Florida Senate - 2020                                     SB 712
       
       
        
       By Senator Mayfield
       
       
       
       
       
       17-00724A-20                                           2020712__
    1                        A bill to be entitled                      
    2         An act relating to water quality improvements;
    3         providing a short title; requiring the Department of
    4         Environmental Protection, in coordination with the
    5         Department of Health, to develop a report to be
    6         submitted to the Legislature by a specified date on
    7         the impacts of a type two transfer of the onsite
    8         sewage program of the Department of Health to the
    9         Department of Environmental Protection; providing
   10         requirements for the report; amending s. 373.4131,
   11         F.S.; clarifying the duty of the Department of
   12         Environmental Protection to adopt, in coordination
   13         with the water management districts, specified
   14         statewide environmental resource permitting rules;
   15         directing the water management districts, with
   16         department oversight, to adopt rules for specified
   17         design and performance standards relating to new
   18         development and redevelopment projects; directing the
   19         department to incorporate such rules by reference for
   20         use within the geographic jurisdiction of each water
   21         management district and to amend such rules into the
   22         Environmental Resource Permit Applicant’s Handbook;
   23         providing a rebuttable presumption that certain
   24         stormwater management systems do not cause or
   25         contribute to violations of applicable state water
   26         quality standards; amending s. 373.807, F.S.; revising
   27         the requirements for a basin management action plan
   28         for an Outstanding Florida Spring; prohibiting a local
   29         government from participating in the wastewater grant
   30         program under certain circumstances; providing for
   31         civil and criminal penalties; requiring certain
   32         agricultural operations that fail to adopt a basin
   33         management action plan or an alternative restoration
   34         plan within a specified timeframe to sign a notice of
   35         intent to implement certain practices, measures, or
   36         monitoring; amending s. 373.811, F.S.; conforming a
   37         cross-reference; creating s. 403.0616, F.S.; requiring
   38         the department, subject to legislative appropriation,
   39         to establish a real-time water quality monitoring
   40         program; encouraging the formation of public-private
   41         partnerships; amending s. 403.067, F.S.; requiring
   42         certain agricultural operations that fail to adopt a
   43         basin management action plan or alternative
   44         restoration plan within a specified timeframe to sign
   45         a notice of intent to implement certain practices,
   46         measures, or monitoring; revising requirements for a
   47         basin management action plan; defining the term
   48         “onsite sewage treatment and disposal system”;
   49         requiring a local government, in cooperation with
   50         specified entities, to develop an onsite sewage
   51         treatment and disposal system remediation plan as part
   52         of the basin management action plan under certain
   53         circumstances; providing requirements for such plan;
   54         requiring local stakeholders to consider certain
   55         elements as part of its alternative restoration plan;
   56         providing for civil and criminal penalties; creating
   57         s. 403.0673, F.S.; establishing a wastewater grant
   58         program within the Department of Environmental
   59         Protection; authorizing the department to distribute
   60         appropriated funds for certain projects; providing
   61         requirements for the distribution; requiring the
   62         department to coordinate with each water management
   63         district to identify grant recipients; requiring an
   64         annual report to the Governor and the Legislature by a
   65         specified date; creating s. 403.0771, F.S.; requiring
   66         a wastewater treatment facility to notify customers
   67         within a specified timeframe of unlawful discharges of
   68         raw or partially treated sewage into any waterway or
   69         aquifer; prohibiting a local government that owns such
   70         a plant from participating in the wastewater grant
   71         program until specified actions have taken place;
   72         providing for civil and criminal penalties; requiring
   73         the department to maintain a publicly accessible
   74         website that contains certain information relating to
   75         wastewater treatment facilities; amending s. 403.086,
   76         F.S.; prohibiting facilities for sanitary sewage
   77         disposal from disposing of any waste in the Indian
   78         River Lagoon without first providing advanced waste
   79         treatment; amending s. 403.121, F.S.; increasing the
   80         maximum administrative penalty for certain violations;
   81         providing that such maximum amounts do not apply to
   82         violations of a basin management action plan or
   83         certain wastewater discharges; amending s. 403.814,
   84         F.S.; revising requirements for a general permit for
   85         the construction, alteration, and maintenance of a
   86         stormwater management system; amending s. 403.9337,
   87         F.S.; providing for civil and criminal penalties for a
   88         local government that fails to adopt, enact, and
   89         implement a specified ordinance by a specified date;
   90         requiring the Department of Environmental Protection
   91         to revise basin management action plans by a specified
   92         date; authorizing the department to grant an extension
   93         to a local government upon a showing of good cause;
   94         providing a declaration of important state interest;
   95         providing effective dates.
   96          
   97  Be It Enacted by the Legislature of the State of Florida:
   98  
   99         Section 1. This act may be cited as the “Clean Waterways
  100  Act.”
  101         Section 2. The Department of Environmental Protection, in
  102  coordination with the Department of Health, shall develop a
  103  report for presentation to the Legislature by July 1, 2021,
  104  which addresses the impacts of a type two transfer of the
  105  Department of Health’s onsite sewage program to the Department
  106  of Environmental Protection for the regulation of onsite sewage
  107  treatment and disposal systems. The report must include
  108  suggested revisions to state law, including both of the
  109  following:
  110         (1)Budgetary changes that would need to be addressed to
  111  complete the type two transfer.
  112         (2)Recommended language to address the nutrient pollution
  113  caused by onsite sewage treatment systems.
  114         Section 3.  Subsections (1) and (3) of section 373.4131,
  115  Florida Statutes, are amended to read:
  116         373.4131 Statewide environmental resource permitting
  117  rules.—
  118         (1) The department shall initiate rulemaking to adopt, in
  119  coordination with the water management districts, statewide
  120  environmental resource permitting rules governing the
  121  construction, alteration, operation, maintenance, repair,
  122  abandonment, and removal of any stormwater management system,
  123  dam, impoundment, reservoir, appurtenant work, works, or any
  124  combination thereof, under this part.
  125         (a) The rules must provide for statewide, consistent
  126  regulation of activities under this part and must include, at a
  127  minimum:
  128         1. Criteria and thresholds for requiring permits.
  129         2. Types of permits.
  130         3. Procedures governing the review of applications and
  131  notices, duration and modification of permits, operational
  132  requirements, transfers of permits, provisions for emergencies,
  133  and provisions for abandonment and removal of systems.
