  356  maximum daily loads, which may provide for phased implementation
  357  to promote timely, cost-effective actions as provided for in s.
  358  403.151;
  359         b. A description of best management practices adopted by
  360  rule;
  361         c. A list of projects in priority ranking with a planning
  362  level cost estimate and estimated date of completion for each
  363  listed project. The priority ranking shall be based on the
  364  estimated reduction in nutrient load per project, project
  365  readiness, cost effectiveness, overall environmental benefit,
  366  location within the plan area, local matching funds, and water
  367  savings or quantity improvements;
  368         d. The source and amount of financial assistance to be made
  369  available by the department, a water management district, or
  370  other entity for each listed project, if applicable; and
  371         e. A planning-level estimate of each listed project’s
  372  expected nutrient load reduction, if applicable; and
  373         f.Identification of each point source or category of
  374  nonpoint sources, including, but not limited to, urban turf
  375  fertilizer, sports turf fertilizer, agricultural fertilizer,
  376  onsite sewage treatment and disposal systems, wastewater
  377  treatment plants, animal wastes, and stormwater facilities. An
  378  estimated allocation of the pollutant load must be provided for
  379  each point source or category of nonpoint sources.
  380  
  381  The estimated nutrient load reductions in each basin management
  382  action plan developed pursuant to this subparagraph must exceed
  383  the total amount of nutrient load reductions needed to meet the
  384  total maximum daily load required under the plan.
  385         5. The department shall adopt all or any part of a basin
  386  management action plan and any amendment to such plan by
  387  secretarial order pursuant to chapter 120 to implement the
  388  provisions of this section.
  389         6. The basin management action plan must include milestones
  390  for implementation and water quality improvement, and an
  391  associated water quality monitoring component sufficient to
  392  evaluate whether reasonable progress in pollutant load
  393  reductions is being achieved over time. An assessment of
  394  progress toward these milestones shall be conducted every 5
  395  years, and revisions to the plan shall be made as appropriate.
  396  Revisions to the basin management action plan shall be made by
  397  the department in cooperation with basin stakeholders. Revisions
  398  to the management strategies required for nonpoint sources must
  399  follow the procedures set forth in subparagraph (c)4. Revised
  400  basin management action plans must be adopted pursuant to
  401  subparagraph 5.
  402         7. In accordance with procedures adopted by rule under
  403  paragraph (9)(c), basin management action plans, and other
  404  pollution control programs under local, state, or federal
  405  authority as provided in subsection (4), may allow point or
  406  nonpoint sources that will achieve greater pollutant reductions
  407  than required by an adopted total maximum daily load or
  408  wasteload allocation to generate, register, and trade water
  409  quality credits for the excess reductions to enable other
  410  sources to achieve their allocation; however, the generation of
  411  water quality credits does not remove the obligation of a source
  412  or activity to meet applicable technology requirements or
  413  adopted best management practices. Such plans must allow trading
  414  between NPDES permittees, and trading that may or may not
  415  involve NPDES permittees, where the generation or use of the
  416  credits involve an entity or activity not subject to department
  417  water discharge permits whose owner voluntarily elects to obtain
  418  department authorization for the generation and sale of credits.
  419         8. The provisions of the department’s rule relating to the
  420  equitable abatement of pollutants into surface waters do not
  421  apply to water bodies or water body segments for which a basin
  422  management plan that takes into account future new or expanded
  423  activities or discharges has been adopted under this section.
  424         (d)Wastewater treatment plan.—
  425         1.As part of a basin management action plan, each local
  426  government, in cooperation with the department and relevant
  427  local public and private wastewater utilities, shall develop a
  428  plan to implement improvements that provide, at a minimum,
  429  advanced waste treatment, as defined in s. 403.086(4). The plan
  430  must provide for construction, expansion, or upgrades necessary
  431  to achieve a total maximum daily load, consistent with an onsite
  432  sewage treatment and disposal system remediation plan under
  433  paragraph (e).
  434         2.Each owner or operator of an existing wastewater
  435  treatment plant shall provide certain information for each plant
  436  that has a plan to implement upgrades that meet or exceed
  437  advanced waste treatment, as defined in s. 403.086(4). This
  438  information must include the following as it relates to existing
  439  conditions and estimated conditions after upgrades are
  440  implemented:
  441         a.The permitted capacity of the plant, in gallons per day;
  442         b.The average nutrient concentration; and
  443         c.The estimated average nutrient load.
  444         3.a.The local government shall submit to the department
  445  for approval a detailed plan, which includes:
  446         (I)The timeline of dates required for the commencement of
  447  construction of any improvements, completion of each stage of
  448  construction, and the commencement of operations;
  449         (II)A detailed planning and design report setting forth
  450  the plan for construction of improvements and operations; and
  451         (III)A certification that the local government, in
  452  agreement with the owner or operator, has approved the method of
  453  implementing upgrades and method of financing or funding
  454  construction and operation.
  455         b.The department may amend the plan and shall approve a
  456  final plan. The department shall provide technical support upon
  457  request by a local government. An existing wastewater treatment
  458  plant must also incorporate the plan into its next NPDES permit
  459  renewal.
  460         c.Each new wastewater treatment plant located within the
  461  plan area shall comply with the requirements and approved dates
  462  in the basin management action plan. Each existing wastewater
  463  treatment plant located within the plan area shall comply with
  464  the requirements and approved dates in the basin management
  465  action plan no later than the next 5-year renewal date of the
  466  NPDES permit. Upon a showing of good cause, the department may
  467  grant an extension of time to the local government to reach
  468  compliance with the schedule.
  469         d.If the deadlines for the initiation of construction of
  470  improvements, completion of construction, and commencement of
  471  operations which were approved pursuant to this subparagraph are
  472  not satisfied, each local government with a wastewater treatment
  473  plant that does not meet the requirements in this subparagraph
  474  may not approve any building permits within the plan area, and
  475  the department may not approve any onsite sewage treatment and
  476  disposal systems in the plan area where the wastewater treatment
  477  plant is located until such time as the plant is brought into
  478  compliance. In addition, the department shall, unless good cause
  479  is shown, assess penalties pursuant to ss. 403.121, 403.141, and
  480  403.161 until such time as the plant is brought into compliance.
  481  The department may reduce penalties based on expenditures for
  482  improvements and upgrades to the wastewater treatment plant.
  483         (e) Onsite sewage treatment and disposal systems.—
  484         1.For purposes of this paragraph, the term onsite sewage
  485  treatment and disposal system” has the same meaning as in s.
  486  381.0065.
  487         2.a.As part of a basin management action plan, each local
  488  government, in cooperation with the department and relevant
  489  local public and private wastewater utilities, shall develop an
  490  onsite sewage treatment and disposal system remediation plan if
  491  the department identifies onsite sewage treatment and disposal
  492  systems as contributors of at least 20 percent of nonpoint
  493  source nutrient pollution or if the department determines that
  494  remediation is necessary to achieve a total maximum daily load.
  495  In order to promote cost-effective remediation, the department
  496  may identify one or more priority focus areas. The department
  497  shall identify these areas by considering soil conditions;
  498  groundwater or surface water travel time; proximity to surface
  499  waters, including predominantly marine waters as defined by
  500  department rule; hydrogeology; onsite system density; nutrient
  501  load; and other factors that may lead to water quality
  502  degradation. The remediation plan must identify cost-effective
  503  and financially feasible projects necessary to reduce the
  504  nutrient impacts from onsite sewage treatment and disposal
  505  systems. The plan shall be completed and adopted as part of the
  506  basin management action plan no later than the first 5-year
  507  milestone assessment identified in subparagraph (a)6. or as
  508  required in s. 373.807(1)(b)8., for Outstanding Florida Springs.
  509  The department is responsible for timely approval and adoption
  510  of the plan. For basin management action plans not governed by
  511  part VIII of chapter 373, a priority focus area means the area
  512  or areas of a basin where the groundwater is generally most
  513  vulnerable to pollutant inputs where there is a known
  514  connectivity between groundwater pathways and an impaired water
  515  body, as determined by the department in consultation with the
  516  appropriate water management districts and delineated in a basin
  517  management action plan.
  518         b.(I)Each local government within the plan area, or the
  519  local government’s designee, shall prepare a plan, by the first
  520  5-year milestone assessment required under subparagraph (a)6.,
  521  or as required in s. 373.807(1)(b)8. for Outstanding Florida
  522  Springs, for its jurisdiction that provides for either
  523  connecting each onsite sewage treatment and disposal system to a
  524  central wastewater treatment plant or replacing the current
  525  system with a new system where the discharge meets current water
  526  quality standards and which has a discharge monitoring system.
