Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. SB 712
Ì8329166Î832916
LEGISLATIVE ACTION
Senate . House
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The Committee on Community Affairs (Mayfield) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. This act may be cited as the “Clean Waterways
6 Act.”
7 Section 2. (1) By July 1, 2020, the Department of Health
8 must provide a report to the Governor, the President of the
9 Senate, and the Speaker of the House of Representatives
10 detailing the following information regarding the Onsite Sewage
11 Program:
12 (a) The average number of permits issued each year;
13 (b) The number of department employees conducting work on
14 or related to the program each year; and
15 (c) The program’s costs and expenditures, including, but
16 not limited to, salaries and benefits, equipment costs, and
17 contracting costs.
18 (2) By December 31, 2020, the Department of Health and the
19 Department of Environmental Protection shall submit
20 recommendations to the Governor, the President of the Senate,
21 and the Speaker of the House of Representatives regarding the
22 transfer of the Onsite Sewage Program from the Department of
23 Health to the Department of Environmental Protection. The
24 recommendations must address all aspects of the transfer,
25 including the continued role of the county health departments in
26 the permitting, inspection, data management, and tracking of
27 onsite sewage treatment and disposal systems under the direction
28 of the Department of Environmental Protection.
29 (3) By June 30, 2021, the Department of Health and the
30 Department of Environmental Protection shall enter into an
31 interagency agreement based on the Department of Health report
32 required under subsection (2) and on recommendations from a plan
33 that must address all agency cooperation for a period not less
34 than 5 years after the transfer, including:
35 (a) The continued role of the county health departments in
36 the permitting, inspection, data management, and tracking of
37 onsite sewage treatment and disposal systems under the direction
38 of the Department of Environmental Protection.
39 (b) The appropriate proportionate number of administrative,
40 auditing, inspector general, attorney, and operational support
41 positions, and their related funding levels and sources and
42 assigned property, to be transferred from the Office of General
43 Counsel, the Office of Inspector General, and the Division of
44 Administrative Services or other relevant offices or divisions
45 within the Department of Health to the Department of
46 Environmental Protection.
47 (c) The development of a recommended plan to address the
48 transfer or shared use of buildings, regional offices, and other
49 facilities used or owned by the Department of Health.
50 (d) Any operating budget adjustments that are necessary to
51 implement the requirements of this act. Adjustments made to the
52 operating budgets of the agencies in the implementation of this
53 act must be made in consultation with the appropriate
54 substantive and fiscal committees of the Senate and the House of
55 Representatives. The revisions to the approved operating budgets
56 for the 2021-2022 fiscal year which are necessary to reflect the
57 organizational changes made by this act must be implemented
58 pursuant to s. 216.292(4)(d), Florida Statutes, and are subject
59 to s. 216.177, Florida Statutes. Subsequent adjustments between
60 the Department of Health and the Department of Environmental
61 Protection which are determined necessary by the respective
62 agencies and approved by the Executive Office of the Governor
63 are authorized and subject to s. 216.177, Florida Statutes. The
64 appropriate substantive committees of the Senate and the House
65 of Representatives must also be notified of the proposed
66 revisions to ensure their consistency with legislative policy
67 and intent.
68 (4) Effective July 1, 2021, all powers, duties, functions,
69 records, offices, personnel, associated administrative support
70 positions, property, pending issues, existing contracts,
71 administrative authority, administrative rules, and unexpended
72 balances of appropriations, allocations, and other funds for the
73 regulation of onsite sewage treatment and disposal systems
74 relating to the Onsite Sewage Program in the Department of
75 Health are transferred by a type two transfer, as defined in s.
76 20.06(2), Florida Statutes, to the Department of Environmental
77 Protection.
78 (5) Notwithstanding chapter 60L-34, Florida Administrative
79 Code, or any law to the contrary, employees who are transferred
80 from the Department of Health to the Department of Environmental
81 Protection to fill positions transferred by this act retain and
82 transfer any accrued annual leave, sick leave, and regular and
83 special compensatory leave balances.
84 Section 3. Subsection (5) of section 373.4131, Florida
85 Statutes, is amended, and subsection (6) is added to that
86 section, to read:
87 373.4131 Statewide environmental resource permitting
88 rules.—
89 (5) To ensure consistent implementation and interpretation
90 of the rules adopted pursuant to this section, the department
91 shall conduct or oversee regular assessment and training of its
92 staff and the staffs of the water management districts and local
93 governments delegated local pollution control program authority
94 under s. 373.441. The training must include coordinating field
95 inspections of publicly and privately owned stormwater
96 structural controls, such as stormwater retention or detention
97 ponds.
98 (6) By January 1, 2021:
99 (a) The department and the water management districts shall
100 initiate rulemaking to update the stormwater design and
101 operation regulations using the most recent scientific
102 information available; and
103 (b) The department shall evaluate inspection data relating
104 to compliance by those entities that self-certify under s.
105 403.814(12) and provide the Legislature with recommendations for
106 improvements to the self-certification program.
107 Section 4. Effective July 1, 2021, present paragraphs (d)
108 through (q) of subsection (2) of section 381.0065, Florida
109 Statutes, are redesignated as paragraphs (e) through (r),
110 respectively, a new paragraph (d) is added to that subsection,
111 and subsections (3) and (4) of that section are amended, to
112 read:
113 381.0065 Onsite sewage treatment and disposal systems;
114 regulation.—
115 (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
116 term:
117 (d) “Department” means the Department of Environmental
118 Protection.
119 (3) DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.—The
120 department shall:
121 (a) Adopt rules to administer ss. 381.0065-381.0067,
122 including definitions that are consistent with the definitions
123 in this section, decreases to setback requirements where no
124 health hazard exists, increases for the lot-flow allowance for
125 performance-based systems, requirements for separation from
126 water table elevation during the wettest season, requirements
127 for the design and construction of any component part of an
128 onsite sewage treatment and disposal system, application and
129 permit requirements for persons who maintain an onsite sewage
130 treatment and disposal system, requirements for maintenance and
131 service agreements for aerobic treatment units and performance
132 based treatment systems, and recommended standards, including
133 disclosure requirements, for voluntary system inspections to be
134 performed by individuals who are authorized by law to perform
135 such inspections and who shall inform a person having ownership,
136 control, or use of an onsite sewage treatment and disposal
137 system of the inspection standards and of that person’s
138 authority to request an inspection based on all or part of the
139 standards.
140 (b) Perform application reviews and site evaluations, issue
141 permits, and conduct inspections and complaint investigations
142 associated with the construction, installation, maintenance,
143 modification, abandonment, operation, use, or repair of an
144 onsite sewage treatment and disposal system for a residence or
145 establishment with an estimated domestic sewage flow of 10,000
146 gallons or less per day, or an estimated commercial sewage flow
147 of 5,000 gallons or less per day, which is not currently
148 regulated under chapter 403.
149 (c) Develop a comprehensive program to ensure that onsite
150 sewage treatment and disposal systems regulated by the
151 department are sized, designed, constructed, installed, sited,
152 repaired, modified, abandoned, used, operated, and maintained in
153 compliance with this section and rules adopted under this
154 section to prevent groundwater contamination, including impacts
155 from nutrient pollution, and surface water contamination and to
156 preserve the public health. The department is the final
157 administrative interpretive authority regarding rule
158 interpretation. In the event of a conflict regarding rule
159 interpretation, the secretary of the department State Surgeon
160 General, or his or her designee, shall timely assign a staff
161 person to resolve the dispute.
162 (d) Grant variances in hardship cases under the conditions
163 prescribed in this section and rules adopted under this section.
164 (e) Permit the use of a limited number of innovative
165 systems for a specific period of time, when there is compelling
166 evidence that the system will function properly and reliably to
167 meet the requirements of this section and rules adopted under
168 this section.
169 (f) Issue annual operating permits under this section.
170 (g) Establish and collect fees as established under s.
171 381.0066 for services provided with respect to onsite sewage
172 treatment and disposal systems.
173 (h) Conduct enforcement activities, including imposing
174 fines, issuing citations, suspensions, revocations, injunctions,
175 and emergency orders for violations of this section, part I of
176 chapter 386, or part III of chapter 489 or for a violation of
177 any rule adopted under this section, part I of chapter 386, or
178 part III of chapter 489.
179 (i) Provide or conduct education and training of department
180 personnel, service providers, and the public regarding onsite
181 sewage treatment and disposal systems.