  134         4. Exemptions and general permits that do not allow
  135  significant adverse impacts to occur individually or
  136  cumulatively.
  137         5. Conditions for issuance.
  138         6. General permit conditions, including monitoring,
  139  inspection, and reporting requirements.
  140         7. Standardized fee categories for activities under this
  141  part to promote consistency. The department and water management
  142  districts may amend fee rules to reflect the standardized fee
  143  categories but are not required to adopt identical fees for
  144  those categories.
  145         8. Application, notice, and reporting forms. To the maximum
  146  extent practicable, the department and water management
  147  districts shall provide for electronic submittal of forms and
  148  notices.
  149         9. An applicant’s handbook that, at a minimum, contains
  150  general program information, application and review procedures,
  151  a specific discussion of how environmental criteria are
  152  evaluated, and discussion of stormwater quality and quantity
  153  criteria.
  154         (b) The rules must provide for a conceptual permit for a
  155  municipality or county that creates a stormwater management
  156  master plan for urban infill and redevelopment areas or
  157  community redevelopment areas created under chapter 163. Upon
  158  approval by the department or water management district, the
  159  master plan shall become part of the conceptual permit issued by
  160  the department or water management district. The rules must
  161  additionally provide for an associated general permit for the
  162  construction and operation of urban redevelopment projects that
  163  meet the criteria established in the conceptual permit. The
  164  following requirements must also be met:
  165         1. The conceptual permit and associated general permit must
  166  not conflict with the requirements of a federally approved
  167  program pursuant to s. 403.0885 or with the implementation of s.
  168  403.067(7) regarding total maximum daily loads and basin
  169  management action plans.
  170         2. Before a conceptual permit is approved granted, the
  171  municipality or county must assert that stormwater discharges
  172  from the urban redevelopment area do not cause or contribute to
  173  violations of water quality standards by demonstrating a net
  174  improvement in the quality of the discharged water existing on
  175  the date the conceptual permit is approved.
  176         3. The conceptual permit may not expire for at least 20
  177  years unless a shorter duration is requested and must include an
  178  option to renew.
  179         4. The conceptual permit must describe the rate and volume
  180  of stormwater discharges from the urban redevelopment area,
  181  including the maximum rate and volume of stormwater discharges
  182  as of the date the conceptual permit is approved.
  183         5. The conceptual permit must contain provisions regarding
  184  the use of stormwater best management practices and must ensure
  185  that stormwater management systems constructed within the urban
  186  redevelopment area are operated and maintained in compliance
  187  with s. 373.416.
  188         (c) The rules must rely primarily on the rules of the
  189  department and water management districts in effect immediately
  190  prior to the effective date of this section, except that the
  191  department may:
  192         1. Reconcile differences and conflicts to achieve a
  193  consistent statewide approach.
  194         2. Account for different physical or natural
  195  characteristics, including special basin considerations, of
  196  individual water management districts.
  197         3. Implement additional permit streamlining measures.
  198         (d) The application of the rules must continue to be
  199  governed by the first sentence of s. 70.001(12).
  200         (3)(a) The water management districts, with department
  201  oversight, shall may continue to adopt rules governing design
  202  and performance standards for stormwater quality and quantity,
  203  including design and performance standards that increase the
  204  removal of nutrients from stormwater discharges from all new
  205  development and redevelopment projects. and The department shall
  206  may incorporate the design and performance standards by
  207  reference for use within the geographic jurisdiction of each
  208  district to ensure that new pollutant loadings are not
  209  discharged into impaired water bodies. By December 1, 2020, the
  210  department and water management districts shall amend the
  211  Environmental Resource Permit Applicant’s Handbook to include
  212  revised best management practices design criteria and low-impact
  213  design best management practices and design criteria that
  214  increase the removal of nutrients from stormwater discharges
  215  emanating from all new development and redevelopment projects,
  216  and measures for consistent application of the net improvement
  217  performance standard to ensure that new pollutant loadings are
  218  not discharged into impaired water bodies.
  219         (b) If a stormwater management system is designed in
  220  accordance with the stormwater treatment requirements and best
  221  management practices design and operation criteria adopted by
  222  the department or a water management district under this part,
  223  there is a rebuttable presumption that the stormwater management
  224  system does the system design is presumed not to cause or
  225  contribute to violations of applicable state water quality
  226  standards.
  227         (c) If a stormwater management system is constructed,
  228  operated, and maintained for stormwater treatment in accordance
  229  with a valid permit or exemption under this part, there is a
  230  rebuttable presumption that the stormwater management discharged
  231  from the system does is presumed not to cause or contribute to
  232  violations of applicable state water quality standards.
  233         Section 4. Section 373.807, Florida Statutes, is amended to
  234  read:
  235         373.807 Protection of water quality in Outstanding Florida
  236  Springs.—By July 1, 2016, the department shall initiate
  237  assessment, pursuant to s. 403.067(3), of Outstanding Florida
  238  Springs or spring systems for which an impairment determination
  239  has not been made under the numeric nutrient standards in effect
  240  for spring vents. Assessments must be completed by July 1, 2018.
  241         (1)(a) Concurrent with the adoption of a nutrient total
  242  maximum daily load for an Outstanding Florida Spring, the
  243  department, or the department in conjunction with a water
  244  management district, shall initiate development of a basin
  245  management action plan, as specified in s. 403.067. For an
  246  Outstanding Florida Spring with a nutrient total maximum daily
  247  load adopted before July 1, 2016, the department, or the
  248  department in conjunction with a water management district,
  249  shall initiate development of a basin management action plan by
  250  July 1, 2016. During the development of a basin management
  251  action plan, if the department identifies onsite sewage
  252  treatment and disposal systems as contributors of at least 20
  253  percent of nonpoint source nutrient nitrogen pollution or if the
  254  department determines remediation is necessary to achieve the
  255  total maximum daily load, the basin management action plan shall
  256  include an onsite sewage treatment and disposal system
  257  remediation plan pursuant to s. 403.067(7)(d) subsection (3) for
  258  those systems identified as requiring remediation.