  527  The local government shall submit to the department for
  528  approval, a detailed plan, which includes:
  529         (A)The timeline of dates required for the commencement of
  530  construction of any improvements, completion of each stage of
  531  construction, and the commencement of operations;
  532         (B)A detailed planning and design report setting forth the
  533  plan for construction of improvements and operations;
  534         (C)A certification that the local government, in agreement
  535  with the owner or operator, has approved the method of
  536  remediation and method of financing or funding construction and
  537  operation.
  538         (II)The department may amend the plan and shall approve a
  539  final plan. The department shall provide technical support upon
  540  request by a local government. Upon a showing of good cause, the
  541  department may grant an extension of time to reach compliance
  542  with the schedule.
  543         (III)If the deadlines for the initiation of construction
  544  of improvements, completion of construction, and commencement of
  545  operations that were approved pursuant to this subsection are
  546  not satisfied, the local government may not approve any building
  547  permits within the plan area, and the department may not approve
  548  any onsite sewage treatment and disposal system within the plan
  549  area until the actions in the remediation plan have been
  550  completed. In addition, the department shall, unless good cause
  551  is shown, assess penalties pursuant to ss. 403.121, 403.141, and
  552  403.161 until the actions in the remediation plan have been
  553  completed. The department may reduce penalties based on
  554  expenditures designed to achieve compliance with the remediation
  555  plan.
  556         c.In developing and adopting the plan, the department
  557  shall:
  558         (I)Collect and evaluate credible scientific information on
  559  the effect of nutrients on surface waters and groundwater;
  560         (II)Work with local stakeholders to develop a public
  561  education plan to provide area residents with reliable,
  562  understandable information about onsite sewage treatment and
  563  disposal systems and surface and groundwater pollution;
  564         (III)In addition to sub-subparagraph 2.b., the department
  565  may include in the plan, if appropriate, options for system
  566  repair, upgrade, or replacement; drainfield modification; the
  567  addition of effective nutrient-reducing features; or other
  568  actions addressing onsite sewage treatment and disposal system
  569  issues. The department shall include in the plan a priority
  570  ranking for each onsite system, or group of systems, that
  571  requires remediation. The priority ranking shall be used to
  572  ensure the most effective, efficient use of the funding provided
  573  for onsite system remediation. In awarding any such funds, the
  574  department may consider expected nutrient reduction benefit per
  575  unit cost, the size and scope of the project, local financial
  576  contribution to the project relative to the overall cost, and the
  577  financial impact on property owners and the community. For the
  578  purpose of awarding funds, the department may, at its discretion,
  579  totally or partially waive this consideration of the local
  580  contribution for proposed projects within an area designated as a
  581  rural area of opportunity under s. 288.0656; and
  582         (IV)The installation, repair, modification, or upgrade of
  583  onsite sewage treatment and disposal systems on lots of 1 acre or
  584  less and within the boundaries of a basin management action plan
  585  with an onsite sewage treatment and disposal remediation plan
  586  must conform to the requirements of the remediation plan.
  587         (g)Alternative restoration plan.—
  588         1.To demonstrate that the department can forgo placing a
  589  water body on the verified impaired water bodies list and
  590  establishing a total maximum daily load, the restoration plan
  591  for a water body must establish:
  592         a.The implementation of best management practices or
  593  monitoring for nonpoint sources of pollution;
  594         b.The implementation of a septic remediation plan where
  595  such remediation is necessary to restore the water body; and
  596         c.Adoption of alternative waste treatment levels for
  597  wastewater treatment plants.
  598         2.In addition, the restoration plan must include any other
  599  pollution control mechanisms that are being implemented to
  600  demonstrate a reasonable assurance that existing or proposed
  601  pollution control mechanisms or programs will effectively
  602  address the impairment. Upon adoption of such a restoration
  603  plan, the requirement that best management practices or
  604  monitoring be conducted within the watershed impacting the water
  605  body is enforceable pursuant to this section and ss. 403.121,
  606  403.141, and 403.161.
  607         Section 6. Section 403.0771, Florida Statutes, is created
  608  to read:
  609         403.0771 Sewage spill notification; moratorium.—
  610         (1)In addition to the public notification requirements of
  611  s. 403.077, a wastewater treatment plant that unlawfully
  612  discharges raw or partially treated sewage into any waterway or
  613  aquifer must, within 24 hours after discovering the discharge,
  614  notify its customers that the discharge has occurred.
  615         (2)If a wastewater treatment plant owned by a local
  616  government unlawfully discharges raw or partially treated sewage
  617  into any waterway or aquifer, the local government may not
  618  approve any building permits and the department may not approve
  619  any onsite sewage treatment and disposal system in the local
  620  government’s jurisdiction until any required maintenance,
  621  repair, or improvement has been implemented to reduce or
  622  eliminate sanitary sewage overflows, as determined by the
  623  department. In addition, the department shall assess a daily
  624  penalty pursuant to ss. 403.121, 403.141, and 403.161 until the
  625  required maintenance, repair, or improvement has been
  626  implemented. The department may reduce a penalty based on the
  627  wastewater treatment plant’s investment in assessment and
  628  maintenance activities to identify and address conditions that
  629  may cause sanitary sewage overflows.
  630         Section 7. Effective July 1, 2024, paragraph (c) of
  631  subsection (1) of section 403.086, Florida Statutes, is amended
  632  to read:
  633         403.086 Sewage disposal facilities; advanced and secondary
  634  waste treatment.—
  635         (1)
  636         (c) Notwithstanding any other provisions of this chapter or
  637  chapter 373, facilities for sanitary sewage disposal may not
  638  dispose of any wastes into Old Tampa Bay, Tampa Bay,
  639  Hillsborough Bay, Boca Ciega Bay, St. Joseph Sound, Clearwater
  640  Bay, Sarasota Bay, Little Sarasota Bay, Roberts Bay, Lemon Bay,
  641  or Charlotte Harbor Bay, Indian River Lagoon, or into any river,
  642  stream, channel, canal, bay, bayou, sound, or other water
  643  tributary thereto, without providing advanced waste treatment,
  644  as defined in subsection (4), approved by the department. This
  645  paragraph shall not apply to facilities which were permitted by
  646  February 1, 1987, and which discharge secondary treated
  647  effluent, followed by water hyacinth treatment, to tributaries
  648  of tributaries of the named waters; or to facilities permitted
  649  to discharge to the nontidally influenced portions of the Peace
  650  River.
  651         Section 8. Present subsection (4) of section 403.9337,
  652  Florida Statutes, is redesignated as subsection (5), and a new
  653  subsection (4) is added to that section, to read:
  654         403.9337 Model Ordinance for Florida-Friendly Fertilizer
  655  Use on Urban Landscapes.—
  656         (4) A local government that fails to adopt, enact, and
  657  implement an ordinance pursuant to this section is subject to a
  658  daily fine as provided in ss. 403.121, 403.141, and 403.161 and
  659  may not approve any building permits until the ordinance has
  660  been adopted, enacted, and implemented.
  661         Section 9. (1)The Department of Environmental Protection
  662  shall revise the basin management action plans for Indian River
  663  Lagoon and the basin management action plans that were adopted
  664  pursuant to s. 373.807, Florida Statutes, and approved by the
  665  Secretary of Environmental Protection or prepared by the
  666  department before July 1, 2019, to conform existing plans to
  667  changes made by this act. Revisions to such basin management
  668  action plans made pursuant to this act must be completed by July
  669  1, 2020. The department may grant an extension, upon a showing
  670  of good cause, to a local government on the deadlines for its
  671  wastewater treatment plan project or onsite sewage treatment and
  672  disposal system remediation plans submitted as part of a basin
  673  management action plan.
  674         (2)The department shall revise all basin management action
  675  plans not included under subsection (1), but adopted pursuant to
  676  s. 403.067(7), Florida Statutes, and approved by the Secretary
  677  of Environmental Protection or prepared by the department before
  678  July 1, 2019, to conform existing plans to changes made by this
  679  act. Revisions to such basin management action plans made
  680  pursuant to this act must be completed by the next required 5
  681  year milestone assessment for those revisions scheduled for on
  682  or after July 1, 2020. The department may grant an extension,
  683  upon a showing of good cause, to a local government on the
  684  deadlines for its wastewater treatment plan project or onsite
  685  sewage treatment and disposal system remediation plans submitted
  686  as part of a basin management action plan.
