Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SB 1664 Ì499170-Î499170 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/22/2018 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Environmental Preservation and Conservation (Simmons) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Present paragraph (d) of subsection (7) of 6 section 403.067, Florida Statutes, is redesignated as paragraph 7 (f), and new paragraphs (d) and (e) are added to that 8 subsection, to read: 9 403.067 Establishment and implementation of total maximum 10 daily loads.— 11 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND 12 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.— 13 (d) Onsite sewage treatment and disposal systems.— 14 1. For purposes of this paragraph, “onsite sewage treatment 15 and disposal system” has the same meaning as in s. 381.0065. 16 2. As part of a basin management action plan, the 17 department, the Department of Health, relevant local 18 governments, and relevant local public and private wastewater 19 utilities must develop an onsite sewage treatment and disposal 20 system remediation plan if the department determines that 21 remediation is necessary to achieve a total maximum daily load. 22 In order to promote cost-effective remediation, the department 23 may identify one or more priority focus areas. The department 24 shall identify these areas by considering soil conditions; 25 groundwater or surface water travel time; proximity to surface 26 waters, including predominantly marine waters as defined by 27 department rule; hydrogeology; onsite system density; nutrient 28 load; and other factors that may lead to water quality 29 degradation. The remediation plan must identify cost-effective 30 and financially feasible projects necessary to reduce the 31 nutrient impacts from onsite sewage treatment and disposal 32 systems. The plan shall be completed and adopted as part of the 33 basin management action plan within 5 years of the effective 34 date of this act. The department is the lead agency in 35 coordinating the preparation and adoption of the plan. In 36 developing and adopting the plan, the department shall: 37 a. Collect and evaluate credible scientific information on 38 the effect of nutrients on surface and groundwaters; 39 b. Work with local stakeholders to develop a public 40 education plan to provide area residents with reliable, 41 understandable information about onsite sewage treatment and 42 disposal systems and surface and groundwater pollution; 43 c. Ensure that the plan includes options, if appropriate, 44 for system repair, upgrade, or replacement; drainfield 45 modification; the addition of effective nutrient-reducing 46 features; connection to a central sewerage system; or other 47 actions addressing onsite sewage treatment and disposal system 48 issues. The department shall include in the plan a priority 49 ranking for each onsite system, or group of systems, that 50 requires remediation. The priority ranking shall be used to 51 ensure the most effective, efficient use of the funding provided 52 for onsite system remediation. In awarding any such funds, the 53 department may consider expected nutrient reduction benefit per 54 unit cost, the size and scope of the project, local financial 55 contribution to the project relative to the overall cost, and 56 the financial impact on property owners and the community. For 57 the purpose of awarding funds, the department may, at its 58 discretion, totally or partially waive this consideration of the 59 local contribution for proposed projects within an area 60 designated as a rural area of opportunity under s. 288.0656; and 61 d. Ensure that the plan includes an implementation schedule 62 for completion of the actions related to reducing onsite sewage 63 treatment and disposal system nutrient loads, with milestones, 64 periodic progress evaluations, and a completion date necessary 65 to achieve the total maximum daily load within the timeframe 66 established in the basin management action plan. 67 3. The installation, repair, modification, or upgrade of 68 onsite sewage treatment and disposal systems on lots of 1 acre 69 or less and within the boundaries of a basin management action 70 plan with an onsite sewage treatment and disposal remediation 71 plan must conform to the requirements of the remediation plan. 72 (e) Wastewater treatment facilities.—As part of the basin 73 management action plan, the department shall evaluate the need 74 for the creation or improvement of wastewater treatment 75 facilities to meet the total maximum daily load. The department 76 shall identify funding sources available to the relevant local 77 governments for the creation or improvement of wastewater 78 treatment facilities. The department and the relevant water 79 management districts are authorized and encouraged to enter into 80 cost-share agreements with the relevant local governments for 81 the creation or improvement of wastewater treatment facilities. 82 If a wastewater treatment facility is identified for funding 83 pursuant to this paragraph, the department and the water 84 management districts shall give priority to projects according 85 to the extent each project is intended to remove, mitigate, or 86 prevent adverse effects on surface or groundwater quality and 87 public health. The relative costs of achieving environmental and 88 public health benefits must be taken into consideration during 89 the department's or water management district's assignment of 90 project priorities. The department shall adopt a priority system 91 by rule. In developing the priority system, the department or 92 water management district shall give priority to projects that: 93 1. Eliminate public health hazards; 94 2. Enable compliance with laws requiring the elimination of 95 discharges to specific water bodies; 96 3. Assist in the implementation of total maximum daily 97 loads adopted under this section; 98 4. Enable compliance with other pollution control 99 requirements, including, but not limited to, toxics control, 100 wastewater residuals management, and reduction of nutrients and 101 bacteria; 102 5. Assist in the implementation of surface water 103 improvement and management plans and pollutant load reduction 104 goals developed under state water policy; 105 6. Promote reclaimed water reuse; 106 7. Eliminate failing onsite sewage treatment and disposal 107 systems or those that are causing environmental damage; or 108 8. Reduce pollutants to and otherwise promote the 109 restoration of Florida’s surface and groundwaters. 110 Section 2. Division of Law Revision and Information is 111 directed to replace the phrase “the effective date of this act” 112 wherever it occurs in this act with the date the act becomes a 113 law. 114 Section 3. This act shall take effect July 1, 2018. 115 116 ================= T I T L E A M E N D M E N T ================ 117 And the title is amended as follows: 118 Delete everything before the enacting clause 119 and insert: 120 A bill to be entitled 121 An act relating to basin management action plans; 122 amending s. 403.067, F.S.; defining “onsite sewage 123 treatment and disposal system”; requiring the 124 Department of Environmental Protection and other 125 entities, as part of a basin management action plan, 126 to develop onsite sewage treatment and disposal system 127 remediation plans under certain conditions; specifying 128 parameters for selecting priority focus areas for 129 remediation; specifying the parameters for developing 130 and adopting a remediation plan; specifying 131 requirements for the installation, repair, 132 modification, or upgrade of certain onsite sewage 133 treatment and disposal systems; requiring the 134 department to evaluate the need for the creation or 135 improvement of wastewater treatment facilities; 136 authorizing funding; providing criteria for the 137 prioritization of funding for wastewater treatment 138 facilities; requiring the department to develop rules; 139 providing a directive the Division of Law Revision and 140 Information; providing an effective date.