  259         (b) A basin management action plan for an Outstanding
  260  Florida Spring shall be adopted within 2 years after its
  261  initiation and must include, at a minimum:
  262         1. A list of all specific projects and programs identified
  263  to implement a nutrient total maximum daily load;
  264         2. A list of all specific projects identified in any
  265  incorporated onsite sewage treatment and disposal system
  266  remediation plan, if applicable;
  267         3. A priority rank for each listed project. The priority
  268  ranking shall be based on the estimated reduction in nutrient
  269  load per project, project readiness, cost effectiveness, overall
  270  environmental benefit, location within the plan area, local
  271  matching funds, and water savings or quantity improvements;
  272         4. For each listed project, a planning level cost estimate,
  273  and the estimated date of completion, and any onsite sewage
  274  treatment and disposal system remediation plan as specified in
  275  s. 403.067(7)(d). Each plan must include deadlines and is
  276  subject to penalties required under s. 403.067;
  277         5. The source and amount of financial assistance to be made
  278  available by the department, a water management district, or
  279  other entity for each listed project;
  280         6. An estimate of each listed project’s nutrient load
  281  reduction;
  282         7. Identification of each point source or category of
  283  nonpoint sources, including, but not limited to, urban turf
  284  fertilizer, sports turf fertilizer, agricultural fertilizer,
  285  onsite sewage treatment and disposal systems, wastewater
  286  treatment facilities, animal wastes, and stormwater facilities.
  287  An estimated allocation of the pollutant load must be provided
  288  for each point source or category of nonpoint sources; and
  289         8. An implementation plan designed with a target to achieve
  290  the nutrient total maximum daily load no more than 20 years
  291  after the adoption of a basin management action plan.
  292  
  293  The department shall develop a schedule establishing 5-year, 10
  294  year, and 15-year targets for achieving the nutrient total
  295  maximum daily load. The schedule shall be used to provide
  296  guidance for planning and funding purposes and is exempt from
  297  chapter 120.
  298         (c) For a basin management action plan adopted before July
  299  1, 2016, which addresses an Outstanding Florida Spring, the
  300  department or the department in conjunction with a water
  301  management district must revise the plan if necessary to comply
  302  with this section by July 1, 2018.
  303         (d) A local government may apply to the department for a
  304  single extension of up to 5 years for any project in an adopted
  305  basin management action plan. A local government in a rural area
  306  of opportunity, as defined in s. 288.0656, may apply for a
  307  single extension of up to 10 years for such a project. The
  308  department may grant the extension if the local government
  309  provides to the department sufficient evidence that an extension
  310  is in the best interest of the public.
  311         (2) By July 1, 2021 2017, each local government, as defined
  312  in s. 373.802(2), that has not adopted an ordinance pursuant to
  313  s. 403.9337, shall develop, enact, and implement an ordinance
  314  pursuant to that section. It is the intent of the Legislature
  315  that ordinances required to be adopted under this subsection
  316  reflect the latest scientific information, advancements, and
  317  technological improvements in the industry. A local government
  318  that fails to adopt, enact, and implement this subsection is
  319  subject to a penalty as provided in ss. 403.121, 403.141, and
  320  403.161 daily and may not participate in the wastewater grant
  321  program established under s. 403.0673 until such time as the
  322  ordinance has been adopted, enacted, and implemented. In
  323  implementing the ordinance, a local government shall conduct
  324  educational campaigns, enforcement programs, and mandatory
  325  notification of property owners subject to the ordinance, and
  326  shall submit a report on its implementation efforts to the
  327  department for publication on the department’s website.
  328         (3)If a basin management action plan or an alternative
  329  restoration plan has not been adopted within 90 days after the
  330  adoption of a nutrient total maximum daily load for an
  331  Outstanding Florida Spring, agricultural operations located
  332  within the associated Water Body Identification Number shall
  333  sign a notice of intent to implement the applicable agricultural
  334  best management practices or other measures adopted by the
  335  Department of Agriculture and Consumer Services pursuant to s.
  336  403.067(7)(c) or conduct water quality monitoring as prescribed
  337  by the department or a water management district. Such
  338  agricultural operations may be subject to enforcement action by
  339  the department or a water management district based upon a
  340  failure to comply with this subsection.
  341         (3)As part of a basin management action plan that includes
  342  an Outstanding Florida Spring, the department, the Department of
  343  Health, relevant local governments, and relevant local public
  344  and private wastewater utilities shall develop an onsite sewage
  345  treatment and disposal system remediation plan for a spring if
  346  the department determines onsite sewage treatment and disposal
  347  systems within a priority focus area contribute at least 20
  348  percent of nonpoint source nitrogen pollution or if the
  349  department determines remediation is necessary to achieve the
  350  total maximum daily load. The plan shall identify cost-effective
  351  and financially feasible projects necessary to reduce the
  352  nutrient impacts from onsite sewage treatment and disposal
  353  systems and shall be completed and adopted as part of the basin
  354  management action plan no later than the first 5-year milestone
  355  required by subparagraph (1)(b)8. The department is the lead
  356  agency in coordinating the preparation of and the adoption of
  357  the plan. The department shall:
  358         (a)Collect and evaluate credible scientific information on
  359  the effect of nutrients, particularly forms of nitrogen, on
  360  springs and springs systems; and
  361         (b)Develop a public education plan to provide area
  362  residents with reliable, understandable information about onsite
  363  sewage treatment and disposal systems and springs.
  364  
  365  In addition to the requirements in s. 403.067, the plan shall
  366  include options for repair, upgrade, replacement, drainfield
  367  modification, addition of effective nitrogen reducing features,
  368  connection to a central sewerage system, or other action for an
  369  onsite sewage treatment and disposal system or group of systems
  370  within a priority focus area that contribute at least 20 percent
  371  of nonpoint source nitrogen pollution or if the department
  372  determines remediation is necessary to achieve a total maximum
  373  daily load. For these systems, the department shall include in
  374  the plan a priority ranking for each system or group of systems
  375  that requires remediation and shall award funds to implement the
  376  remediation projects contingent on an appropriation in the
  377  General Appropriations Act, which may include all or part of the
  378  costs necessary for repair, upgrade, replacement, drainfield
  379  modification, addition of effective nitrogen reducing features,
  380  initial connection to a central sewerage system, or other
  381  action. In awarding funds, the department may consider expected
  382  nutrient reduction benefit per unit cost, size and scope of
  383  project, relative local financial contribution to the project,
  384  and the financial impact on property owners and the community.
  385  The department may waive matching funding requirements for
  386  proposed projects within an area designated as a rural area of
  387  opportunity under s. 288.0656.