  687         Section 10. Subsection (5) of section 153.54, Florida
  688  Statutes, is amended to read:
  689         153.54 Preliminary report by county commissioners with
  690  respect to creation of proposed district.—Upon receipt of a
  691  petition duly signed by not less than 25 qualified electors who
  692  are also freeholders residing within an area proposed to be
  693  incorporated into a water and sewer district pursuant to this
  694  law and describing in general terms the proposed boundaries of
  695  such proposed district, the board of county commissioners if it
  696  shall deem it necessary and advisable to create and establish
  697  such proposed district for the purpose of constructing,
  698  establishing or acquiring a water system or a sewer system or
  699  both in and for such district (herein called “improvements”),
  700  shall first cause a preliminary report to be made which such
  701  report together with any other relevant or pertinent matters,
  702  shall include at least the following:
  703         (5) For the construction of a new proposed sewerage system
  704  or the extension of an existing sewerage system that was not
  705  previously approved, the report shall include a study that
  706  includes the available information from the Department of
  707  Environmental Protection Health on the history of onsite sewage
  708  treatment and disposal systems currently in use in the area and
  709  a comparison of the projected costs to the owner of a typical
  710  lot or parcel of connecting to and using the proposed sewerage
  711  system versus installing, operating, and properly maintaining an
  712  onsite sewage treatment system that is approved by the
  713  Department of Environmental Protection Health and that provides
  714  for the comparable level of environmental and health protection
  715  as the proposed central sewerage system; consideration of the
  716  local authority’s obligations or reasonably anticipated
  717  obligations for water body cleanup and protection under state or
  718  federal programs, including requirements for water bodies listed
  719  under s. 303(d) of the Clean Water Act, Pub. L. No. 92-500, 33
  720  U.S.C. ss. 1251 et seq.; and other factors deemed relevant by
  721  the local authority.
  722  
  723  Such report shall be filed in the office of the clerk of the
  724  circuit court and shall be open for the inspection of any
  725  taxpayer, property owner, qualified elector or any other
  726  interested or affected person.
  727         Section 11. Paragraph (c) of subsection (2) of section
  728  153.73, Florida Statutes, is amended to read:
  729         153.73 Assessable improvements; levy and payment of special
  730  assessments.—Any district may provide for the construction or
  731  reconstruction of assessable improvements as defined in s.
  732  153.52, and for the levying of special assessments upon
  733  benefited property for the payment thereof, under the provisions
  734  of this section.
  735         (2)
  736         (c) For the construction of a new proposed sewerage system
  737  or the extension of an existing sewerage system that was not
  738  previously approved, the report shall include a study that
  739  includes the available information from the Department of
  740  Environmental Protection Health on the history of onsite sewage
  741  treatment and disposal systems currently in use in the area and
  742  a comparison of the projected costs to the owner of a typical
  743  lot or parcel of connecting to and using the proposed sewerage
  744  system versus installing, operating, and properly maintaining an
  745  onsite sewage treatment system that is approved by the
  746  Department of Environmental Protection Health and that provides
  747  for the comparable level of environmental and health protection
  748  as the proposed central sewerage system; consideration of the
  749  local authority’s obligations or reasonably anticipated
  750  obligations for water body cleanup and protection under state or
  751  federal programs, including requirements for water bodies listed
  752  under s. 303(d) of the Clean Water Act, Pub. L. No. 92-500, 33
  753  U.S.C. ss. 1251 et seq.; and other factors deemed relevant by
  754  the local authority.
  755         Section 12. Subsection (2) of section 163.3180, Florida
  756  Statutes, is amended to read:
  757         163.3180 Concurrency.—
  758         (2) Consistent with public health and safety, sanitary
  759  sewer, solid waste, drainage, adequate water supplies, and
  760  potable water facilities shall be in place and available to
  761  serve new development no later than the issuance by the local
  762  government of a certificate of occupancy or its functional
  763  equivalent. Prior to approval of a building permit or its
  764  functional equivalent, the local government shall consult with
  765  the applicable water supplier to determine whether adequate
  766  water supplies to serve the new development will be available no
  767  later than the anticipated date of issuance by the local
  768  government of a certificate of occupancy or its functional
  769  equivalent. A local government may meet the concurrency
  770  requirement for sanitary sewer through the use of onsite sewage
  771  treatment and disposal systems approved by the Department of
  772  Environmental Protection Health to serve new development.
  773         Section 13. Subsection (2) of section 373.811, Florida
  774  Statutes, is amended to read:
  775         373.811 Prohibited activities within a priority focus
  776  area.—The following activities are prohibited within a priority
  777  focus area in effect for an Outstanding Florida Spring:
  778         (2) New onsite sewage treatment and disposal systems on
  779  lots of less than 1 acre, if the addition of the specific
  780  systems conflicts with an onsite treatment and disposal system
  781  remediation plan incorporated into a basin management action
  782  plan in accordance with s. 403.067(7)(e) s. 373.807(3).
  783         Section 14. Subsections (7) and (18) of section 381.006,
  784  Florida Statutes, are amended to read:
  785         381.006 Environmental health.—The department shall conduct
  786  an environmental health program as part of fulfilling the
  787  state’s public health mission. The purpose of this program is to
  788  detect and prevent disease caused by natural and manmade factors
  789  in the environment. The environmental health program shall
  790  include, but not be limited to:
  791         (7) An onsite sewage treatment and disposal function.
  792         (18) A food service inspection function for domestic
  793  violence centers that are certified by the Department of
  794  Children and Families and monitored by the Florida Coalition
  795  Against Domestic Violence under part XII of chapter 39 and group
  796  care homes as described in subsection (15) (16), which shall be
  797  conducted annually and be limited to the requirements in
  798  department rule applicable to community-based residential
  799  facilities with five or fewer residents.
  800  
  801  The department may adopt rules to carry out the provisions of
  802  this section.
  803         Section 15. Subsection (1) of section 381.0061, Florida
  804  Statutes, is amended to read:
  805         381.0061 Administrative fines.—
  806         (1) In addition to any administrative action authorized by
  807  chapter 120 or by other law, the department may impose a fine,
  808  which shall not exceed $500 for each violation, for a violation
  809  of s. 381.006(15) s. 381.006(16), s. 381.0065, s. 381.0066, s.
  810  381.0072, or part III of chapter 489, for a violation of any
  811  rule adopted under this chapter, or for a violation of any of
  812  the provisions of chapter 386. Notice of intent to impose such
  813  fine shall be given by the department to the alleged violator.
  814  Each day that a violation continues may constitute a separate
  815  violation.
  816         Section 16. Subsection (1) of section 381.0064, Florida
  817  Statutes, is amended to read:
  818         381.0064 Continuing education courses for persons
  819  installing or servicing septic tanks.—
  820         (1) The Department of Environmental Protection Health shall
  821  establish a program for continuing education which meets the
  822  purposes of ss. 381.0101 and 489.554 regarding the public health
  823  and environmental effects of onsite sewage treatment and
  824  disposal systems and any other matters the department determines
  825  desirable for the safe installation and use of onsite sewage
  826  treatment and disposal systems. The department may charge a fee
  827  to cover the cost of such program.
  828         Section 17. Present paragraphs (d) through (q) of
  829  subsection (2) of section 381.0065, Florida Statutes, are
  830  redesignated as paragraphs (e) through (r), respectively, a new
  831  paragraph (d) is added to that subsection, and subsections (3)
  832  and (4) of that section are amended, to read:
  833         381.0065 Onsite sewage treatment and disposal systems;
  834  regulation.—
  835         (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
  836  term:
  837         (d)“Department” means the Department of Environmental
  838  Protection.
  839         (3) DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.—The
  840  department shall:
  841         (a) Adopt rules to administer ss. 381.0065-381.0067,
  842  including definitions that are consistent with the definitions
  843  in this section, decreases to setback requirements where no
  844  health hazard exists, increases for the lot-flow allowance for
  845  performance-based systems, requirements for separation from
  846  water table elevation during the wettest season, requirements
  847  for the design and construction of any component part of an
  848  onsite sewage treatment and disposal system, application and
  849  permit requirements for persons who maintain an onsite sewage
  850  treatment and disposal system, requirements for maintenance and
  851  service agreements for aerobic treatment units and performance
  852  based treatment systems, and recommended standards, including
  853  disclosure requirements, for voluntary system inspections to be
  854  performed by individuals who are authorized by law to perform
  855  such inspections and who shall inform a person having ownership,
  856  control, or use of an onsite sewage treatment and disposal
  857  system of the inspection standards and of that person’s
  858  authority to request an inspection based on all or part of the
  859  standards.
  860         (b) Perform application reviews and site evaluations, issue
  861  permits, and conduct inspections and complaint investigations
  862  associated with the construction, installation, maintenance,
  863  modification, abandonment, operation, use, or repair of an
  864  onsite sewage treatment and disposal system for a residence or
  865  establishment with an estimated domestic sewage flow of 10,000
  866  gallons or less per day, or an estimated commercial sewage flow
  867  of 5,000 gallons or less per day, which is not currently
  868  regulated under chapter 403.