182 (j) Supervise research on, demonstration of, and training
183 on the performance, environmental impact, and public health
184 impact of onsite sewage treatment and disposal systems within
185 this state. Research fees collected under s. 381.0066(2)(k) must
186 be used to develop and fund hands-on training centers designed
187 to provide practical information about onsite sewage treatment
188 and disposal systems to septic tank contractors, master septic
189 tank contractors, contractors, inspectors, engineers, and the
190 public and must also be used to fund research projects which
191 focus on improvements of onsite sewage treatment and disposal
192 systems, including use of performance-based standards and
193 reduction of environmental impact. Research projects shall be
194 initially approved by the technical review and advisory panel
195 and shall be applicable to and reflect the soil conditions
196 specific to Florida. Such projects shall be awarded through
197 competitive negotiation, using the procedures provided in s.
198 287.055, to public or private entities that have experience in
199 onsite sewage treatment and disposal systems in Florida and that
200 are principally located in Florida. Research projects may shall
201 not be awarded to firms or entities that employ or are
202 associated with persons who serve on either the technical review
203 and advisory panel or the research review and advisory
204 committee.
205 (k) Approve the installation of individual graywater
206 disposal systems in which blackwater is treated by a central
207 sewerage system.
208 (l) Regulate and permit the sanitation, handling,
209 treatment, storage, reuse, and disposal of byproducts from any
210 system regulated under this chapter and not regulated by the
211 Department of Environmental Protection.
212 (m) Permit and inspect portable or temporary toilet
213 services and holding tanks. The department shall review
214 applications, perform site evaluations, and issue permits for
215 the temporary use of holding tanks, privies, portable toilet
216 services, or any other toilet facility that is intended for use
217 on a permanent or nonpermanent basis, including facilities
218 placed on construction sites when workers are present. The
219 department may specify standards for the construction,
220 maintenance, use, and operation of any such facility for
221 temporary use.
222 (n) Regulate and permit maintenance entities for
223 performance-based treatment systems and aerobic treatment unit
224 systems. To ensure systems are maintained and operated according
225 to manufacturer’s specifications and designs, the department
226 shall establish by rule minimum qualifying criteria for
227 maintenance entities. The criteria shall include: training,
228 access to approved spare parts and components, access to
229 manufacturer’s maintenance and operation manuals, and service
230 response time. The maintenance entity shall employ a contractor
231 licensed under s. 489.105(3)(m), or part III of chapter 489, or
232 a state-licensed wastewater plant operator, who is responsible
233 for maintenance and repair of all systems under contract.
234 (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
235 construct, repair, modify, abandon, or operate an onsite sewage
236 treatment and disposal system without first obtaining a permit
237 approved by the department. The department may issue permits to
238 carry out this section., but shall not make the issuance of such
239 permits contingent upon prior approval by the Department of
240 Environmental Protection, except that The issuance of a permit
241 for work seaward of the coastal construction control line
242 established under s. 161.053 shall be contingent upon receipt of
243 any required coastal construction control line permit from the
244 department of Environmental Protection. A construction permit is
245 valid for 18 months from the issuance date and may be extended
246 by the department for one 90-day period under rules adopted by
247 the department. A repair permit is valid for 90 days from the
248 date of issuance. An operating permit must be obtained before
249 prior to the use of any aerobic treatment unit or if the
250 establishment generates commercial waste. Buildings or
251 establishments that use an aerobic treatment unit or generate
252 commercial waste shall be inspected by the department at least
253 annually to assure compliance with the terms of the operating
254 permit. The operating permit for a commercial wastewater system
255 is valid for 1 year from the date of issuance and must be
256 renewed annually. The operating permit for an aerobic treatment
257 unit is valid for 2 years from the date of issuance and must be
258 renewed every 2 years. If all information pertaining to the
259 siting, location, and installation conditions or repair of an
260 onsite sewage treatment and disposal system remains the same, a
261 construction or repair permit for the onsite sewage treatment
262 and disposal system may be transferred to another person, if the
263 transferee files, within 60 days after the transfer of
264 ownership, an amended application providing all corrected
265 information and proof of ownership of the property. There is no
266 fee associated with the processing of this supplemental
267 information. A person may not contract to construct, modify,
268 alter, repair, service, abandon, or maintain any portion of an
269 onsite sewage treatment and disposal system without being
270 registered under part III of chapter 489. A property owner who
271 personally performs construction, maintenance, or repairs to a
272 system serving his or her own owner-occupied single-family
273 residence is exempt from registration requirements for
274 performing such construction, maintenance, or repairs on that
275 residence, but is subject to all permitting requirements. A
276 municipality or political subdivision of the state may not issue
277 a building or plumbing permit for any building that requires the
278 use of an onsite sewage treatment and disposal system unless the
279 owner or builder has received a construction permit for such
280 system from the department. A building or structure may not be
281 occupied and a municipality, political subdivision, or any state
282 or federal agency may not authorize occupancy until the
283 department approves the final installation of the onsite sewage
284 treatment and disposal system. A municipality or political
285 subdivision of the state may not approve any change in occupancy
286 or tenancy of a building that uses an onsite sewage treatment
287 and disposal system until the department has reviewed the use of
288 the system with the proposed change, approved the change, and
289 amended the operating permit.
290 (a) Subdivisions and lots in which each lot has a minimum
291 area of at least one-half acre and either a minimum dimension of
292 100 feet or a mean of at least 100 feet of the side bordering
293 the street and the distance formed by a line parallel to the
294 side bordering the street drawn between the two most distant
295 points of the remainder of the lot may be developed with a water
296 system regulated under s. 381.0062 and onsite sewage treatment
297 and disposal systems, provided the projected daily sewage flow
298 does not exceed an average of 1,500 gallons per acre per day,
299 and provided satisfactory drinking water can be obtained and all
300 distance and setback, soil condition, water table elevation, and
301 other related requirements of this section and rules adopted
302 under this section can be met.
303 (b) Subdivisions and lots using a public water system as
304 defined in s. 403.852 may use onsite sewage treatment and
305 disposal systems, provided there are no more than four lots per
306 acre, provided the projected daily sewage flow does not exceed
307 an average of 2,500 gallons per acre per day, and provided that
308 all distance and setback, soil condition, water table elevation,
309 and other related requirements that are generally applicable to
310 the use of onsite sewage treatment and disposal systems are met.
311 (c) Notwithstanding paragraphs (a) and (b), for
312 subdivisions platted of record on or before October 1, 1991,
313 when a developer or other appropriate entity has previously made
314 or makes provisions, including financial assurances or other
315 commitments, acceptable to the Department of Health, that a
316 central water system will be installed by a regulated public
317 utility based on a density formula, private potable wells may be
318 used with onsite sewage treatment and disposal systems until the
319 agreed-upon densities are reached. In a subdivision regulated by
320 this paragraph, the average daily sewage flow may not exceed
321 2,500 gallons per acre per day. This section does not affect the
322 validity of existing prior agreements. After October 1, 1991,
323 the exception provided under this paragraph is not available to
324 a developer or other appropriate entity.
325 (d) Paragraphs (a) and (b) do not apply to any proposed
326 residential subdivision with more than 50 lots or to any
327 proposed commercial subdivision with more than 5 lots where a
328 publicly owned or investor-owned sewerage system is available.
329 It is the intent of this paragraph not to allow development of
330 additional proposed subdivisions in order to evade the
331 requirements of this paragraph.
332 (e) The department shall adopt rules to locate onsite
333 sewage treatment and disposal systems, including establishing
334 setback distances, to prevent groundwater contamination and
335 surface water contamination and to preserve the public health.
336 The rulemaking process for such rules must be completed by July
337 1, 2022. The rules must consider conventional and advanced
338 onsite sewage treatment and disposal system designs, impaired or
339 degraded water bodies, wastewater and drinking water
340 infrastructure, potable water sources, nonpotable wells,
341 stormwater infrastructure, the onsite sewage treatment and
342 disposal system remediation plans developed pursuant to s.
343 403.067(7)(a)9.b., nutrient pollution, and the recommendations
344 of the onsite sewage treatment and disposal systems technical
345 advisory committee established pursuant to s. 381.00652.
346 (f)(e) Onsite sewage treatment and disposal systems that
347 are permitted before adoption of the rules identified in
348 paragraph (e) may must not be placed closer than:
349 1. Seventy-five feet from a private potable well.
350 2. Two hundred feet from a public potable well serving a
351 residential or nonresidential establishment having a total
352 sewage flow of greater than 2,000 gallons per day.
353 3. One hundred feet from a public potable well serving a
354 residential or nonresidential establishment having a total
355 sewage flow of less than or equal to 2,000 gallons per day.
356 4. Fifty feet from any nonpotable well.
357 5. Ten feet from any storm sewer pipe, to the maximum
358 extent possible, but in no instance shall the setback be less
359 than 5 feet.
360 6. Seventy-five feet from the mean high-water line of a
361 tidally influenced surface water body.
362 7. Seventy-five feet from the mean annual flood line of a
363 permanent nontidal surface water body.