  388         (4) The department shall provide notice to a local
  389  government of all permit applicants under s. 403.814(12) in a
  390  priority focus area of an Outstanding Florida Spring over which
  391  the local government has full or partial jurisdiction.
  392         Section 5. Subsection (2) of section 373.811, Florida
  393  Statutes, is amended to read:
  394         373.811 Prohibited activities within a priority focus
  395  area.—The following activities are prohibited within a priority
  396  focus area in effect for an Outstanding Florida Spring:
  397         (2) New onsite sewage treatment and disposal systems on
  398  lots of less than 1 acre, if the addition of the specific
  399  systems conflicts with an onsite treatment and disposal system
  400  remediation plan incorporated into a basin management action
  401  plan in accordance with s. 403.067(7)(d) s. 373.807(3).
  402         Section 6. Section 403.0616, Florida Statutes, is created
  403  to read:
  404         403.0616Real-time water quality monitoring program.–
  405         (1) Subject to appropriation, the department shall
  406  establish a real-time water quality monitoring program to assist
  407  in the restoration, preservation, and enhancement of impaired
  408  waterbodies and coastal resources.
  409         (2)In order to expedite the creation and implementation of
  410  the program, the department is encouraged to form public-private
  411  partnerships with established scientific entities with existing,
  412  proven real-time water quality monitoring equipment and
  413  experience in deploying such equipment.
  414         Section 7. Present paragraph (d) of subsection (7) of
  415  section 403.067, Florida Statutes, is redesignated as paragraph
  416  (f), a new paragraph (d) and paragraph (e) are added to that
  417  subsection, paragraph (a) of that subsection is amended, and
  418  paragraph (d) is added to subsection (3) of that section, to
  419  read:
  420         403.067 Establishment and implementation of total maximum
  421  daily loads.—
  422         (3) ASSESSMENT.—
  423         (d)If a basin management action plan or an alternative
  424  restoration plan has not been adopted within 90 days after the
  425  adoption of a total maximum daily load for a water body or water
  426  body segment, agricultural operations located within the
  427  associated Water Body Identification Number must sign a notice
  428  of intent to implement the applicable agricultural best
  429  management practices or other measures adopted by the Department
  430  of Agriculture and Consumer Services pursuant to s.
  431  403.067(7)(c) or conduct water quality monitoring as prescribed
  432  by the department or a water management district. Such
  433  agricultural operations may be subject to enforcement action by
  434  the department or a water management district based upon a
  435  failure to comply with this paragraph.
  436         (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
  437  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
  438         (a) Basin management action plans.—
  439         1. In developing and implementing the total maximum daily
  440  load for a water body, the department, or the department in
  441  conjunction with a water management district, may develop a
  442  basin management action plan that addresses some or all of the
  443  watersheds and basins tributary to the water body. Such plan
  444  must integrate the appropriate management strategies available
  445  to the state through existing water quality protection programs
  446  to achieve the total maximum daily loads and may provide for
  447  phased implementation of these management strategies to promote
  448  timely, cost-effective actions as provided for in s. 403.151.
  449  The plan must establish a schedule implementing the management
  450  strategies; provide detailed information for improvement
  451  projects, including descriptions and timelines for completion;,
  452  establish a basis for evaluating the plan’s effectiveness;, and
  453  identify feasible funding strategies for implementing the plan’s
  454  management strategies. The management strategies may include
  455  regional treatment systems or other public works, where
  456  appropriate, and voluntary trading of water quality credits to
  457  achieve the needed pollutant load reductions.
  458         2. A basin management action plan must equitably allocate,
  459  pursuant to paragraph (6)(b), pollutant reductions to individual
  460  basins, as a whole to all basins, or to each identified point
  461  source or category of nonpoint sources, as appropriate. For
  462  nonpoint sources for which best management practices have been
  463  adopted, the initial requirement specified by the plan must be
  464  those practices developed pursuant to paragraph (c). Where
  465  appropriate, the plan may take into account the benefits of
  466  pollutant load reduction achieved by point or nonpoint sources
  467  that have implemented management strategies to reduce pollutant
  468  loads, including best management practices, before the
  469  development of the basin management action plan. The plan must
  470  also identify the mechanisms that will address potential future
  471  increases in pollutant loading.
  472         3. The basin management action planning process is intended
  473  to involve the broadest possible range of interested parties,
  474  with the objective of encouraging the greatest amount of
  475  cooperation and consensus possible. In developing a basin
  476  management action plan, the department shall assure that key
  477  stakeholders, including, but not limited to, applicable local
  478  governments, water management districts, the Department of
  479  Agriculture and Consumer Services, other appropriate state
  480  agencies, local soil and water conservation districts,
  481  environmental groups, regulated interests, and affected
  482  pollution sources, are invited to participate in the process.
  483  The department shall hold at least one public meeting in the
  484  vicinity of the watershed or basin to discuss and receive
  485  comments during the planning process and shall otherwise
  486  encourage public participation to the greatest practicable
  487  extent. Notice of the public meeting must be published in a
  488  newspaper of general circulation in each county in which the
  489  watershed or basin lies not less than 5 days nor more than 15
  490  days before the public meeting. A basin management action plan
  491  does not supplant or otherwise alter any assessment made under
  492  subsection (3) or subsection (4) or any calculation or initial
  493  allocation.
  494         4. Each new or revised basin management action plan shall
  495  include:
  496         a. The appropriate management strategies available through
  497  existing water quality protection programs to achieve total
  498  maximum daily loads, which may provide for phased implementation
  499  to promote timely, cost-effective actions as provided for in s.
  500  403.151;
  501         b. A description of best management practices adopted by
  502  rule;
  503         c. A list of projects in priority ranking with a planning
  504  level cost estimate and estimated date of completion for each
  505  listed project. The priority ranking must be based on the
  506  estimated reduction in nutrient load per project, project
  507  readiness, cost-effectiveness, overall environmental benefit,
  508  location within the plan area, local matching funds, and water
  509  savings or quantity improvements;
  510         d. The source and amount of financial assistance to be made
  511  available by the department, a water management district, or
  512  other entity for each listed project, if applicable; and
  513         e. A planning-level estimate of each listed project’s
  514  expected load reduction, if applicable.