  869         (c) Develop a comprehensive program to ensure that onsite
  870  sewage treatment and disposal systems regulated by the
  871  department are sized, designed, constructed, installed,
  872  repaired, modified, abandoned, used, operated, and maintained in
  873  compliance with this section and rules adopted under this
  874  section to prevent groundwater contamination and surface water
  875  contamination and to preserve the public health. The department
  876  is the final administrative interpretive authority regarding
  877  rule interpretation. In the event of a conflict regarding rule
  878  interpretation, the State Surgeon General, or his or her
  879  designee, shall timely assign a staff person to resolve the
  880  dispute.
  881         (d) Grant variances in hardship cases under the conditions
  882  prescribed in this section and rules adopted under this section.
  883         (e) Permit the use of a limited number of innovative
  884  systems for a specific period of time, when there is compelling
  885  evidence that the system will function properly and reliably to
  886  meet the requirements of this section and rules adopted under
  887  this section.
  888         (f) Issue annual operating permits under this section.
  889         (g) Establish and collect fees as established under s.
  890  381.0066 for services provided with respect to onsite sewage
  891  treatment and disposal systems.
  892         (h) Conduct enforcement activities, including imposing
  893  fines, issuing citations, suspensions, revocations, injunctions,
  894  and emergency orders for violations of this section, part I of
  895  chapter 386, or part III of chapter 489 or for a violation of
  896  any rule adopted under this section, part I of chapter 386, or
  897  part III of chapter 489.
  898         (i) Provide or conduct education and training of department
  899  personnel, service providers, and the public regarding onsite
  900  sewage treatment and disposal systems.
  901         (j) Supervise research on, demonstration of, and training
  902  on the performance, environmental impact, and public health
  903  impact of onsite sewage treatment and disposal systems within
  904  this state. Research fees collected under s. 381.0066(2)(k) must
  905  be used to develop and fund hands-on training centers designed
  906  to provide practical information about onsite sewage treatment
  907  and disposal systems to septic tank contractors, master septic
  908  tank contractors, contractors, inspectors, engineers, and the
  909  public and must also be used to fund research projects which
  910  focus on improvements of onsite sewage treatment and disposal
  911  systems, including use of performance-based standards and
  912  reduction of environmental impact. Research projects shall be
  913  initially approved by the technical review and advisory panel
  914  and shall be applicable to and reflect the soil conditions
  915  specific to Florida. Such projects shall be awarded through
  916  competitive negotiation, using the procedures provided in s.
  917  287.055, to public or private entities that have experience in
  918  onsite sewage treatment and disposal systems in Florida and that
  919  are principally located in Florida. Research projects shall not
  920  be awarded to firms or entities that employ or are associated
  921  with persons who serve on either the technical review and
  922  advisory panel or the research review and advisory committee.
  923         (k) Approve the installation of individual graywater
  924  disposal systems in which blackwater is treated by a central
  925  sewerage system.
  926         (l) Regulate and permit the sanitation, handling,
  927  treatment, storage, reuse, and disposal of byproducts from any
  928  system regulated under this chapter and not regulated by the
  929  Department of Environmental Protection.
  930         (m) Permit and inspect portable or temporary toilet
  931  services and holding tanks. The department shall review
  932  applications, perform site evaluations, and issue permits for
  933  the temporary use of holding tanks, privies, portable toilet
  934  services, or any other toilet facility that is intended for use
  935  on a permanent or nonpermanent basis, including facilities
  936  placed on construction sites when workers are present. The
  937  department may specify standards for the construction,
  938  maintenance, use, and operation of any such facility for
  939  temporary use.
  940         (n) Regulate and permit maintenance entities for
  941  performance-based treatment systems and aerobic treatment unit
  942  systems. To ensure systems are maintained and operated according
  943  to manufacturer’s specifications and designs, the department
  944  shall establish by rule minimum qualifying criteria for
  945  maintenance entities. The criteria shall include: training,
  946  access to approved spare parts and components, access to
  947  manufacturer’s maintenance and operation manuals, and service
  948  response time. The maintenance entity shall employ a contractor
  949  licensed under s. 489.105(3)(m), or part III of chapter 489, or
  950  a state-licensed wastewater plant operator, who is responsible
  951  for maintenance and repair of all systems under contract.
  952         (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
  953  construct, repair, modify, abandon, or operate an onsite sewage
  954  treatment and disposal system without first obtaining a permit
  955  approved by the department. The department may issue permits to
  956  carry out this section., but shall not make the issuance of such
  957  permits contingent upon prior approval by the Department of
  958  Environmental Protection, except that The issuance of a permit
  959  for work seaward of the coastal construction control line
  960  established under s. 161.053 shall be contingent upon receipt of
  961  any required coastal construction control line permit from the
  962  department of Environmental Protection. A construction permit is
  963  valid for 18 months from the issuance date and may be extended
  964  by the department for one 90-day period under rules adopted by
  965  the department. A repair permit is valid for 90 days from the
  966  date of issuance. An operating permit must be obtained before
  967  prior to the use of any aerobic treatment unit or if the
  968  establishment generates commercial waste. Buildings or
  969  establishments that use an aerobic treatment unit or generate
  970  commercial waste shall be inspected by the department at least
  971  annually to assure compliance with the terms of the operating
  972  permit. The operating permit for a commercial wastewater system
  973  is valid for 1 year from the date of issuance and must be
  974  renewed annually. The operating permit for an aerobic treatment
  975  unit is valid for 2 years from the date of issuance and must be
  976  renewed every 2 years. If all information pertaining to the
  977  siting, location, and installation conditions or repair of an
  978  onsite sewage treatment and disposal system remains the same, a
  979  construction or repair permit for the onsite sewage treatment
  980  and disposal system may be transferred to another person, if the
  981  transferee files, within 60 days after the transfer of
  982  ownership, an amended application providing all corrected
  983  information and proof of ownership of the property. There is no
  984  fee associated with the processing of this supplemental
  985  information. A person may not contract to construct, modify,
  986  alter, repair, service, abandon, or maintain any portion of an
  987  onsite sewage treatment and disposal system without being
  988  registered under part III of chapter 489. A property owner who
  989  personally performs construction, maintenance, or repairs to a
  990  system serving his or her own owner-occupied single-family
  991  residence is exempt from registration requirements for
  992  performing such construction, maintenance, or repairs on that
  993  residence, but is subject to all permitting requirements. A
  994  municipality or political subdivision of the state may not issue
  995  a building or plumbing permit for any building that requires the
  996  use of an onsite sewage treatment and disposal system unless the
  997  owner or builder has received a construction permit for such
  998  system from the department. A building or structure may not be
  999  occupied and a municipality, political subdivision, or any state
 1000  or federal agency may not authorize occupancy until the
 1001  department approves the final installation of the onsite sewage
 1002  treatment and disposal system. A municipality or political
 1003  subdivision of the state may not approve any change in occupancy
 1004  or tenancy of a building that uses an onsite sewage treatment
 1005  and disposal system until the department has reviewed the use of
 1006  the system with the proposed change, approved the change, and
 1007  amended the operating permit.
 1008         (a) Subdivisions and lots in which each lot has a minimum
 1009  area of at least one-half acre and either a minimum dimension of
 1010  100 feet or a mean of at least 100 feet of the side bordering
 1011  the street and the distance formed by a line parallel to the
 1012  side bordering the street drawn between the two most distant
 1013  points of the remainder of the lot may be developed with a water
 1014  system regulated under s. 381.0062 and onsite sewage treatment
 1015  and disposal systems, provided the projected daily sewage flow
 1016  does not exceed an average of 1,500 gallons per acre per day,
 1017  and provided satisfactory drinking water can be obtained and all
 1018  distance and setback, soil condition, water table elevation, and
 1019  other related requirements of this section and rules adopted
 1020  under this section can be met.
 1021         (b) Subdivisions and lots using a public water system as
 1022  defined in s. 403.852 may use onsite sewage treatment and
 1023  disposal systems, provided there are no more than four lots per
 1024  acre, provided the projected daily sewage flow does not exceed
 1025  an average of 2,500 gallons per acre per day, and provided that
 1026  all distance and setback, soil condition, water table elevation,
 1027  and other related requirements that are generally applicable to
 1028  the use of onsite sewage treatment and disposal systems are met.