364 8. Fifteen feet from the design high-water line of
365 retention areas, detention areas, or swales designed to contain
366 standing or flowing water for less than 72 hours after a
367 rainfall or the design high-water level of normally dry drainage
368 ditches or normally dry individual lot stormwater retention
369 areas.
370 (f) Except as provided under paragraphs (e) and (t), no
371 limitations shall be imposed by rule, relating to the distance
372 between an onsite disposal system and any area that either
373 permanently or temporarily has visible surface water.
374 (g) All provisions of this section and rules adopted under
375 this section relating to soil condition, water table elevation,
376 distance, and other setback requirements must be equally applied
377 to all lots, with the following exceptions:
378 1. Any residential lot that was platted and recorded on or
379 after January 1, 1972, or that is part of a residential
380 subdivision that was approved by the appropriate permitting
381 agency on or after January 1, 1972, and that was eligible for an
382 onsite sewage treatment and disposal system construction permit
383 on the date of such platting and recording or approval shall be
384 eligible for an onsite sewage treatment and disposal system
385 construction permit, regardless of when the application for a
386 permit is made. If rules in effect at the time the permit
387 application is filed cannot be met, residential lots platted and
388 recorded or approved on or after January 1, 1972, shall, to the
389 maximum extent possible, comply with the rules in effect at the
390 time the permit application is filed. At a minimum, however,
391 those residential lots platted and recorded or approved on or
392 after January 1, 1972, but before January 1, 1983, shall comply
393 with those rules in effect on January 1, 1983, and those
394 residential lots platted and recorded or approved on or after
395 January 1, 1983, shall comply with those rules in effect at the
396 time of such platting and recording or approval. In determining
397 the maximum extent of compliance with current rules that is
398 possible, the department shall allow structures and
399 appurtenances thereto which were authorized at the time such
400 lots were platted and recorded or approved.
401 2. Lots platted before 1972 are subject to a 50-foot
402 minimum surface water setback and are not subject to lot size
403 requirements. The projected daily flow for onsite sewage
404 treatment and disposal systems for lots platted before 1972 may
405 not exceed:
406 a. Two thousand five hundred gallons per acre per day for
407 lots served by public water systems as defined in s. 403.852.
408 b. One thousand five hundred gallons per acre per day for
409 lots served by water systems regulated under s. 381.0062.
410 (h)1. The department may grant variances in hardship cases
411 which may be less restrictive than the provisions specified in
412 this section. If a variance is granted and the onsite sewage
413 treatment and disposal system construction permit has been
414 issued, the variance may be transferred with the system
415 construction permit, if the transferee files, within 60 days
416 after the transfer of ownership, an amended construction permit
417 application providing all corrected information and proof of
418 ownership of the property and if the same variance would have
419 been required for the new owner of the property as was
420 originally granted to the original applicant for the variance.
421 There is no fee associated with the processing of this
422 supplemental information. A variance may not be granted under
423 this section until the department is satisfied that:
424 a. The hardship was not caused intentionally by the action
425 of the applicant;
426 b. No reasonable alternative, taking into consideration
427 factors such as cost, exists for the treatment of the sewage;
428 and
429 c. The discharge from the onsite sewage treatment and
430 disposal system will not adversely affect the health of the
431 applicant or the public or significantly degrade the groundwater
432 or surface waters.
433
434 Where soil conditions, water table elevation, and setback
435 provisions are determined by the department to be satisfactory,
436 special consideration must be given to those lots platted before
437 1972.
438 2. The department shall appoint and staff a variance review
439 and advisory committee, which shall meet monthly to recommend
440 agency action on variance requests. The committee shall make its
441 recommendations on variance requests at the meeting in which the
442 application is scheduled for consideration, except for an
443 extraordinary change in circumstances, the receipt of new
444 information that raises new issues, or when the applicant
445 requests an extension. The committee shall consider the criteria
446 in subparagraph 1. in its recommended agency action on variance
447 requests and shall also strive to allow property owners the full
448 use of their land where possible. The committee consists of the
449 following:
450 a. The Secretary of Environmental Protection State Surgeon
451 General or his or her designee.
452 b. A representative from the county health departments.
453 c. A representative from the home building industry
454 recommended by the Florida Home Builders Association.
455 d. A representative from the septic tank industry
456 recommended by the Florida Onsite Wastewater Association.
457 e. A representative from the Department of Health
458 Environmental Protection.
459 f. A representative from the real estate industry who is
460 also a developer in this state who develops lots using onsite
461 sewage treatment and disposal systems, recommended by the
462 Florida Association of Realtors.
463 g. A representative from the engineering profession
464 recommended by the Florida Engineering Society.
465
466 Members shall be appointed for a term of 3 years, with such
467 appointments being staggered so that the terms of no more than
468 two members expire in any one year. Members shall serve without
469 remuneration, but if requested, shall be reimbursed for per diem
470 and travel expenses as provided in s. 112.061.
471 (i) A construction permit may not be issued for an onsite
472 sewage treatment and disposal system in any area zoned or used
473 for industrial or manufacturing purposes, or its equivalent,
474 where a publicly owned or investor-owned sewage treatment system
475 is available, or where a likelihood exists that the system will
476 receive toxic, hazardous, or industrial waste. An existing
477 onsite sewage treatment and disposal system may be repaired if a
478 publicly owned or investor-owned sewerage system is not
479 available within 500 feet of the building sewer stub-out and if
480 system construction and operation standards can be met. This
481 paragraph does not require publicly owned or investor-owned
482 sewerage treatment systems to accept anything other than
483 domestic wastewater.
484 1. A building located in an area zoned or used for
485 industrial or manufacturing purposes, or its equivalent, when
486 such building is served by an onsite sewage treatment and
487 disposal system, must not be occupied until the owner or tenant
488 has obtained written approval from the department. The
489 department may shall not grant approval when the proposed use of
490 the system is to dispose of toxic, hazardous, or industrial
491 wastewater or toxic or hazardous chemicals.
492 2. Each person who owns or operates a business or facility
493 in an area zoned or used for industrial or manufacturing
494 purposes, or its equivalent, or who owns or operates a business
495 that has the potential to generate toxic, hazardous, or
496 industrial wastewater or toxic or hazardous chemicals, and uses
497 an onsite sewage treatment and disposal system that is installed
498 on or after July 5, 1989, must obtain an annual system operating
499 permit from the department. A person who owns or operates a
500 business that uses an onsite sewage treatment and disposal
501 system that was installed and approved before July 5, 1989, need
502 not obtain a system operating permit. However, upon change of
503 ownership or tenancy, the new owner or operator must notify the
504 department of the change, and the new owner or operator must
505 obtain an annual system operating permit, regardless of the date
506 that the system was installed or approved.
507 3. The department shall periodically review and evaluate
508 the continued use of onsite sewage treatment and disposal
509 systems in areas zoned or used for industrial or manufacturing
510 purposes, or its equivalent, and may require the collection and
511 analyses of samples from within and around such systems. If the
512 department finds that toxic or hazardous chemicals or toxic,
513 hazardous, or industrial wastewater have been or are being
514 disposed of through an onsite sewage treatment and disposal
515 system, the department shall initiate enforcement actions
516 against the owner or tenant to ensure adequate cleanup,
517 treatment, and disposal.
518 (j) An onsite sewage treatment and disposal system designed
519 by a professional engineer registered in the state and certified
520 by such engineer as complying with performance criteria adopted
521 by the department must be approved by the department subject to
522 the following:
523 1. The performance criteria applicable to engineer-designed
524 systems must be limited to those necessary to ensure that such
525 systems do not adversely affect the public health or
526 significantly degrade the groundwater or surface water. Such
527 performance criteria shall include consideration of the quality
528 of system effluent, the proposed total sewage flow per acre,
529 wastewater treatment capabilities of the natural or replaced
530 soil, water quality classification of the potential surface
531 water-receiving body, and the structural and maintenance
532 viability of the system for the treatment of domestic
533 wastewater. However, performance criteria shall address only the
534 performance of a system and not a system’s design.
535 2. A person electing to utilize an engineer-designed system
536 shall, upon completion of the system design, submit such design,
537 certified by a registered professional engineer, to the county
538 health department. The county health department may utilize an
539 outside consultant to review the engineer-designed system, with
540 the actual cost of such review to be borne by the applicant.
541 Within 5 working days after receiving an engineer-designed
542 system permit application, the county health department shall
543 request additional information if the application is not
544 complete. Within 15 working days after receiving a complete
545 application for an engineer-designed system, the county health
546 department either shall issue the permit or, if it determines
547 that the system does not comply with the performance criteria,
548 shall notify the applicant of that determination and refer the
549 application to the department for a determination as to whether
550 the system should be approved, disapproved, or approved with
551 modification. The department engineer’s determination shall
552 prevail over the action of the county health department. The
553 applicant shall be notified in writing of the department’s
554 determination and of the applicant’s rights to pursue a variance
555 or seek review under the provisions of chapter 120.