  515         5. The department shall adopt all or any part of a basin
  516  management action plan and any amendment to such plan by
  517  secretarial order pursuant to chapter 120 to implement the
  518  provisions of this section.
  519         6. The basin management action plan must include milestones
  520  for implementation and water quality improvement, and an
  521  associated water quality monitoring component sufficient to
  522  evaluate whether reasonable progress in pollutant load
  523  reductions is being achieved over time. An assessment of
  524  progress toward these milestones shall be conducted every 5
  525  years, and revisions to the plan shall be made as appropriate.
  526  Revisions to the basin management action plan shall be made by
  527  the department in cooperation with basin stakeholders. Revisions
  528  to the management strategies required for nonpoint sources must
  529  follow the procedures set forth in subparagraph (c)4. Revised
  530  basin management action plans must be adopted pursuant to
  531  subparagraph 5.
  532         7. In accordance with procedures adopted by rule under
  533  paragraph (9)(c), basin management action plans, and other
  534  pollution control programs under local, state, or federal
  535  authority as provided in subsection (4), may allow point or
  536  nonpoint sources that will achieve greater pollutant reductions
  537  than required by an adopted total maximum daily load or
  538  wasteload allocation to generate, register, and trade water
  539  quality credits for the excess reductions to enable other
  540  sources to achieve their allocation; however, the generation of
  541  water quality credits does not remove the obligation of a source
  542  or activity to meet applicable technology requirements or
  543  adopted best management practices. Such plans must allow trading
  544  between NPDES permittees, and trading that may or may not
  545  involve NPDES permittees, where the generation or use of the
  546  credits involve an entity or activity not subject to department
  547  water discharge permits whose owner voluntarily elects to obtain
  548  department authorization for the generation and sale of credits.
  549         8. The provisions of the department’s rule relating to the
  550  equitable abatement of pollutants into surface waters do not
  551  apply to water bodies or water body segments for which a basin
  552  management plan that takes into account future new or expanded
  553  activities or discharges has been adopted under this section.
  554         (d)Onsite sewage treatment and disposal systems.
  555         1.For purposes of this paragraph, the term “onsite sewage
  556  treatment and disposal system” has the same meaning as in s.
  557  381.0065.
  558         2.a.As part of a basin management action plan, the
  559  department, the Department of Health, relevant local
  560  governments, and relevant local public and private wastewater
  561  utilities shall develop an onsite sewage treatment and disposal
  562  system remediation plan if the department identifies onsite
  563  sewage treatment and disposal systems as contributors of at
  564  least 20 percent of nonpoint source nutrient pollution or if the
  565  department determines that remediation is necessary to achieve a
  566  total maximum daily load.
  567         b.In order to promote cost-effective remediation, the
  568  department may identify one or more onsite sewage treatment and
  569  disposal system priority focus areas. The department shall
  570  identify these areas by considering soil conditions; groundwater
  571  or surface water travel time; proximity to surface waters,
  572  including predominantly marine waters as defined by department
  573  rule; hydrogeology; onsite system density; nutrient load; and
  574  other factors that may lead to water quality degradation. For
  575  basin management action plans not governed by part VIII of
  576  chapter 373, an onsite sewage treatment and disposal system
  577  priority focus area means the area or areas of a basin where the
  578  groundwater or surface water is generally most vulnerable to
  579  pollutant inputs where there is a known connectivity between
  580  groundwater pathways and an impaired water body, as determined
  581  by the department in consultation with the appropriate water
  582  management districts and delineated in a basin management action
  583  plan.
  584         c.The remediation plan must identify cost-effective and
  585  financially feasible projects necessary to reduce the nutrient
  586  impacts from onsite sewage treatment and disposal systems. The
  587  plan shall be completed and adopted as part of the basin
  588  management action plan no later than the first 5-year milestone
  589  assessment identified in subparagraph (a)6., for basin
  590  management action plans generally, or as required in s.
  591  373.807(1)(b)8., for Outstanding Florida Springs. Before
  592  adopting the plan, the department shall hold one or more
  593  publicly noticed meetings to receive input on the plan from the
  594  general public. The plan shall include options for repair,
  595  upgrade, replacement, drainfield modification, addition of
  596  effective nitrogen reducing features, connection to a central
  597  sewerage system, or other action for an onsite sewage treatment
  598  and disposal system or group of systems. The department is the
  599  lead agency in coordinating the preparation and adoption of the
  600  plan. The department shall:
  601         I.Collect and evaluate credible scientific information on
  602  the effect of nutrients, particularly forms of nitrogen, on
  603  springs and springs systems; and
  604         II.Develop a public education plan to provide area
  605  residents with reliable, understandable information about onsite
  606  sewage treatment and disposal systems and springs.
  607         d.In addition to any other restrictions required to
  608  achieve the total maximum daily load, the department may impose
  609  any of the restrictions in s. 373.811 within any onsite sewage
  610  treatment disposal priority focus area.
  611         e.If a local government fails to meet the timelines or
  612  comply with the requirements of the onsite sewage treatment and
  613  disposal system remediation plan, the local government may not
  614  participate in the wastewater grant program established under s.
  615  403.0673 until the actions in the remediation plan have been
  616  completed. In addition, the department shall, unless good cause
  617  is shown, assess penalties pursuant to ss. 403.121, 403.141, and
  618  403.161 until the actions in the remediation plan have been
  619  completed. The department may reduce penalties based on
  620  expenditures designed to achieve compliance with the remediation
  621  plan.
  622         (e)Alternative restoration plan.
  623         1.As part of its alternative restoration plan for a water
  624  body, the local stakeholders proposing the plan must consider:
  625         a.The implementation of agricultural best management
  626  practices or monitoring for nonpoint sources of pollution in
  627  accordance with paragraph (c);
  628         b.The implementation of an onsite sewage treatment and
  629  disposal system remediation plan where such remediation is
  630  necessary to restore the water body in accordance with paragraph
  631  (e); and
  632         c.The adoption of advanced waste treatment levels or
  633  higher water quality effluent standards for wastewater treatment
  634  plants.
  635         2.In addition, the restoration plan must include any other
  636  pollution control mechanisms that are being implemented to
  637  demonstrate a reasonable assurance that existing or proposed
  638  pollution control mechanisms or programs will effectively
  639  address the impairment. Upon adoption of such a restoration
  640  plan, the requirement that best management practices or
  641  monitoring be conducted within the watershed impacting the water
  642  body is enforceable pursuant to this section and ss. 403.121,
  643  403.141, and 403.161.