 1029         (c) Notwithstanding paragraphs (a) and (b), for
 1030  subdivisions platted of record on or before October 1, 1991,
 1031  when a developer or other appropriate entity has previously made
 1032  or makes provisions, including financial assurances or other
 1033  commitments, acceptable to the department of Health, that a
 1034  central water system will be installed by a regulated public
 1035  utility based on a density formula, private potable wells may be
 1036  used with onsite sewage treatment and disposal systems until the
 1037  agreed-upon densities are reached. In a subdivision regulated by
 1038  this paragraph, the average daily sewage flow may not exceed
 1039  2,500 gallons per acre per day. This section does not affect the
 1040  validity of existing prior agreements. After October 1, 1991,
 1041  the exception provided under this paragraph is not available to
 1042  a developer or other appropriate entity.
 1043         (d) Paragraphs (a) and (b) do not apply to any proposed
 1044  residential subdivision with more than 50 lots or to any
 1045  proposed commercial subdivision with more than 5 lots where a
 1046  publicly owned or investor-owned sewerage system is available.
 1047  It is the intent of this paragraph not to allow development of
 1048  additional proposed subdivisions in order to evade the
 1049  requirements of this paragraph.
 1050         (e) Onsite sewage treatment and disposal systems must not
 1051  be placed closer than:
 1052         1. Seventy-five feet from a private potable well.
 1053         2. Two hundred feet from a public potable well serving a
 1054  residential or nonresidential establishment having a total
 1055  sewage flow of greater than 2,000 gallons per day.
 1056         3. One hundred feet from a public potable well serving a
 1057  residential or nonresidential establishment having a total
 1058  sewage flow of less than or equal to 2,000 gallons per day.
 1059         4. Fifty feet from any nonpotable well.
 1060         5. Ten feet from any storm sewer pipe, to the maximum
 1061  extent possible, but in no instance shall the setback be less
 1062  than 5 feet.
 1063         6. Seventy-five feet from the mean high-water line of a
 1064  tidally influenced surface water body.
 1065         7. Seventy-five feet from the mean annual flood line of a
 1066  permanent nontidal surface water body.
 1067         8. Fifteen feet from the design high-water line of
 1068  retention areas, detention areas, or swales designed to contain
 1069  standing or flowing water for less than 72 hours after a
 1070  rainfall or the design high-water level of normally dry drainage
 1071  ditches or normally dry individual lot stormwater retention
 1072  areas.
 1073         (f) Except as provided under paragraphs (e) and (t), no
 1074  limitations shall be imposed by rule, relating to the distance
 1075  between an onsite disposal system and any area that either
 1076  permanently or temporarily has visible surface water.
 1077         (g) All provisions of this section and rules adopted under
 1078  this section relating to soil condition, water table elevation,
 1079  distance, and other setback requirements must be equally applied
 1080  to all lots, with the following exceptions:
 1081         1. Any residential lot that was platted and recorded on or
 1082  after January 1, 1972, or that is part of a residential
 1083  subdivision that was approved by the appropriate permitting
 1084  agency on or after January 1, 1972, and that was eligible for an
 1085  onsite sewage treatment and disposal system construction permit
 1086  on the date of such platting and recording or approval shall be
 1087  eligible for an onsite sewage treatment and disposal system
 1088  construction permit, regardless of when the application for a
 1089  permit is made. If rules in effect at the time the permit
 1090  application is filed cannot be met, residential lots platted and
 1091  recorded or approved on or after January 1, 1972, shall, to the
 1092  maximum extent possible, comply with the rules in effect at the
 1093  time the permit application is filed. At a minimum, however,
 1094  those residential lots platted and recorded or approved on or
 1095  after January 1, 1972, but before January 1, 1983, shall comply
 1096  with those rules in effect on January 1, 1983, and those
 1097  residential lots platted and recorded or approved on or after
 1098  January 1, 1983, shall comply with those rules in effect at the
 1099  time of such platting and recording or approval. In determining
 1100  the maximum extent of compliance with current rules that is
 1101  possible, the department shall allow structures and
 1102  appurtenances thereto which were authorized at the time such
 1103  lots were platted and recorded or approved.
 1104         2. Lots platted before 1972 are subject to a 50-foot
 1105  minimum surface water setback and are not subject to lot size
 1106  requirements. The projected daily flow for onsite sewage
 1107  treatment and disposal systems for lots platted before 1972 may
 1108  not exceed:
 1109         a. Two thousand five hundred gallons per acre per day for
 1110  lots served by public water systems as defined in s. 403.852.
 1111         b. One thousand five hundred gallons per acre per day for
 1112  lots served by water systems regulated under s. 381.0062.
 1113         (h)1. The department may grant variances in hardship cases
 1114  which may be less restrictive than the provisions specified in
 1115  this section. If a variance is granted and the onsite sewage
 1116  treatment and disposal system construction permit has been
 1117  issued, the variance may be transferred with the system
 1118  construction permit, if the transferee files, within 60 days
 1119  after the transfer of ownership, an amended construction permit
 1120  application providing all corrected information and proof of
 1121  ownership of the property and if the same variance would have
 1122  been required for the new owner of the property as was
 1123  originally granted to the original applicant for the variance.
 1124  There is no fee associated with the processing of this
 1125  supplemental information. A variance may not be granted under
 1126  this section until the department is satisfied that:
 1127         a. The hardship was not caused intentionally by the action
 1128  of the applicant;
 1129         b. No reasonable alternative, taking into consideration
 1130  factors such as cost, exists for the treatment of the sewage;
 1131  and
 1132         c. The discharge from the onsite sewage treatment and
 1133  disposal system will not adversely affect the health of the
 1134  applicant or the public or significantly degrade the groundwater
 1135  or surface waters.
 1136  
 1137  Where soil conditions, water table elevation, and setback
 1138  provisions are determined by the department to be satisfactory,
 1139  special consideration must be given to those lots platted before
 1140  1972.
 1141         2. The department shall appoint and staff a variance review
 1142  and advisory committee, which shall meet monthly to recommend
 1143  agency action on variance requests. The committee shall make its
 1144  recommendations on variance requests at the meeting in which the
 1145  application is scheduled for consideration, except for an
 1146  extraordinary change in circumstances, the receipt of new
 1147  information that raises new issues, or when the applicant
 1148  requests an extension. The committee shall consider the criteria
 1149  in subparagraph 1. in its recommended agency action on variance
 1150  requests and shall also strive to allow property owners the full
 1151  use of their land where possible. The committee consists of the
 1152  following:
 1153         a. The State Surgeon General or his or her designee.
 1154         b. A representative from the county health departments.
 1155         c. A representative from the home building industry
 1156  recommended by the Florida Home Builders Association.
 1157         d. A representative from the septic tank industry
 1158  recommended by the Florida Onsite Wastewater Association.
 1159         e. A representative from the Department of Environmental
 1160  Protection.
 1161         f. A representative from the real estate industry who is
 1162  also a developer in this state who develops lots using onsite
 1163  sewage treatment and disposal systems, recommended by the
 1164  Florida Association of Realtors.
 1165         g. A representative from the engineering profession
 1166  recommended by the Florida Engineering Society.
 1167  
 1168  Members shall be appointed for a term of 3 years, with such
 1169  appointments being staggered so that the terms of no more than
 1170  two members expire in any one year. Members shall serve without
 1171  remuneration, but if requested, shall be reimbursed for per diem
 1172  and travel expenses as provided in s. 112.061.
 1173         (i) A construction permit may not be issued for an onsite
 1174  sewage treatment and disposal system in any area zoned or used
 1175  for industrial or manufacturing purposes, or its equivalent,
 1176  where a publicly owned or investor-owned sewage treatment system
 1177  is available, or where a likelihood exists that the system will
 1178  receive toxic, hazardous, or industrial waste. An existing
 1179  onsite sewage treatment and disposal system may be repaired if a
 1180  publicly owned or investor-owned sewerage system is not
 1181  available within 500 feet of the building sewer stub-out and if
 1182  system construction and operation standards can be met. This
 1183  paragraph does not require publicly owned or investor-owned
 1184  sewerage treatment systems to accept anything other than
 1185  domestic wastewater.
 1186         1. A building located in an area zoned or used for
 1187  industrial or manufacturing purposes, or its equivalent, when
 1188  such building is served by an onsite sewage treatment and
 1189  disposal system, must not be occupied until the owner or tenant
 1190  has obtained written approval from the department. The
 1191  department shall not grant approval when the proposed use of the
 1192  system is to dispose of toxic, hazardous, or industrial
 1193  wastewater or toxic or hazardous chemicals.