556 3. The owner of an engineer-designed performance-based
557 system must maintain a current maintenance service agreement
558 with a maintenance entity permitted by the department. The
559 maintenance entity shall inspect each system at least twice each
560 year and shall report quarterly to the department on the number
561 of systems inspected and serviced. The reports may be submitted
562 electronically.
563 4. The property owner of an owner-occupied, single-family
564 residence may be approved and permitted by the department as a
565 maintenance entity for his or her own performance-based
566 treatment system upon written certification from the system
567 manufacturer’s approved representative that the property owner
568 has received training on the proper installation and service of
569 the system. The maintenance service agreement must conspicuously
570 disclose that the property owner has the right to maintain his
571 or her own system and is exempt from contractor registration
572 requirements for performing construction, maintenance, or
573 repairs on the system but is subject to all permitting
574 requirements.
575 5. The property owner shall obtain a biennial system
576 operating permit from the department for each system. The
577 department shall inspect the system at least annually, or on
578 such periodic basis as the fee collected permits, and may
579 collect system-effluent samples if appropriate to determine
580 compliance with the performance criteria. The fee for the
581 biennial operating permit shall be collected beginning with the
582 second year of system operation.
583 6. If an engineer-designed system fails to properly
584 function or fails to meet performance standards, the system
585 shall be re-engineered, if necessary, to bring the system into
586 compliance with the provisions of this section.
587 (k) An innovative system may be approved in conjunction
588 with an engineer-designed site-specific system which is
589 certified by the engineer to meet the performance-based criteria
590 adopted by the department.
591 (l) For the Florida Keys, the department shall adopt a
592 special rule for the construction, installation, modification,
593 operation, repair, maintenance, and performance of onsite sewage
594 treatment and disposal systems which considers the unique soil
595 conditions and water table elevations, densities, and setback
596 requirements. On lots where a setback distance of 75 feet from
597 surface waters, saltmarsh, and buttonwood association habitat
598 areas cannot be met, an injection well, approved and permitted
599 by the department, may be used for disposal of effluent from
600 onsite sewage treatment and disposal systems. The following
601 additional requirements apply to onsite sewage treatment and
602 disposal systems in Monroe County:
603 1. The county, each municipality, and those special
604 districts established for the purpose of the collection,
605 transmission, treatment, or disposal of sewage shall ensure, in
606 accordance with the specific schedules adopted by the
607 Administration Commission under s. 380.0552, the completion of
608 onsite sewage treatment and disposal system upgrades to meet the
609 requirements of this paragraph.
610 2. Onsite sewage treatment and disposal systems must cease
611 discharge by December 31, 2015, or must comply with department
612 rules and provide the level of treatment which, on a permitted
613 annual average basis, produces an effluent that contains no more
614 than the following concentrations:
615 a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
616 b. Suspended Solids of 10 mg/l.
617 c. Total Nitrogen, expressed as N, of 10 mg/l or a
618 reduction in nitrogen of at least 70 percent. A system that has
619 been tested and certified to reduce nitrogen concentrations by
620 at least 70 percent shall be deemed to be in compliance with
621 this standard.
622 d. Total Phosphorus, expressed as P, of 1 mg/l.
623
624 In addition, onsite sewage treatment and disposal systems
625 discharging to an injection well must provide basic disinfection
626 as defined by department rule.
627 3. In areas not scheduled to be served by a central sewer,
628 onsite sewage treatment and disposal systems must, by December
629 31, 2015, comply with department rules and provide the level of
630 treatment described in subparagraph 2.
631 4. In areas scheduled to be served by central sewer by
632 December 31, 2015, if the property owner has paid a connection
633 fee or assessment for connection to the central sewer system,
634 the property owner may install a holding tank with a high water
635 alarm or an onsite sewage treatment and disposal system that
636 meets the following minimum standards:
637 a. The existing tanks must be pumped and inspected and
638 certified as being watertight and free of defects in accordance
639 with department rule; and
640 b. A sand-lined drainfield or injection well in accordance
641 with department rule must be installed.
642 5. Onsite sewage treatment and disposal systems must be
643 monitored for total nitrogen and total phosphorus concentrations
644 as required by department rule.
645 6. The department shall enforce proper installation,
646 operation, and maintenance of onsite sewage treatment and
647 disposal systems pursuant to this chapter, including ensuring
648 that the appropriate level of treatment described in
649 subparagraph 2. is met.
650 7. The authority of a local government, including a special
651 district, to mandate connection of an onsite sewage treatment
652 and disposal system is governed by s. 4, chapter 99-395, Laws of
653 Florida.
654 8. Notwithstanding any other provision of law, an onsite
655 sewage treatment and disposal system installed after July 1,
656 2010, in unincorporated Monroe County, excluding special
657 wastewater districts, that complies with the standards in
658 subparagraph 2. is not required to connect to a central sewer
659 system until December 31, 2020.
660 (m) No product sold in the state for use in onsite sewage
661 treatment and disposal systems may contain any substance in
662 concentrations or amounts that would interfere with or prevent
663 the successful operation of such system, or that would cause
664 discharges from such systems to violate applicable water quality
665 standards. The department shall publish criteria for products
666 known or expected to meet the conditions of this paragraph. In
667 the event a product does not meet such criteria, such product
668 may be sold if the manufacturer satisfactorily demonstrates to
669 the department that the conditions of this paragraph are met.
670 (n) Evaluations for determining the seasonal high-water
671 table elevations or the suitability of soils for the use of a
672 new onsite sewage treatment and disposal system shall be
673 performed by department personnel, professional engineers
674 registered in the state, or such other persons with expertise,
675 as defined by rule, in making such evaluations. Evaluations for
676 determining mean annual flood lines shall be performed by those
677 persons identified in paragraph (2)(k) (2)(j). The department
678 shall accept evaluations submitted by professional engineers and
679 such other persons as meet the expertise established by this
680 section or by rule unless the department has a reasonable
681 scientific basis for questioning the accuracy or completeness of
682 the evaluation.
683 (o) The department shall appoint a research review and
684 advisory committee, which shall meet at least semiannually. The
685 committee shall advise the department on directions for new
686 research, review and rank proposals for research contracts, and
687 review draft research reports and make comments. The committee
688 is comprised of:
689 1. A representative of the Secretary of Environmental
690 Protection State Surgeon General, or his or her designee.
691 2. A representative from the septic tank industry.
692 3. A representative from the home building industry.
693 4. A representative from an environmental interest group.
694 5. A representative from the State University System, from
695 a department knowledgeable about onsite sewage treatment and
696 disposal systems.
697 6. A professional engineer registered in this state who has
698 work experience in onsite sewage treatment and disposal systems.
699 7. A representative from local government who is
700 knowledgeable about domestic wastewater treatment.
701 8. A representative from the real estate profession.
702 9. A representative from the restaurant industry.
703 10. A consumer.
704
705 Members shall be appointed for a term of 3 years, with the
706 appointments being staggered so that the terms of no more than
707 four members expire in any one year. Members shall serve without
708 remuneration, but are entitled to reimbursement for per diem and
709 travel expenses as provided in s. 112.061.
710 (p) An application for an onsite sewage treatment and
711 disposal system permit shall be completed in full, signed by the
712 owner or the owner’s authorized representative, or by a
713 contractor licensed under chapter 489, and shall be accompanied
714 by all required exhibits and fees. No specific documentation of
715 property ownership shall be required as a prerequisite to the
716 review of an application or the issuance of a permit. The
717 issuance of a permit does not constitute determination by the
718 department of property ownership.
719 (q) The department may not require any form of subdivision
720 analysis of property by an owner, developer, or subdivider prior
721 to submission of an application for an onsite sewage treatment
722 and disposal system.
723 (r) Nothing in this section limits the power of a
724 municipality or county to enforce other laws for the protection
725 of the public health and safety.
726 (s) In the siting of onsite sewage treatment and disposal
727 systems, including drainfields, shoulders, and slopes, guttering
728 may shall not be required on single-family residential dwelling
729 units for systems located greater than 5 feet from the roof drip
730 line of the house. If guttering is used on residential dwelling
731 units, the downspouts shall be directed away from the
732 drainfield.
733 (t) Notwithstanding the provisions of subparagraph (g)1.,
734 onsite sewage treatment and disposal systems located in
735 floodways of the Suwannee and Aucilla Rivers must adhere to the
736 following requirements:
737 1. The absorption surface of the drainfield may shall not
738 be subject to flooding based on 10-year flood elevations.