  644         Section 8. Section 403.0673, Florida Statutes, is created
  645  to read:
  646         403.0673Wastewater grant program.—A wastewater grant
  647  program is established within the Department of Environmental
  648  Protection.
  649         (1)Subject to the appropriation of funds by the
  650  Legislature, the department may provide grants for projects that
  651  will individually or collectively reduce excess nutrient
  652  pollution within a basin management action plan or an
  653  alternative restoration plan adopted by final order for all of
  654  the following:
  655         (a)Projects to retrofit onsite sewage treatment and
  656  disposal systems to upgrade them to nutrient-reducing onsite
  657  sewage treatment and disposal systems.
  658         (b)Projects to construct, upgrade, or expand facilities to
  659  provide advanced waste treatment, as defined in s. 403.086(4).
  660         (c)Projects to connect onsite sewage treatment and
  661  disposal systems to central sewer facilities.
  662         (2)In allocating such funds, priority must be given to
  663  projects that subsidize the connection of onsite sewage
  664  treatment and disposal systems to a wastewater treatment plant.
  665  In determining priorities, the department shall consider the
  666  estimated reduction in nutrient load per project; project
  667  readiness; cost-effectiveness of the project; overall
  668  environmental benefit of a project; the location of a project
  669  within the plan area; the availability of local matching funds;
  670  and projected water savings or quantity improvements associated
  671  with a project.
  672         (3)Each grant for a project described in subsection (1)
  673  must require a minimum of a 50 percent local match of funds.
  674  However, the department may, at its discretion, waive, in whole
  675  or in part, this consideration of the local contribution for
  676  proposed projects within an area designated as a rural area of
  677  opportunity under s. 288.0656.
  678         (4)The department shall coordinate with each water
  679  management district, as necessary, to identify grant recipients
  680  in each district.
  681         (5)Beginning January 1, 2021, and each January 1
  682  thereafter, the department shall submit a report regarding the
  683  projects funded pursuant to this section to the Governor, the
  684  President of the Senate, and the Speaker of the House of
  685  Representatives.
  686         Section 9. Section 403.0771, Florida Statutes, is created
  687  to read:
  688         403.0771 Sewage spill notification; moratorium.—
  689         (1)In addition to the public notification requirements of
  690  s. 403.077, a wastewater treatment facility that unlawfully
  691  discharges raw or partially treated sewage into any waterway or
  692  aquifer must, within 24 hours after discovering the discharge,
  693  notify its customers that the discharge has occurred.
  694         (2)If a wastewater treatment facility owned by a local
  695  government unlawfully discharges raw or partially treated sewage
  696  into any waterway or aquifer, the local government may not
  697  participate in the wastewater grant program established under s.
  698  403.0673 until any required maintenance, repair, or improvement
  699  has been implemented to reduce or eliminate sanitary sewage
  700  overflows, as determined by the department. In addition, the
  701  department shall assess a penalty pursuant to ss. 403.121,
  702  403.141, and 403.161 daily against a public or private
  703  wastewater facility that unlawfully discharges raw or partially
  704  treated sewage into any waterway or aquifer until the required
  705  maintenance, repair, or improvement has been implemented. The
  706  department may reduce a penalty based on the wastewater
  707  treatment facility’s investment in assessment and maintenance
  708  activities to identify and address conditions that may cause
  709  sanitary sewage overflows.
  710         (3)The department shall maintain a publicly accessible
  711  website that includes any current consent orders applicable to a
  712  wastewater treatment facility entered into as a result of
  713  sanitary sewer overflows, as well as any reports filed by the
  714  facility in accordance with open consent orders.
  715         Section 10. Effective July 1, 2025, paragraph (c) of
  716  subsection (1) of section 403.086, Florida Statutes, is amended
  717  to read:
  718         403.086 Sewage disposal facilities; advanced and secondary
  719  waste treatment.—
  720         (1)
  721         (c) Notwithstanding any other provisions of this chapter or
  722  chapter 373, facilities for sanitary sewage disposal may not
  723  dispose of any wastes into Old Tampa Bay, Tampa Bay,
  724  Hillsborough Bay, Boca Ciega Bay, St. Joseph Sound, Clearwater
  725  Bay, Sarasota Bay, Little Sarasota Bay, Roberts Bay, Lemon Bay,
  726  or Charlotte Harbor Bay, Indian River Lagoon, or into any river,
  727  stream, channel, canal, bay, bayou, sound, or other water
  728  tributary thereto, without providing advanced waste treatment,
  729  as defined in subsection (4), approved by the department. This
  730  paragraph shall not apply to facilities which were permitted by
  731  February 1, 1987, and which discharge secondary treated
  732  effluent, followed by water hyacinth treatment, to tributaries
  733  of tributaries of the named waters; or to facilities permitted
  734  to discharge to the nontidally influenced portions of the Peace
  735  River.
  736         Section 11. Paragraphs (b) and (g) of subsection (2) and
  737  subsections (3), (8), and (9) of section 403.121, Florida
  738  Statutes, are amended, and subsection (13) is added to that
  739  section, to read:
  740         403.121 Enforcement; procedure; remedies.—The department
  741  shall have the following judicial and administrative remedies
  742  available to it for violations of this chapter, as specified in
  743  s. 403.161(1).
  744         (2) Administrative remedies:
  745         (b) If the department has reason to believe a violation has
  746  occurred, it may institute an administrative proceeding to order
  747  the prevention, abatement, or control of the conditions creating
  748  the violation or other appropriate corrective action. Except for
  749  violations involving hazardous wastes, asbestos, or underground
  750  injection, the department shall proceed administratively in all
  751  cases in which the department seeks administrative penalties
  752  that do not exceed $20,000 $10,000 per assessment as calculated
  753  in accordance with subsections (3), (4), (5), (6), and (7).
  754  Pursuant to 42 U.S.C. s. 300g-2, the administrative penalty
  755  assessed pursuant to subsection (3), subsection (4), or
  756  subsection (5) against a public water system serving a
  757  population of more than 10,000 shall be not less than $1,000 per
  758  day per violation. The department shall not impose
  759  administrative penalties in excess of $20,000 $10,000 in a
  760  notice of violation. The department shall not have more than one
  761  notice of violation seeking administrative penalties pending
  762  against the same party at the same time unless the violations
  763  occurred at a different site or the violations were discovered
  764  by the department subsequent to the filing of a previous notice
  765  of violation.