 1194         2. Each person who owns or operates a business or facility
 1195  in an area zoned or used for industrial or manufacturing
 1196  purposes, or its equivalent, or who owns or operates a business
 1197  that has the potential to generate toxic, hazardous, or
 1198  industrial wastewater or toxic or hazardous chemicals, and uses
 1199  an onsite sewage treatment and disposal system that is installed
 1200  on or after July 5, 1989, must obtain an annual system operating
 1201  permit from the department. A person who owns or operates a
 1202  business that uses an onsite sewage treatment and disposal
 1203  system that was installed and approved before July 5, 1989, need
 1204  not obtain a system operating permit. However, upon change of
 1205  ownership or tenancy, the new owner or operator must notify the
 1206  department of the change, and the new owner or operator must
 1207  obtain an annual system operating permit, regardless of the date
 1208  that the system was installed or approved.
 1209         3. The department shall periodically review and evaluate
 1210  the continued use of onsite sewage treatment and disposal
 1211  systems in areas zoned or used for industrial or manufacturing
 1212  purposes, or its equivalent, and may require the collection and
 1213  analyses of samples from within and around such systems. If the
 1214  department finds that toxic or hazardous chemicals or toxic,
 1215  hazardous, or industrial wastewater have been or are being
 1216  disposed of through an onsite sewage treatment and disposal
 1217  system, the department shall initiate enforcement actions
 1218  against the owner or tenant to ensure adequate cleanup,
 1219  treatment, and disposal.
 1220         (j) An onsite sewage treatment and disposal system designed
 1221  by a professional engineer registered in the state and certified
 1222  by such engineer as complying with performance criteria adopted
 1223  by the department must be approved by the department subject to
 1224  the following:
 1225         1. The performance criteria applicable to engineer-designed
 1226  systems must be limited to those necessary to ensure that such
 1227  systems do not adversely affect the public health or
 1228  significantly degrade the groundwater or surface water. Such
 1229  performance criteria shall include consideration of the quality
 1230  of system effluent, the proposed total sewage flow per acre,
 1231  wastewater treatment capabilities of the natural or replaced
 1232  soil, water quality classification of the potential surface
 1233  water-receiving body, and the structural and maintenance
 1234  viability of the system for the treatment of domestic
 1235  wastewater. However, performance criteria shall address only the
 1236  performance of a system and not a system’s design.
 1237         2. A person electing to utilize an engineer-designed system
 1238  shall, upon completion of the system design, submit such design,
 1239  certified by a registered professional engineer, to the county
 1240  health department. The county health department may utilize an
 1241  outside consultant to review the engineer-designed system, with
 1242  the actual cost of such review to be borne by the applicant.
 1243  Within 5 working days after receiving an engineer-designed
 1244  system permit application, the county health department shall
 1245  request additional information if the application is not
 1246  complete. Within 15 working days after receiving a complete
 1247  application for an engineer-designed system, the county health
 1248  department either shall issue the permit or, if it determines
 1249  that the system does not comply with the performance criteria,
 1250  shall notify the applicant of that determination and refer the
 1251  application to the department for a determination as to whether
 1252  the system should be approved, disapproved, or approved with
 1253  modification. The department engineer’s determination shall
 1254  prevail over the action of the county health department. The
 1255  applicant shall be notified in writing of the department’s
 1256  determination and of the applicant’s rights to pursue a variance
 1257  or seek review under the provisions of chapter 120.
 1258         3. The owner of an engineer-designed performance-based
 1259  system must maintain a current maintenance service agreement
 1260  with a maintenance entity permitted by the department. The
 1261  maintenance entity shall inspect each system at least twice each
 1262  year and shall report quarterly to the department on the number
 1263  of systems inspected and serviced. The reports may be submitted
 1264  electronically.
 1265         4. The property owner of an owner-occupied, single-family
 1266  residence may be approved and permitted by the department as a
 1267  maintenance entity for his or her own performance-based
 1268  treatment system upon written certification from the system
 1269  manufacturer’s approved representative that the property owner
 1270  has received training on the proper installation and service of
 1271  the system. The maintenance service agreement must conspicuously
 1272  disclose that the property owner has the right to maintain his
 1273  or her own system and is exempt from contractor registration
 1274  requirements for performing construction, maintenance, or
 1275  repairs on the system but is subject to all permitting
 1276  requirements.
 1277         5. The property owner shall obtain a biennial system
 1278  operating permit from the department for each system. The
 1279  department shall inspect the system at least annually, or on
 1280  such periodic basis as the fee collected permits, and may
 1281  collect system-effluent samples if appropriate to determine
 1282  compliance with the performance criteria. The fee for the
 1283  biennial operating permit shall be collected beginning with the
 1284  second year of system operation.
 1285         6. If an engineer-designed system fails to properly
 1286  function or fails to meet performance standards, the system
 1287  shall be re-engineered, if necessary, to bring the system into
 1288  compliance with the provisions of this section.
 1289         (k) An innovative system may be approved in conjunction
 1290  with an engineer-designed site-specific system which is
 1291  certified by the engineer to meet the performance-based criteria
 1292  adopted by the department.
 1293         (l) For the Florida Keys, the department shall adopt a
 1294  special rule for the construction, installation, modification,
 1295  operation, repair, maintenance, and performance of onsite sewage
 1296  treatment and disposal systems which considers the unique soil
 1297  conditions and water table elevations, densities, and setback
 1298  requirements. On lots where a setback distance of 75 feet from
 1299  surface waters, saltmarsh, and buttonwood association habitat
 1300  areas cannot be met, an injection well, approved and permitted
 1301  by the department, may be used for disposal of effluent from
 1302  onsite sewage treatment and disposal systems. The following
 1303  additional requirements apply to onsite sewage treatment and
 1304  disposal systems in Monroe County:
 1305         1. The county, each municipality, and those special
 1306  districts established for the purpose of the collection,
 1307  transmission, treatment, or disposal of sewage shall ensure, in
 1308  accordance with the specific schedules adopted by the
 1309  Administration Commission under s. 380.0552, the completion of
 1310  onsite sewage treatment and disposal system upgrades to meet the
 1311  requirements of this paragraph.
 1312         2. Onsite sewage treatment and disposal systems must cease
 1313  discharge by December 31, 2015, or must comply with department
 1314  rules and provide the level of treatment which, on a permitted
 1315  annual average basis, produces an effluent that contains no more
 1316  than the following concentrations:
 1317         a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
 1318         b. Suspended Solids of 10 mg/l.
 1319         c. Total Nitrogen, expressed as N, of 10 mg/l or a
 1320  reduction in nitrogen of at least 70 percent. A system that has
 1321  been tested and certified to reduce nitrogen concentrations by
 1322  at least 70 percent shall be deemed to be in compliance with
 1323  this standard.
 1324         d. Total Phosphorus, expressed as P, of 1 mg/l.
 1325  
 1326  In addition, onsite sewage treatment and disposal systems
 1327  discharging to an injection well must provide basic disinfection
 1328  as defined by department rule.
 1329         3. In areas not scheduled to be served by a central sewer,
 1330  onsite sewage treatment and disposal systems must, by December
 1331  31, 2015, comply with department rules and provide the level of
 1332  treatment described in subparagraph 2.
 1333         4. In areas scheduled to be served by central sewer by
 1334  December 31, 2015, if the property owner has paid a connection
 1335  fee or assessment for connection to the central sewer system,
 1336  the property owner may install a holding tank with a high water
 1337  alarm or an onsite sewage treatment and disposal system that
 1338  meets the following minimum standards:
 1339         a. The existing tanks must be pumped and inspected and
 1340  certified as being watertight and free of defects in accordance
 1341  with department rule; and
 1342         b. A sand-lined drainfield or injection well in accordance
 1343  with department rule must be installed.
 1344         5. Onsite sewage treatment and disposal systems must be
 1345  monitored for total nitrogen and total phosphorus concentrations
 1346  as required by department rule.
 1347         6. The department shall enforce proper installation,
 1348  operation, and maintenance of onsite sewage treatment and
 1349  disposal systems pursuant to this chapter, including ensuring
 1350  that the appropriate level of treatment described in
 1351  subparagraph 2. is met.
 1352         7. The authority of a local government, including a special
 1353  district, to mandate connection of an onsite sewage treatment
 1354  and disposal system is governed by s. 4, chapter 99-395, Laws of
 1355  Florida.
 1356         8. Notwithstanding any other provision of law, an onsite
 1357  sewage treatment and disposal system installed after July 1,
 1358  2010, in unincorporated Monroe County, excluding special
 1359  wastewater districts, that complies with the standards in
 1360  subparagraph 2. is not required to connect to a central sewer
 1361  system until December 31, 2020.