739 Provided, however, for lots or parcels created by the
740 subdivision of land in accordance with applicable local
741 government regulations prior to January 17, 1990, if an
742 applicant cannot construct a drainfield system with the
743 absorption surface of the drainfield at an elevation equal to or
744 above 10-year flood elevation, the department shall issue a
745 permit for an onsite sewage treatment and disposal system within
746 the 10-year floodplain of rivers, streams, and other bodies of
747 flowing water if all of the following criteria are met:
748 a. The lot is at least one-half acre in size;
749 b. The bottom of the drainfield is at least 36 inches above
750 the 2-year flood elevation; and
751 c. The applicant installs either: a waterless,
752 incinerating, or organic waste composting toilet and a graywater
753 system and drainfield in accordance with department rules; an
754 aerobic treatment unit and drainfield in accordance with
755 department rules; a system approved by the State Health Office
756 that is capable of reducing effluent nitrate by at least 50
757 percent; or a system approved by the county health department
758 pursuant to department rule other than a system using
759 alternative drainfield materials. The United States Department
760 of Agriculture Soil Conservation Service soil maps, State of
761 Florida Water Management District data, and Federal Emergency
762 Management Agency Flood Insurance maps are resources that shall
763 be used to identify flood-prone areas.
764 2. The use of fill or mounding to elevate a drainfield
765 system out of the 10-year floodplain of rivers, streams, or
766 other bodies of flowing water may shall not be permitted if such
767 a system lies within a regulatory floodway of the Suwannee and
768 Aucilla Rivers. In cases where the 10-year flood elevation does
769 not coincide with the boundaries of the regulatory floodway, the
770 regulatory floodway will be considered for the purposes of this
771 subsection to extend at a minimum to the 10-year flood
772 elevation.
773 (u)1. The owner of an aerobic treatment unit system shall
774 maintain a current maintenance service agreement with an aerobic
775 treatment unit maintenance entity permitted by the department.
776 The maintenance entity shall inspect each aerobic treatment unit
777 system at least twice each year and shall report quarterly to
778 the department on the number of aerobic treatment unit systems
779 inspected and serviced. The reports may be submitted
780 electronically.
781 2. The property owner of an owner-occupied, single-family
782 residence may be approved and permitted by the department as a
783 maintenance entity for his or her own aerobic treatment unit
784 system upon written certification from the system manufacturer’s
785 approved representative that the property owner has received
786 training on the proper installation and service of the system.
787 The maintenance entity service agreement must conspicuously
788 disclose that the property owner has the right to maintain his
789 or her own system and is exempt from contractor registration
790 requirements for performing construction, maintenance, or
791 repairs on the system but is subject to all permitting
792 requirements.
793 3. A septic tank contractor licensed under part III of
794 chapter 489, if approved by the manufacturer, may not be denied
795 access by the manufacturer to aerobic treatment unit system
796 training or spare parts for maintenance entities. After the
797 original warranty period, component parts for an aerobic
798 treatment unit system may be replaced with parts that meet
799 manufacturer’s specifications but are manufactured by others.
800 The maintenance entity shall maintain documentation of the
801 substitute part’s equivalency for 2 years and shall provide such
802 documentation to the department upon request.
803 4. The owner of an aerobic treatment unit system shall
804 obtain a system operating permit from the department and allow
805 the department to inspect during reasonable hours each aerobic
806 treatment unit system at least annually, and such inspection may
807 include collection and analysis of system-effluent samples for
808 performance criteria established by rule of the department.
809 (v) The department may require the submission of detailed
810 system construction plans that are prepared by a professional
811 engineer registered in this state. The department shall
812 establish by rule criteria for determining when such a
813 submission is required.
814 (w) Any permit issued and approved by the department for
815 the installation, modification, or repair of an onsite sewage
816 treatment and disposal system shall transfer with the title to
817 the property in a real estate transaction. A title may not be
818 encumbered at the time of transfer by new permit requirements by
819 a governmental entity for an onsite sewage treatment and
820 disposal system which differ from the permitting requirements in
821 effect at the time the system was permitted, modified, or
822 repaired. An inspection of a system may not be mandated by a
823 governmental entity at the point of sale in a real estate
824 transaction. This paragraph does not affect a septic tank phase
825 out deferral program implemented by a consolidated government as
826 defined in s. 9, Art. VIII of the State Constitution (1885).
827 (x) A governmental entity, including a municipality,
828 county, or statutorily created commission, may not require an
829 engineer-designed performance-based treatment system, excluding
830 a passive engineer-designed performance-based treatment system,
831 before the completion of the Florida Onsite Sewage Nitrogen
832 Reduction Strategies Project. This paragraph does not apply to a
833 governmental entity, including a municipality, county, or
834 statutorily created commission, which adopted a local law,
835 ordinance, or regulation on or before January 31, 2012.
836 Notwithstanding this paragraph, an engineer-designed
837 performance-based treatment system may be used to meet the
838 requirements of the variance review and advisory committee
839 recommendations.
840 (y)1. An onsite sewage treatment and disposal system is not
841 considered abandoned if the system is disconnected from a
842 structure that was made unusable or destroyed following a
843 disaster and if the system was properly functioning at the time
844 of disconnection and was not adversely affected by the disaster.
845 The onsite sewage treatment and disposal system may be
846 reconnected to a rebuilt structure if:
847 a. The reconnection of the system is to the same type of
848 structure which contains the same number of bedrooms or fewer,
849 if the square footage of the structure is less than or equal to
850 110 percent of the original square footage of the structure that
851 existed before the disaster;
852 b. The system is not a sanitary nuisance; and
853 c. The system has not been altered without prior
854 authorization.
855 2. An onsite sewage treatment and disposal system that
856 serves a property that is foreclosed upon is not considered
857 abandoned.
858 (z) If an onsite sewage treatment and disposal system
859 permittee receives, relies upon, and undertakes construction of
860 a system based upon a validly issued construction permit under
861 rules applicable at the time of construction but a change to a
862 rule occurs within 5 years after the approval of the system for
863 construction but before the final approval of the system, the
864 rules applicable and in effect at the time of construction
865 approval apply at the time of final approval if fundamental site
866 conditions have not changed between the time of construction
867 approval and final approval.
868 (aa) An existing-system inspection or evaluation and
869 assessment, or a modification, replacement, or upgrade of an
870 onsite sewage treatment and disposal system is not required for
871 a remodeling addition or modification to a single-family home if
872 a bedroom is not added. However, a remodeling addition or
873 modification to a single-family home may not cover any part of
874 the existing system or encroach upon a required setback or the
875 unobstructed area. To determine if a setback or the unobstructed
876 area is impacted, the local health department shall review and
877 verify a floor plan and site plan of the proposed remodeling
878 addition or modification to the home submitted by a remodeler
879 which shows the location of the system, including the distance
880 of the remodeling addition or modification to the home from the
881 onsite sewage treatment and disposal system. The local health
882 department may visit the site or otherwise determine the best
883 means of verifying the information submitted. A verification of
884 the location of a system is not an inspection or evaluation and
885 assessment of the system. The review and verification must be
886 completed within 7 business days after receipt by the local
887 health department of a floor plan and site plan. If the review
888 and verification is not completed within such time, the
889 remodeling addition or modification to the single-family home,
890 for the purposes of this paragraph, is approved.
891 Section 5. Section 381.00652, Florida Statutes, is created
892 to read:
893 381.00652 Onsite sewage treatment and disposal systems
894 technical advisory committee.—
895 (1) An onsite sewage treatment and disposal systems
896 technical advisory committee, a committee as defined in s.
897 20.03(8), is created within the department. The committee shall:
898 (a) Provide recommendations to increase the availability in
899 the marketplace of nutrient-removing onsite sewage treatment and
900 disposal systems, including systems that are cost-effective,
901 low-maintenance, and reliable.
902 (b) Consider and recommend regulatory options, such as
903 fast-track approval, prequalification, or expedited permitting,
904 to facilitate the introduction and use of nutrient-removing
905 onsite sewage treatment and disposal systems that have been
906 reviewed and approved by a national agency or organization, such
907 as the American National Standards Institute 245 systems
908 approved by the National Sanitation Foundation International.
909 (c) Provide recommendations for appropriate setback
910 distances for onsite sewage treatment and disposal systems from
911 surface water, groundwater, and wells.
912 (2) The department shall use existing and available
913 resources to administer and support the activities of the
914 committee.
915 (3)(a) By August 1, 2021, the department, in consultation
916 with the Department of Health, shall appoint no more than nine
917 members to the committee, including, but not limited to, the
918 following:
919 1. A professional engineer.
920 2. A septic tank contractor.
921 3. A representative from the home building industry.
922 4. A representative from the real estate industry.
923 5. A representative from the onsite sewage treatment and
924 disposal system industry.
925 6. A representative from local government.
926 7. Two representatives from the environmental community.
927 8. A representative of the scientific and technical
928 community who has substantial expertise in the areas of the fate
929 and transport of water pollutants, toxicology, epidemiology,
930 geology, biology, or environmental sciences.