  766         (g) Nothing herein shall be construed as preventing any
  767  other legal or administrative action in accordance with law.
  768  Nothing in this subsection shall limit the department’s
  769  authority provided in ss. 403.131, 403.141, and this section to
  770  judicially pursue injunctive relief. When the department
  771  exercises its authority to judicially pursue injunctive relief,
  772  penalties in any amount up to the statutory maximum sought by
  773  the department must be pursued as part of the state court action
  774  and not by initiating a separate administrative proceeding. The
  775  department retains the authority to judicially pursue penalties
  776  in excess of $20,000 $10,000 for violations not specifically
  777  included in the administrative penalty schedule, or for multiple
  778  or multiday violations alleged to exceed a total of $20,000
  779  $10,000. The department also retains the authority provided in
  780  ss. 403.131, 403.141, and this section to judicially pursue
  781  injunctive relief and damages, if a notice of violation seeking
  782  the imposition of administrative penalties has not been issued.
  783  The department has the authority to enter into a settlement,
  784  either before or after initiating a notice of violation, and the
  785  settlement may include a penalty amount different from the
  786  administrative penalty schedule. Any case filed in state court
  787  because it is alleged to exceed a total of $20,000 $10,000 in
  788  penalties may be settled in the court action for less than
  789  $20,000 $10,000.
  790         (3) Except for violations involving hazardous wastes,
  791  asbestos, or underground injection, or unpermitted wastewater
  792  discharges that result in a water quality violation,
  793  administrative penalties must be calculated according to the
  794  following schedule:
  795         (a) For a drinking water contamination violation, the
  796  department shall assess a penalty of $2,000 for a Maximum
  797  Containment Level (MCL) violation; plus $1,000 if the violation
  798  is for a primary inorganic, organic, or radiological Maximum
  799  Contaminant Level or it is a fecal coliform bacteria violation;
  800  plus $1,000 if the violation occurs at a community water system;
  801  and plus $1,000 if any Maximum Contaminant Level is exceeded by
  802  more than 100 percent. For failure to obtain a clearance letter
  803  prior to placing a drinking water system into service when the
  804  system would not have been eligible for clearance, the
  805  department shall assess a penalty of $3,000.
  806         (b) For failure to obtain a required wastewater permit,
  807  other than a permit required for surface water discharge, the
  808  department shall assess a penalty of $1,000. For a domestic or
  809  industrial wastewater violation not involving a surface water or
  810  groundwater quality violation, the department shall assess a
  811  penalty of $2,000 for an unpermitted or unauthorized discharge
  812  or effluent-limitation exceedance. For an unpermitted or
  813  unauthorized discharge or effluent-limitation exceedance that
  814  resulted in a surface water or groundwater quality violation,
  815  the department shall assess a penalty of $5,000.
  816         (c) For a dredge and fill or stormwater violation, the
  817  department shall assess a penalty of $1,000 for unpermitted or
  818  unauthorized dredging or filling or unauthorized construction of
  819  a stormwater management system against the person or persons
  820  responsible for the illegal dredging or filling, or unauthorized
  821  construction of a stormwater management system plus $2,000 if
  822  the dredging or filling occurs in an aquatic preserve,
  823  Outstanding Florida Water, conservation easement, or Class I or
  824  Class II surface water, plus $1,000 if the area dredged or
  825  filled is greater than one-quarter acre but less than or equal
  826  to one-half acre, and plus $1,000 if the area dredged or filled
  827  is greater than one-half acre but less than or equal to one
  828  acre. The administrative penalty schedule shall not apply to a
  829  dredge and fill violation if the area dredged or filled exceeds
  830  one acre. The department retains the authority to seek the
  831  judicial imposition of civil penalties for all dredge and fill
  832  violations involving more than one acre. The department shall
  833  assess a penalty of $3,000 for the failure to complete required
  834  mitigation, failure to record a required conservation easement,
  835  or for a water quality violation resulting from dredging or
  836  filling activities, stormwater construction activities or
  837  failure of a stormwater treatment facility. For stormwater
  838  management systems serving less than 5 acres, the department
  839  shall assess a penalty of $2,000 for the failure to properly or
  840  timely construct a stormwater management system. In addition to
  841  the penalties authorized in this subsection, the department
  842  shall assess a penalty of $5,000 per violation against the
  843  contractor or agent of the owner or tenant that conducts
  844  unpermitted or unauthorized dredging or filling. For purposes of
  845  this paragraph, the preparation or signing of a permit
  846  application by a person currently licensed under chapter 471 to
  847  practice as a professional engineer shall not make that person
  848  an agent of the owner or tenant.
  849         (d) For mangrove trimming or alteration violations, the
  850  department shall assess a penalty of $5,000 per violation
  851  against the contractor or agent of the owner or tenant that
  852  conducts mangrove trimming or alteration without a permit as
  853  required by s. 403.9328. For purposes of this paragraph, the
  854  preparation or signing of a permit application by a person
  855  currently licensed under chapter 471 to practice as a
  856  professional engineer shall not make that person an agent of the
  857  owner or tenant.
  858         (e) For solid waste violations, the department shall assess
  859  a penalty of $2,000 for the unpermitted or unauthorized disposal
  860  or storage of solid waste; plus $1,000 if the solid waste is
  861  Class I or Class III (excluding yard trash) or if the solid
  862  waste is construction and demolition debris in excess of 20
  863  cubic yards, plus $1,000 if the waste is disposed of or stored
  864  in any natural or artificial body of water or within 500 feet of
  865  a potable water well, plus $1,000 if the waste contains PCB at a
  866  concentration of 50 parts per million or greater; untreated
  867  biomedical waste; friable asbestos greater than 1 cubic meter
  868  which is not wetted, bagged, and covered; used oil greater than
  869  25 gallons; or 10 or more lead acid batteries. The department
  870  shall assess a penalty of $3,000 for failure to properly
  871  maintain leachate control; unauthorized burning; failure to have
  872  a trained spotter on duty at the working face when accepting
  873  waste; failure to provide access control for three consecutive
  874  inspections. The department shall assess a penalty of $2,000 for
  875  failure to construct or maintain a required stormwater
  876  management system.