 1362         (m) No product sold in the state for use in onsite sewage
 1363  treatment and disposal systems may contain any substance in
 1364  concentrations or amounts that would interfere with or prevent
 1365  the successful operation of such system, or that would cause
 1366  discharges from such systems to violate applicable water quality
 1367  standards. The department shall publish criteria for products
 1368  known or expected to meet the conditions of this paragraph. In
 1369  the event a product does not meet such criteria, such product
 1370  may be sold if the manufacturer satisfactorily demonstrates to
 1371  the department that the conditions of this paragraph are met.
 1372         (n) Evaluations for determining the seasonal high-water
 1373  table elevations or the suitability of soils for the use of a
 1374  new onsite sewage treatment and disposal system shall be
 1375  performed by department personnel, professional engineers
 1376  registered in the state, or such other persons with expertise,
 1377  as defined by rule, in making such evaluations. Evaluations for
 1378  determining mean annual flood lines shall be performed by those
 1379  persons identified in paragraph (2)(k) paragraph (2)(j). The
 1380  department shall accept evaluations submitted by professional
 1381  engineers and such other persons as meet the expertise
 1382  established by this section or by rule unless the department has
 1383  a reasonable scientific basis for questioning the accuracy or
 1384  completeness of the evaluation.
 1385         (o) The department shall appoint a research review and
 1386  advisory committee, which shall meet at least semiannually. The
 1387  committee shall advise the department on directions for new
 1388  research, review and rank proposals for research contracts, and
 1389  review draft research reports and make comments. The committee
 1390  is comprised of:
 1391         1. A representative of the State Surgeon General, or his or
 1392  her designee.
 1393         2. A representative from the septic tank industry.
 1394         3. A representative from the home building industry.
 1395         4. A representative from an environmental interest group.
 1396         5. A representative from the State University System, from
 1397  a department knowledgeable about onsite sewage treatment and
 1398  disposal systems.
 1399         6. A professional engineer registered in this state who has
 1400  work experience in onsite sewage treatment and disposal systems.
 1401         7. A representative from local government who is
 1402  knowledgeable about domestic wastewater treatment.
 1403         8. A representative from the real estate profession.
 1404         9. A representative from the restaurant industry.
 1405         10. A consumer.
 1406  
 1407  Members shall be appointed for a term of 3 years, with the
 1408  appointments being staggered so that the terms of no more than
 1409  four members expire in any one year. Members shall serve without
 1410  remuneration, but are entitled to reimbursement for per diem and
 1411  travel expenses as provided in s. 112.061.
 1412         (p) An application for an onsite sewage treatment and
 1413  disposal system permit shall be completed in full, signed by the
 1414  owner or the owner’s authorized representative, or by a
 1415  contractor licensed under chapter 489, and shall be accompanied
 1416  by all required exhibits and fees. No specific documentation of
 1417  property ownership shall be required as a prerequisite to the
 1418  review of an application or the issuance of a permit. The
 1419  issuance of a permit does not constitute determination by the
 1420  department of property ownership.
 1421         (q) The department may not require any form of subdivision
 1422  analysis of property by an owner, developer, or subdivider
 1423  before prior to submission of an application for an onsite
 1424  sewage treatment and disposal system.
 1425         (r) Nothing in this section limits the power of a
 1426  municipality or county to enforce other laws for the protection
 1427  of the public health and safety.
 1428         (s) In the siting of onsite sewage treatment and disposal
 1429  systems, including drainfields, shoulders, and slopes, guttering
 1430  shall not be required on single-family residential dwelling
 1431  units for systems located greater than 5 feet from the roof drip
 1432  line of the house. If guttering is used on residential dwelling
 1433  units, the downspouts shall be directed away from the
 1434  drainfield.
 1435         (t) Notwithstanding the provisions of subparagraph (g)1.,
 1436  onsite sewage treatment and disposal systems located in
 1437  floodways of the Suwannee and Aucilla Rivers must adhere to the
 1438  following requirements:
 1439         1. The absorption surface of the drainfield shall not be
 1440  subject to flooding based on 10-year flood elevations. Provided,
 1441  however, for lots or parcels created by the subdivision of land
 1442  in accordance with applicable local government regulations
 1443  before prior to January 17, 1990, if an applicant cannot
 1444  construct a drainfield system with the absorption surface of the
 1445  drainfield at an elevation equal to or above 10-year flood
 1446  elevation, the department shall issue a permit for an onsite
 1447  sewage treatment and disposal system within the 10-year
 1448  floodplain of rivers, streams, and other bodies of flowing water
 1449  if all of the following criteria are met:
 1450         a. The lot is at least one-half acre in size;
 1451         b. The bottom of the drainfield is at least 36 inches above
 1452  the 2-year flood elevation; and
 1453         c. The applicant installs either: a waterless,
 1454  incinerating, or organic waste composting toilet and a graywater
 1455  system and drainfield in accordance with department rules; an
 1456  aerobic treatment unit and drainfield in accordance with
 1457  department rules; a system approved by the State Health Office
 1458  that is capable of reducing effluent nitrate by at least 50
 1459  percent; or a system approved by the county health department
 1460  pursuant to department rule other than a system using
 1461  alternative drainfield materials. The United States Department
 1462  of Agriculture Soil Conservation Service soil maps, State of
 1463  Florida Water Management District data, and Federal Emergency
 1464  Management Agency Flood Insurance maps are resources that shall
 1465  be used to identify flood-prone areas.
 1466         2. The use of fill or mounding to elevate a drainfield
 1467  system out of the 10-year floodplain of rivers, streams, or
 1468  other bodies of flowing water shall not be permitted if such a
 1469  system lies within a regulatory floodway of the Suwannee and
 1470  Aucilla Rivers. In cases where the 10-year flood elevation does
 1471  not coincide with the boundaries of the regulatory floodway, the
 1472  regulatory floodway will be considered for the purposes of this
 1473  subsection to extend at a minimum to the 10-year flood
 1474  elevation.
 1475         (u)1. The owner of an aerobic treatment unit system shall
 1476  maintain a current maintenance service agreement with an aerobic
 1477  treatment unit maintenance entity permitted by the department.
 1478  The maintenance entity shall inspect each aerobic treatment unit
 1479  system at least twice each year and shall report quarterly to
 1480  the department on the number of aerobic treatment unit systems
 1481  inspected and serviced. The reports may be submitted
 1482  electronically.
 1483         2. The property owner of an owner-occupied, single-family
 1484  residence may be approved and permitted by the department as a
 1485  maintenance entity for his or her own aerobic treatment unit
 1486  system upon written certification from the system manufacturer’s
 1487  approved representative that the property owner has received
 1488  training on the proper installation and service of the system.
 1489  The maintenance entity service agreement must conspicuously
 1490  disclose that the property owner has the right to maintain his
 1491  or her own system and is exempt from contractor registration
 1492  requirements for performing construction, maintenance, or
 1493  repairs on the system but is subject to all permitting
 1494  requirements.
 1495         3. A septic tank contractor licensed under part III of
 1496  chapter 489, if approved by the manufacturer, may not be denied
 1497  access by the manufacturer to aerobic treatment unit system
 1498  training or spare parts for maintenance entities. After the
 1499  original warranty period, component parts for an aerobic
 1500  treatment unit system may be replaced with parts that meet
 1501  manufacturer’s specifications but are manufactured by others.
 1502  The maintenance entity shall maintain documentation of the
 1503  substitute part’s equivalency for 2 years and shall provide such
 1504  documentation to the department upon request.
 1505         4. The owner of an aerobic treatment unit system shall
 1506  obtain a system operating permit from the department and allow
 1507  the department to inspect during reasonable hours each aerobic
 1508  treatment unit system at least annually, and such inspection may
 1509  include collection and analysis of system-effluent samples for
 1510  performance criteria established by rule of the department.
 1511         (v) The department may require the submission of detailed
 1512  system construction plans that are prepared by a professional
 1513  engineer registered in this state. The department shall
 1514  establish by rule criteria for determining when such a
 1515  submission is required.
 1516         (w) Any permit issued and approved by the department for
 1517  the installation, modification, or repair of an onsite sewage
 1518  treatment and disposal system shall transfer with the title to
 1519  the property in a real estate transaction. A title may not be
 1520  encumbered at the time of transfer by new permit requirements by
 1521  a governmental entity for an onsite sewage treatment and
 1522  disposal system which differ from the permitting requirements in
 1523  effect at the time the system was permitted, modified, or
 1524  repaired. An inspection of a system may not be mandated by a
 1525  governmental entity at the point of sale in a real estate
 1526  transaction. This paragraph does not affect a septic tank phase
 1527  out deferral program implemented by a consolidated government as
 1528  defined in s. 9, Art. VIII of the State Constitution (1885).