931 (b) Members shall serve without compensation and are not
932 entitled to reimbursement for per diem or travel expenses.
933 (4) By January 1, 2022, the committee shall submit its
934 recommendations to the Governor, the President of the Senate,
935 and the Speaker of the House of Representatives.
936 (5) This section expires August 15, 2022.
937 Section 6. Effective July 1, 2021, section 381.0068,
938 Florida Statutes, is repealed.
939 Section 7. Present subsections (14) through (44) of section
940 403.061, Florida Statutes, are redesignated as subsections (15)
941 through (45), respectively, a new subsection (14) is added to
942 that section, and subsection (7) of that section is amended, to
943 read:
944 403.061 Department; powers and duties.—The department shall
945 have the power and the duty to control and prohibit pollution of
946 air and water in accordance with the law and rules adopted and
947 promulgated by it and, for this purpose, to:
948 (7) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
949 implement the provisions of this act. Any rule adopted pursuant
950 to this act must shall be consistent with the provisions of
951 federal law, if any, relating to control of emissions from motor
952 vehicles, effluent limitations, pretreatment requirements, or
953 standards of performance. A No county, municipality, or
954 political subdivision may not shall adopt or enforce any local
955 ordinance, special law, or local regulation requiring the
956 installation of Stage II vapor recovery systems, as currently
957 defined by department rule, unless such county, municipality, or
958 political subdivision is or has been in the past designated by
959 federal regulation as a moderate, serious, or severe ozone
960 nonattainment area. Rules adopted pursuant to this act may shall
961 not require dischargers of waste into waters of the state to
962 improve natural background conditions. The department shall
963 adopt rules to reasonably limit, reduce, and eliminate leaks,
964 seepages, or inputs into the underground pipes of wastewater
965 collection systems. Discharges from steam electric generating
966 plants existing or licensed under this chapter on July 1, 1984,
967 may shall not be required to be treated to a greater extent than
968 may be necessary to assure that the quality of nonthermal
969 components of discharges from nonrecirculated cooling water
970 systems is as high as the quality of the makeup waters; that the
971 quality of nonthermal components of discharges from recirculated
972 cooling water systems is no lower than is allowed for blowdown
973 from such systems; or that the quality of noncooling system
974 discharges which receive makeup water from a receiving body of
975 water which does not meet applicable department water quality
976 standards is as high as the quality of the receiving body of
977 water. The department may not adopt standards more stringent
978 than federal regulations, except as provided in s. 403.804.
979 (14) In order to promote resilient utilities, require
980 public utilities or their affiliated companies that hold or are
981 seeking a wastewater discharge permit to file reports and other
982 data regarding transactions or allocations of common costs among
983 the utility or entity and such affiliated companies. The
984 department may require such reports or other data necessary to
985 ensure a permitted entity is reporting expenditures on pollution
986 mitigation and prevention, including, but not limited to, the
987 prevention of sanitary sewer overflows, collection and
988 transmission system pipe leakages, and inflow and infiltration.
989 The department shall adopt rules to implement this subsection.
990
991 The department shall implement such programs in conjunction with
992 its other powers and duties and shall place special emphasis on
993 reducing and eliminating contamination that presents a threat to
994 humans, animals or plants, or to the environment.
995 Section 8. Section 403.0616, Florida Statutes, is created
996 to read:
997 403.0616 Real-time water quality monitoring program.–
998 (1) Subject to appropriation, the department shall
999 establish a real-time water quality monitoring program to assist
1000 in the restoration, preservation, and enhancement of impaired
1001 waterbodies and coastal resources.
1002 (2) In order to expedite the creation and implementation of
1003 the program, the department is encouraged to form public-private
1004 partnerships with established scientific entities that have
1005 proven existing real-time water quality monitoring equipment and
1006 experience in deploying the equipment.
1007 Section 9. Subsection (7) of section 403.067, Florida
1008 Statutes, is amended to read:
1009 403.067 Establishment and implementation of total maximum
1010 daily loads.—
1011 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
1012 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
1013 (a) Basin management action plans.—
1014 1. In developing and implementing the total maximum daily
1015 load for a water body, the department, or the department in
1016 conjunction with a water management district, may develop a
1017 basin management action plan that addresses some or all of the
1018 watersheds and basins tributary to the water body. Such plan
1019 must integrate the appropriate management strategies available
1020 to the state through existing water quality protection programs
1021 to achieve the total maximum daily loads and may provide for
1022 phased implementation of these management strategies to promote
1023 timely, cost-effective actions as provided for in s. 403.151.
1024 The plan must establish a schedule implementing the management
1025 strategies, establish a basis for evaluating the plan’s
1026 effectiveness, and identify feasible funding strategies for
1027 implementing the plan’s management strategies. The management
1028 strategies may include regional treatment systems or other
1029 public works, where appropriate, and voluntary trading of water
1030 quality credits to achieve the needed pollutant load reductions.
1031 2. A basin management action plan must equitably allocate,
1032 pursuant to paragraph (6)(b), pollutant reductions to individual
1033 basins, as a whole to all basins, or to each identified point
1034 source or category of nonpoint sources, as appropriate. For
1035 nonpoint sources for which best management practices have been
1036 adopted, the initial requirement specified by the plan must be
1037 those practices developed pursuant to paragraph (c). When Where
1038 appropriate, the plan may take into account the benefits of
1039 pollutant load reduction achieved by point or nonpoint sources
1040 that have implemented management strategies to reduce pollutant
1041 loads, including best management practices, before the
1042 development of the basin management action plan. The plan must
1043 also identify the mechanisms that will address potential future
1044 increases in pollutant loading.
1045 3. The basin management action planning process is intended
1046 to involve the broadest possible range of interested parties,
1047 with the objective of encouraging the greatest amount of
1048 cooperation and consensus possible. In developing a basin
1049 management action plan, the department shall assure that key
1050 stakeholders, including, but not limited to, applicable local
1051 governments, water management districts, the Department of
1052 Agriculture and Consumer Services, other appropriate state
1053 agencies, local soil and water conservation districts,
1054 environmental groups, regulated interests, and affected
1055 pollution sources, are invited to participate in the process.
1056 The department shall hold at least one public meeting in the
1057 vicinity of the watershed or basin to discuss and receive
1058 comments during the planning process and shall otherwise
1059 encourage public participation to the greatest practicable
1060 extent. Notice of the public meeting must be published in a
1061 newspaper of general circulation in each county in which the
1062 watershed or basin lies at least not less than 5 days, but not
1063 nor more than 15 days, before the public meeting. A basin
1064 management action plan does not supplant or otherwise alter any
1065 assessment made under subsection (3) or subsection (4) or any
1066 calculation or initial allocation.
1067 4. Each new or revised basin management action plan shall
1068 include:
1069 a. The appropriate management strategies available through
1070 existing water quality protection programs to achieve total
1071 maximum daily loads, which may provide for phased implementation
1072 to promote timely, cost-effective actions as provided for in s.
1073 403.151;
1074 b. A description of best management practices adopted by
1075 rule;
1076 c. A list of projects in priority ranking with a planning
1077 level cost estimate and estimated date of completion for each
1078 listed project;
1079 d. The source and amount of financial assistance to be made
1080 available by the department, a water management district, or
1081 other entity for each listed project, if applicable; and
1082 e. A planning-level estimate of each listed project’s
1083 expected load reduction, if applicable.
1084 5. The department shall adopt all or any part of a basin
1085 management action plan and any amendment to such plan by
1086 secretarial order pursuant to chapter 120 to implement the
1087 provisions of this section.
1088 6. The basin management action plan must include milestones
1089 for implementation and water quality improvement, and an
1090 associated water quality monitoring component sufficient to
1091 evaluate whether reasonable progress in pollutant load
1092 reductions is being achieved over time. An assessment of
1093 progress toward these milestones shall be conducted every 5
1094 years, and revisions to the plan shall be made as appropriate.
1095 Revisions to the basin management action plan shall be made by
1096 the department in cooperation with basin stakeholders. Revisions
1097 to the management strategies required for nonpoint sources must
1098 follow the procedures set forth in subparagraph (c)4. Revised
1099 basin management action plans must be adopted pursuant to
1100 subparagraph 5.
1101 7. In accordance with procedures adopted by rule under
1102 paragraph (9)(c), basin management action plans, and other
1103 pollution control programs under local, state, or federal
1104 authority as provided in subsection (4), may allow point or
1105 nonpoint sources that will achieve greater pollutant reductions
1106 than required by an adopted total maximum daily load or
1107 wasteload allocation to generate, register, and trade water
1108 quality credits for the excess reductions to enable other
1109 sources to achieve their allocation; however, the generation of
1110 water quality credits does not remove the obligation of a source
1111 or activity to meet applicable technology requirements or
1112 adopted best management practices. Such plans must allow trading
1113 between NPDES permittees, and trading that may or may not
1114 involve NPDES permittees, where the generation or use of the
1115 credits involve an entity or activity not subject to department
1116 water discharge permits whose owner voluntarily elects to obtain
1117 department authorization for the generation and sale of credits.