  877         (f) For an air emission violation, the department shall
  878  assess a penalty of $1,000 for an unpermitted or unauthorized
  879  air emission or an air-emission-permit exceedance, plus $1,000
  880  if the emission results in an air quality violation, plus $3,000
  881  if the emission was from a major source and the source was major
  882  for the pollutant in violation; plus $1,000 if the emission was
  883  more than 150 percent of the allowable level.
  884         (g) For storage tank system and petroleum contamination
  885  violations, the department shall assess a penalty of $5,000 for
  886  failure to empty a damaged storage system as necessary to ensure
  887  that a release does not occur until repairs to the storage
  888  system are completed; when a release has occurred from that
  889  storage tank system; for failure to timely recover free product;
  890  or for failure to conduct remediation or monitoring activities
  891  until a no-further-action or site-rehabilitation completion
  892  order has been issued. The department shall assess a penalty of
  893  $3,000 for failure to timely upgrade a storage tank system. The
  894  department shall assess a penalty of $2,000 for failure to
  895  conduct or maintain required release detection; failure to
  896  timely investigate a suspected release from a storage system;
  897  depositing motor fuel into an unregistered storage tank system;
  898  failure to timely assess or remediate petroleum contamination;
  899  or failure to properly install a storage tank system. The
  900  department shall assess a penalty of $1,000 for failure to
  901  properly operate, maintain, or close a storage tank system.
  902         (8) The direct economic benefit gained by the violator from
  903  the violation, where consideration of economic benefit is
  904  provided by Florida law or required by federal law as part of a
  905  federally delegated or approved program, shall be added to the
  906  scheduled administrative penalty. The total administrative
  907  penalty, including any economic benefit added to the scheduled
  908  administrative penalty, shall not exceed $20,000 $10,000.
  909         (9) The administrative penalties assessed for any
  910  particular violation shall not exceed $10,000 $5,000 against any
  911  one violator, unless the violator has a history of
  912  noncompliance, the economic benefit of the violation as
  913  described in subsection (8) exceeds $10,000 $5,000, or there are
  914  multiday violations. The total administrative penalties shall
  915  not exceed $20,000 $10,000 per assessment for all violations
  916  attributable to a specific person in the notice of violation.
  917         (13) The restrictions imposed under this section on the
  918  amount of administrative penalties the department may assess do
  919  not apply to violations of a basin management action plan or any
  920  unauthorized or unpermitted wastewater discharge or effluent
  921  limitation exceedance that resulted in a surface or groundwater
  922  quality violation.
  923         Section 12. Subsection (12) of section 403.814, Florida
  924  Statutes, is amended to read:
  925         403.814 General permits; delegation.—
  926         (12) A general permit is granted for the construction,
  927  alteration, and maintenance of a stormwater management system
  928  serving a total project area of up to 10 acres meeting the
  929  criteria of this subsection. Such stormwater management systems
  930  must be designed, operated, and maintained in accordance with
  931  applicable rules adopted pursuant to part IV of chapter 373.
  932  There is a rebuttable presumption that the discharge from such
  933  systems complies with state water quality standards. The
  934  construction of such a system may proceed without any further
  935  agency action by the department or water management district if,
  936  before construction begins, an electronic self-certification is
  937  submitted to the department or water management district which
  938  certifies that the proposed system was designed by a Florida
  939  registered professional and that the registered professional has
  940  certified that the proposed system will meet the following
  941  additional requirements:
  942         (a) The total project area involves less than 10 acres and
  943  less than 2 acres of impervious surface;
  944         (b) Activities will not impact wetlands or other surface
  945  waters;
  946         (c) Activities are not conducted in, on, or over wetlands
  947  or other surface waters;
  948         (d) Drainage facilities will not include pipes having
  949  diameters greater than 24 inches, or the hydraulic equivalent,
  950  and will not use pumps in any manner;
  951         (e) The project is not part of a larger common plan,
  952  development, or sale; and
  953         (f) The project does not:
  954         1. Cause adverse water quantity or flooding impacts to
  955  receiving water and adjacent lands;
  956         2. Cause adverse impacts to existing surface water storage
  957  and conveyance capabilities;
  958         3. Cause a violation of state water quality standards; or
  959         4. Cause an adverse impact to the maintenance of surface or
  960  ground water levels or surface water flows established pursuant
  961  to s. 373.042 or a work of the district established pursuant to
  962  s. 373.086; and.
  963         (g)The project is not within a basin management action
  964  plan or an alternative restoration plan.
  965         Section 13. Present subsection (4) of section 403.9337,
  966  Florida Statutes, is redesignated as subsection (5), and a new
  967  subsection (4) is added to that section, to read:
  968         403.9337 Model Ordinance for Florida-Friendly Fertilizer
  969  Use on Urban Landscapes.—
  970         (4) A local government that fails to adopt, enact, and
  971  implement an ordinance required by subsection (2) by January 1,
  972  2021, is subject to a penalty as provided in ss. 403.121,
  973  403.141, and 403.161 daily and may not participate in the
  974  wastewater grant program established under s. 403.0673 until the
  975  ordinance has been adopted, enacted, and implemented. In
  976  implementing the ordinance, a local government shall conduct
  977  educational campaigns, enforcement programs, and mandatory
  978  notification of property owners subject to the ordinance, and
  979  shall submit a report on its efforts to the department for
  980  publication on the department’s website.
  981         Section 14. (1)The Department of Environmental Protection
  982  shall revise all basin management action plans that were adopted
  983  pursuant to s. 403.067(7), Florida Statutes, and that were
  984  approved by the Secretary of Environmental Protection or
  985  prepared by the department before July 1, 2020, to conform
  986  existing plans to changes made by this act. Revisions to such
  987  basin management action plans made pursuant to this act must be
  988  completed by the next required 5-year milestone assessment for
  989  those revisions scheduled for on or after July 1, 2022. The
  990  department may grant a 6-month extension, upon a showing of good
  991  cause, to a local government on the deadlines for its wastewater
  992  treatment project plan or onsite sewage treatment and disposal
  993  system remediation plans submitted as part of a basin management
  994  action plan.
  995         Section 15. The Legislature determines and declares that
  996  this act fulfills an important state interest.
  997         Section 16. Except as otherwise expressly provided in this
  998  act, this act shall take effect July 1, 2020.