 1529         (x) A governmental entity, including a municipality,
 1530  county, or statutorily created commission, may not require an
 1531  engineer-designed performance-based treatment system, excluding
 1532  a passive engineer-designed performance-based treatment system,
 1533  before the completion of the Florida Onsite Sewage Nitrogen
 1534  Reduction Strategies Project. This paragraph does not apply to a
 1535  governmental entity, including a municipality, county, or
 1536  statutorily created commission, which adopted a local law,
 1537  ordinance, or regulation on or before January 31, 2012.
 1538  Notwithstanding this paragraph, an engineer-designed
 1539  performance-based treatment system may be used to meet the
 1540  requirements of the variance review and advisory committee
 1541  recommendations.
 1542         (y)1. An onsite sewage treatment and disposal system is not
 1543  considered abandoned if the system is disconnected from a
 1544  structure that was made unusable or destroyed following a
 1545  disaster and if the system was properly functioning at the time
 1546  of disconnection and was not adversely affected by the disaster.
 1547  The onsite sewage treatment and disposal system may be
 1548  reconnected to a rebuilt structure if:
 1549         a. The reconnection of the system is to the same type of
 1550  structure which contains the same number of bedrooms or fewer,
 1551  if the square footage of the structure is less than or equal to
 1552  110 percent of the original square footage of the structure that
 1553  existed before the disaster;
 1554         b. The system is not a sanitary nuisance; and
 1555         c. The system has not been altered without prior
 1556  authorization.
 1557         2. An onsite sewage treatment and disposal system that
 1558  serves a property that is foreclosed upon is not considered
 1559  abandoned.
 1560         (z) If an onsite sewage treatment and disposal system
 1561  permittee receives, relies upon, and undertakes construction of
 1562  a system based upon a validly issued construction permit under
 1563  rules applicable at the time of construction but a change to a
 1564  rule occurs within 5 years after the approval of the system for
 1565  construction but before the final approval of the system, the
 1566  rules applicable and in effect at the time of construction
 1567  approval apply at the time of final approval if fundamental site
 1568  conditions have not changed between the time of construction
 1569  approval and final approval.
 1570         (aa) An existing-system inspection or evaluation and
 1571  assessment, or a modification, replacement, or upgrade of an
 1572  onsite sewage treatment and disposal system is not required for
 1573  a remodeling addition or modification to a single-family home if
 1574  a bedroom is not added. However, a remodeling addition or
 1575  modification to a single-family home may not cover any part of
 1576  the existing system or encroach upon a required setback or the
 1577  unobstructed area. To determine if a setback or the unobstructed
 1578  area is impacted, the local health department shall review and
 1579  verify a floor plan and site plan of the proposed remodeling
 1580  addition or modification to the home submitted by a remodeler
 1581  which shows the location of the system, including the distance
 1582  of the remodeling addition or modification to the home from the
 1583  onsite sewage treatment and disposal system. The local health
 1584  department may visit the site or otherwise determine the best
 1585  means of verifying the information submitted. A verification of
 1586  the location of a system is not an inspection or evaluation and
 1587  assessment of the system. The review and verification must be
 1588  completed within 7 business days after receipt by the local
 1589  health department of a floor plan and site plan. If the review
 1590  and verification is not completed within such time, the
 1591  remodeling addition or modification to the single-family home,
 1592  for the purposes of this paragraph, is approved.
 1593         Section 18. Paragraph (d) of subsection (7) and subsections
 1594  (8) and (9) of section 381.00651, Florida Statutes, are amended
 1595  to read:
 1596         381.00651 Periodic evaluation and assessment of onsite
 1597  sewage treatment and disposal systems.—
 1598         (7) The following procedures shall be used for conducting
 1599  evaluations:
 1600         (d) Assessment procedure.—All evaluation procedures used by
 1601  a qualified contractor shall be documented in the environmental
 1602  health database of the department of Health. The qualified
 1603  contractor shall provide a copy of a written, signed evaluation
 1604  report to the property owner upon completion of the evaluation
 1605  and to the county health department within 30 days after the
 1606  evaluation. The report must shall contain the name and license
 1607  number of the company providing the report. A copy of the
 1608  evaluation report shall be retained by the local county health
 1609  department for a minimum of 5 years and until a subsequent
 1610  inspection report is filed. The front cover of the report must
 1611  identify any system failure and include a clear and conspicuous
 1612  notice to the owner that the owner has a right to have any
 1613  remediation of the failure performed by a qualified contractor
 1614  other than the contractor performing the evaluation. The report
 1615  must further identify any crack, leak, improper fit, or other
 1616  defect in the tank, manhole, or lid, and any other damaged or
 1617  missing component; any sewage or effluent visible on the ground
 1618  or discharging to a ditch or other surface water body; any
 1619  downspout, stormwater, or other source of water directed onto or
 1620  toward the system; and any other maintenance need or condition
 1621  of the system at the time of the evaluation which, in the
 1622  opinion of the qualified contractor, would possibly interfere
 1623  with or restrict any future repair or modification to the
 1624  existing system. The report shall conclude with an overall
 1625  assessment of the fundamental operational condition of the
 1626  system.
 1627         (8) The county health department, in coordination with the
 1628  department, shall administer any evaluation program on behalf of
 1629  a county, or a municipality within the county, that has adopted
 1630  an evaluation program pursuant to this section. In order to
 1631  administer the evaluation program, the county or municipality,
 1632  in consultation with the county health department, may develop a
 1633  reasonable fee schedule to be used solely to pay for the costs
 1634  of administering the evaluation program. Such a fee schedule
 1635  shall be identified in the ordinance that adopts the evaluation
 1636  program. When arriving at a reasonable fee schedule, the
 1637  estimated annual revenues to be derived from fees may not exceed
 1638  reasonable estimated annual costs of the program. Fees shall be
 1639  assessed to the system owner during an inspection and separately
 1640  identified on the invoice of the qualified contractor. Fees
 1641  shall be remitted by the qualified contractor to the county
 1642  health department. The county health department’s administrative
 1643  responsibilities include the following:
 1644         (a) Providing a notice to the system owner at least 60 days
 1645  before the system is due for an evaluation. The notice may
 1646  include information on the proper maintenance of onsite sewage
 1647  treatment and disposal systems.
 1648         (b) In consultation with the department of Health,
 1649  providing uniform disciplinary procedures and penalties for
 1650  qualified contractors who do not comply with the requirements of
 1651  the adopted ordinance, including, but not limited to, failure to
 1652  provide the evaluation report as required in this subsection to
 1653  the system owner and the county health department. Only the
 1654  county health department may assess penalties against system
 1655  owners for failure to comply with the adopted ordinance,
 1656  consistent with existing requirements of law.
 1657         (9)(a) A county or municipality that adopts an onsite
 1658  sewage treatment and disposal system evaluation and assessment
 1659  program pursuant to this section shall notify the Secretary of
 1660  Environmental Protection, the Department of Health, and the
 1661  applicable county health department upon the adoption of its
 1662  ordinance establishing the program.
 1663         (b) Upon receipt of the notice under paragraph (a), the
 1664  department of Environmental Protection shall, within existing
 1665  resources, notify the county or municipality of the potential
 1666  use of, and access to, program funds under the Clean Water State
 1667  Revolving Fund or s. 319 of the Clean Water Act, provide
 1668  guidance in the application process to receive such moneys, and
 1669  provide advice and technical assistance to the county or
 1670  municipality on how to establish a low-interest revolving loan
 1671  program or how to model a revolving loan program after the low
 1672  interest loan program of the Clean Water State Revolving Fund.
 1673  This paragraph does not obligate the department of Environmental
 1674  Protection to provide any county or municipality with money to
 1675  fund such programs.
 1676         (c) The department of Health may not adopt any rule that
 1677  alters the provisions of this section.
 1678         (d) The department of Health must allow county health
 1679  departments and qualified contractors access to the
 1680  environmental health database to track relevant information and
 1681  assimilate data from assessment and evaluation reports of the
 1682  overall condition of onsite sewage treatment and disposal
 1683  systems. The environmental health database must be used by
 1684  contractors to report each service and evaluation event and by a
 1685  county health department to notify owners of onsite sewage
 1686  treatment and disposal systems when evaluations are due. Data
 1687  and information must be recorded and updated as service and
 1688  evaluations are conducted and reported.
 1689         Section 19. Subsection (1) of section 381.0068, Florida
 1690  Statutes, is amended to read:
 1691         381.0068 Technical review and advisory panel.—
 1692         (1) The Department of Environmental Protection Health shall
 1693  establish and staff a technical review and advisory panel to
 1694  assist the department with rule adoption.
 1695         Section 20. Except as otherwise expressly provided in this
 1696  act, this act shall take effect July 1, 2019.