1118 8. The provisions of The department’s rule relating to the
1119 equitable abatement of pollutants into surface waters do not
1120 apply to water bodies or water body segments for which a basin
1121 management plan that takes into account future new or expanded
1122 activities or discharges has been adopted under this section.
1123 9. In order to promote resilient utilities, if the
1124 department identifies domestic wastewater facilities or onsite
1125 sewage treatment and disposal systems as contributors of at
1126 least 20 percent of point source or nonpoint source nutrient
1127 pollution or if the department determines remediation is
1128 necessary to achieve the total maximum daily load, a basin
1129 management action plan for a nutrient total maximum daily load
1130 must include the following:
1131 a. A wastewater treatment plan that addresses domestic
1132 wastewater developed by each local government in cooperation
1133 with the department, the water management district, and the
1134 public and private domestic wastewater facilities within the
1135 jurisdiction of the local government. The wastewater treatment
1136 plan must:
1137 (I) Provide for construction, expansion, or upgrades
1138 necessary to achieve the total maximum daily load requirements
1139 applicable to the domestic wastewater facility.
1140 (II) Include the permitted capacity in gallons per day for
1141 the domestic wastewater facility; the average nutrient
1142 concentration and the estimated average nutrient load of the
1143 domestic wastewater; a timeline of the dates by which the
1144 construction of any facility improvements will begin and be
1145 completed and the date by which operations of the improved
1146 facility will begin; the estimated cost of the improvements; and
1147 the identity of responsible parties.
1148
1149 The wastewater treatment plan must be adopted as part of the
1150 basin management action plan no later than July 1, 2025. A local
1151 government that does not have a domestic wastewater treatment
1152 facility in its jurisdiction is not required to develop a
1153 wastewater treatment plan unless there is a demonstrated need to
1154 establish a domestic wastewater treatment facility within its
1155 jurisdiction to improve water quality necessary to achieve a
1156 total maximum daily load.
1157 b. An onsite sewage treatment and disposal system
1158 remediation plan developed by each local government in
1159 cooperation with the department, the Department of Health, water
1160 management districts, and public and private domestic wastewater
1161 facilities.
1162 (I) The onsite sewage treatment and disposal system
1163 remediation plan must identify cost-effective and financially
1164 feasible projects necessary to achieve the nutrient load
1165 reductions required for onsite sewage treatment and disposal
1166 systems. To identify cost-effective and financially feasible
1167 projects for remediation of onsite sewage treatment and disposal
1168 systems, the local government shall:
1169 (A) Include an inventory of onsite sewage treatment and
1170 disposal systems based on the best information available;
1171 (B) Identify onsite sewage treatment and disposal systems
1172 that would be eliminated through connection to existing or
1173 future central wastewater infrastructure, that would be replaced
1174 with or upgraded to advanced nutrient-removal systems, or that
1175 would remain on conventional onsite sewage treatment and
1176 disposal systems;
1177 (C) Estimate the costs of potential onsite sewage treatment
1178 and disposal systems connections, upgrades, or replacements; and
1179 (D) Identify deadlines and interim milestones for the
1180 planning, design, and construction of projects.
1181 (II) The department shall adopt the onsite sewage treatment
1182 and disposal system remediation plan as part of the basin
1183 management action plan no later than July 1, 2025, or as
1184 required for Outstanding Florida Springs under s. 373.807.
1185 10. When identifying wastewater projects in a basin
1186 management action plan, the department may not require the
1187 higher cost option if it achieves the same nutrient load
1188 reduction as a lower cost option.
1189 (b) Total maximum daily load implementation.—
1190 1. The department shall be the lead agency in coordinating
1191 the implementation of the total maximum daily loads through
1192 existing water quality protection programs. Application of a
1193 total maximum daily load by a water management district must be
1194 consistent with this section and does not require the issuance
1195 of an order or a separate action pursuant to s. 120.536(1) or s.
1196 120.54 for the adoption of the calculation and allocation
1197 previously established by the department. Such programs may
1198 include, but are not limited to:
1199 a. Permitting and other existing regulatory programs,
1200 including water-quality-based effluent limitations;
1201 b. Nonregulatory and incentive-based programs, including
1202 best management practices, cost sharing, waste minimization,
1203 pollution prevention, agreements established pursuant to s.
1204 403.061(22) s. 403.061(21), and public education;
1205 c. Other water quality management and restoration
1206 activities, for example surface water improvement and management
1207 plans approved by water management districts or basin management
1208 action plans developed pursuant to this subsection;
1209 d. Trading of water quality credits or other equitable
1210 economically based agreements;
1211 e. Public works including capital facilities; or
1212 f. Land acquisition.
1213 2. For a basin management action plan adopted pursuant to
1214 paragraph (a), any management strategies and pollutant reduction
1215 requirements associated with a pollutant of concern for which a
1216 total maximum daily load has been developed, including effluent
1217 limits set forth for a discharger subject to NPDES permitting,
1218 if any, must be included in a timely manner in subsequent NPDES
1219 permits or permit modifications for that discharger. The
1220 department may not impose limits or conditions implementing an
1221 adopted total maximum daily load in an NPDES permit until the
1222 permit expires, the discharge is modified, or the permit is
1223 reopened pursuant to an adopted basin management action plan.
1224 a. Absent a detailed allocation, total maximum daily loads
1225 must be implemented through NPDES permit conditions that provide
1226 for a compliance schedule. In such instances, a facility’s NPDES
1227 permit must allow time for the issuance of an order adopting the
1228 basin management action plan. The time allowed for the issuance
1229 of an order adopting the plan may not exceed 5 years. Upon
1230 issuance of an order adopting the plan, the permit must be
1231 reopened or renewed, as necessary, and permit conditions
1232 consistent with the plan must be established. Notwithstanding
1233 the other provisions of this subparagraph, upon request by an
1234 NPDES permittee, the department as part of a permit issuance,
1235 renewal, or modification may establish individual allocations
1236 before the adoption of a basin management action plan.
1237 b. For holders of NPDES municipal separate storm sewer
1238 system permits and other stormwater sources, implementation of a
1239 total maximum daily load or basin management action plan must be
1240 achieved, to the maximum extent practicable, through the use of
1241 best management practices or other management measures.
1242 c. The basin management action plan does not relieve the
1243 discharger from any requirement to obtain, renew, or modify an
1244 NPDES permit or to abide by other requirements of the permit.
1245 d. Management strategies set forth in a basin management
1246 action plan to be implemented by a discharger subject to
1247 permitting by the department must be completed pursuant to the
1248 schedule set forth in the basin management action plan. This
1249 implementation schedule may extend beyond the 5-year term of an
1250 NPDES permit.
1251 e. Management strategies and pollution reduction
1252 requirements set forth in a basin management action plan for a
1253 specific pollutant of concern are not subject to challenge under
1254 chapter 120 at the time they are incorporated, in an identical
1255 form, into a subsequent NPDES permit or permit modification.
1256 f. For nonagricultural pollutant sources not subject to
1257 NPDES permitting but permitted pursuant to other state,
1258 regional, or local water quality programs, the pollutant
1259 reduction actions adopted in a basin management action plan must
1260 be implemented to the maximum extent practicable as part of
1261 those permitting programs.
1262 g. A nonpoint source discharger included in a basin
1263 management action plan must demonstrate compliance with the
1264 pollutant reductions established under subsection (6) by
1265 implementing the appropriate best management practices
1266 established pursuant to paragraph (c) or conducting water
1267 quality monitoring prescribed by the department or a water
1268 management district. A nonpoint source discharger may, in
1269 accordance with department rules, supplement the implementation
1270 of best management practices with water quality credit trades in
1271 order to demonstrate compliance with the pollutant reductions
1272 established under subsection (6).
1273 h. A nonpoint source discharger included in a basin
1274 management action plan may be subject to enforcement action by
1275 the department or a water management district based upon a
1276 failure to implement the responsibilities set forth in sub
1277 subparagraph g.
1278 i. A landowner, discharger, or other responsible person who
1279 is implementing applicable management strategies specified in an
1280 adopted basin management action plan may not be required by
1281 permit, enforcement action, or otherwise to implement additional
1282 management strategies, including water quality credit trading,
1283 to reduce pollutant loads to attain the pollutant reductions
1284 established pursuant to subsection (6) and shall be deemed to be
1285 in compliance with this section. This subparagraph does not
1286 limit the authority of the department to amend a basin
1287 management action plan as specified in subparagraph (a)6.
1288 (c) Best management practices.—
1289 1. The department, in cooperation with the water management
1290 districts and other interested parties, as appropriate, may
1291 develop suitable interim measures, best management practices, or
1292 other measures necessary to achieve the level of pollution
1293 reduction established by the department for nonagricultural
1294 nonpoint pollutant sources in allocations developed pursuant to
1295 subsection (6) and this subsection. These practices and measures
1296 may be adopted by rule by the department and the water
1297 management districts and, where adopted by rule, shall be
1298 implemented by those parties responsible for nonagricultural
1299 nonpoint source pollution.
1300 2. The Department of Agriculture and Consumer Services may
1301 develop and adopt by rule pursuant to ss. 120.536(1) and 120.54
1302 suitable interim measures, best management practices, or other
1303 measures necessary to achieve the level of pollution reduction
1304 established by the department for agricultural pollutant sources
1305 in allocations developed pursuant to subsection (6) and this
1306 subsection or for programs implemented pursuant to paragraph
1307 (12)(b). These practices and measures may be implemented by
1308 those parties responsible for agricultural pollutant sources and
1309 the department, the water management districts, and the
1310 Department of Agriculture and Consumer Services shall assist
1311 with implementation. In the process of developing and adopting
1312 rules for interim measures, best management practices, or other
1313 measures, the Department of Agriculture and Consumer Services
1314 shall consult with the department, the Department of Health, the
1315 water management districts, representatives from affected
1316 farming groups, and environmental group representatives. Such
1317 rules must also incorporate provisions for a notice of intent to
1318 implement the practices and a system to assure the
1319 implementation of the practices, including site inspection and
1320 recordkeeping requirements.
1321 3. Where interim measures, best management practices, or
1322 other measures are adopted by rule, the effectiveness of such
1323 practices in achieving the levels of pollution reduction
1324 established in allocations developed by the department pursuant
1325 to subsection (6) and this subsection or in programs implemented
1326 pursuant to paragraph (12)(b) must be verified at representative
1327 sites by the department. The department shall use best
1328 professional judgment in making the initial verification that
1329 the best management practices are reasonably expected to be
1330 effective and, where applicable, must notify the appropriate
1331 water management district or the Department of Agriculture and
1332 Consumer Services of its initial verification before the
1333 adoption of a rule proposed pursuant to this paragraph.
1334 Implementation, in accordance with rules adopted under this
1335 paragraph, of practices that have been initially verified to be
1336 effective, or verified to be effective by monitoring at
1337 representative sites, by the department, shall provide a
1338 presumption of compliance with state water quality standards and
1339 release from the provisions of s. 376.307(5) for those
1340 pollutants addressed by the practices, and the department is not
1341 authorized to institute proceedings against the owner of the
1342 source of pollution to recover costs or damages associated with
1343 the contamination of surface water or groundwater caused by
1344 those pollutants. Research projects funded by the department, a
1345 water management district, or the Department of Agriculture and
1346 Consumer Services to develop or demonstrate interim measures or
1347 best management practices shall be granted a presumption of
1348 compliance with state water quality standards and a release from
1349 the provisions of s. 376.307(5). The presumption of compliance
1350 and release is limited to the research site and only for those
1351 pollutants addressed by the interim measures or best management
1352 practices. Eligibility for the presumption of compliance and
1353 release is limited to research projects on sites where the owner
1354 or operator of the research site and the department, a water
1355 management district, or the Department of Agriculture and
1356 Consumer Services have entered into a contract or other
1357 agreement that, at a minimum, specifies the research objectives,
1358 the cost-share responsibilities of the parties, and a schedule
1359 that details the beginning and ending dates of the project.
1360 4. Where water quality problems are demonstrated, despite
1361 the appropriate implementation, operation, and maintenance of
1362 best management practices and other measures required by rules
1363 adopted under this paragraph, the department, a water management
1364 district, or the Department of Agriculture and Consumer
1365 Services, in consultation with the department, shall institute a
1366 reevaluation of the best management practice or other measure.
1367 Should the reevaluation determine that the best management
1368 practice or other measure requires modification, the department,
1369 a water management district, or the Department of Agriculture
1370 and Consumer Services, as appropriate, shall revise the rule to
1371 require implementation of the modified practice within a
1372 reasonable time period as specified in the rule.
1373 5. The Department of Agriculture and Consumer Services
1374 shall collect fertilization and nutrient records from each
1375 agriculture producer enrolled in best management practices that
1376 address nutrients. These records must include rates of
1377 application in pounds per acre; application method; fertilizer
1378 type or source; acres covered; formulation of the applied
1379 fertilizer, including nitrogen and phosphorus content; location;
1380 grade; and dates applied. By each March 1, the Department of
1381 Agriculture and Consumer Services shall provide the previous
1382 year’s records to the department.
1383 6. Agricultural records relating to processes or methods of
1384 production, costs of production, profits, or other financial
1385 information held by the Department of Agriculture and Consumer
1386 Services pursuant to subparagraphs 3. and 4. or pursuant to any
1387 rule adopted pursuant to subparagraph 2. are confidential and
1388 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
1389 Constitution. Upon request, records made confidential and exempt
1390 pursuant to this subparagraph shall be released to the
1391 department or any water management district provided that the
1392 confidentiality specified by this subparagraph for such records
1393 is maintained.
1394 7.6. The provisions of Subparagraphs 1. and 2. do not
1395 preclude the department or water management district from
1396 requiring compliance with water quality standards or with
1397 current best management practice requirements set forth in any
1398 applicable regulatory program authorized by law for the purpose
1399 of protecting water quality. Additionally, subparagraphs 1. and
1400 2. are applicable only to the extent that they do not conflict
1401 with any rules adopted by the department that are necessary to
1402 maintain a federally delegated or approved program.
1403 (d) Enforcement and verification of basin management action
1404 plans and management strategies.—
1405 1. Basin management action plans are enforceable pursuant
1406 to this section and ss. 403.121, 403.141, and 403.161.
1407 Management strategies, including best management practices and
1408 water quality monitoring, are enforceable under this chapter.
1409 2. No later than January 1, 2017:
1410 a. The department, in consultation with the water
1411 management districts and the Department of Agriculture and
1412 Consumer Services, shall initiate rulemaking to adopt procedures
1413 to verify implementation of water quality monitoring required in
1414 lieu of implementation of best management practices or other
1415 measures pursuant to sub-subparagraph (b)2.g.;
1416 b. The department, in consultation with the water
1417 management districts and the Department of Agriculture and
1418 Consumer Services, shall initiate rulemaking to adopt procedures
1419 to verify implementation of nonagricultural interim measures,
1420 best management practices, or other measures adopted by rule
1421 pursuant to subparagraph (c)1.; and
1422 c. The Department of Agriculture and Consumer Services, in
1423 consultation with the water management districts and the
1424 department, shall initiate rulemaking to adopt procedures to
1425 verify implementation of agricultural interim measures, best
1426 management practices, or other measures adopted by rule pursuant
1427 to subparagraph(c)2.
1428
1429 The rules required under this subparagraph shall include
1430 enforcement procedures applicable to the landowner, discharger,
1431 or other responsible person required to implement applicable
1432 management strategies, including best management practices or
1433 water quality monitoring as a result of noncompliance.
1434 3. At least every 2 years, the Department of Agriculture
1435 and Consumer Services shall perform onsite inspections of each
1436 agricultural producer that enrolls in a best management practice
1437 to ensure that such practice is being properly implemented.
1438 (e) Data collection and research.—
1439 1. The Department of Agriculture and Consumer Services, the
1440 University of Florida Institute of Food and Agricultural
1441 Sciences, and other state universities and Florida College
1442 System institutions with agricultural research programs may
1443 annually develop research plans and legislative budget requests
1444 to:
1445 a. Evaluate and suggest enhancements to the existing
1446 adopted agricultural best management practices to reduce
1447 nutrients;
1448 b. Develop new best management practices that, if proven
1449 effective, the Department of Agriculture and Consumer Services
1450 may adopt by rule pursuant to paragraph 403.067(7)(c); and
1451 c. Develop agricultural nutrient reduction projects that
1452 willing participants could implement on a site-specific,
1453 cooperative basis, in addition to best management practices. The
1454 department may consider these projects for inclusion in a basin
1455 management action plan. These best management practices must
1456 reduce the nutrient impacts from agricultural operations on
1457 water quality when evaluated with the projects and management
1458 strategies currently included in the basin management action
1459 plan.
1460 2. To be considered for funding, the University of Florida
1461 Institute of Food and Agricultural Sciences and other state
1462 universities and Florida College System institutions that have
1463 agricultural research programs must submit such plans to the
1464 department and the Department of Agriculture and Consumer
1465 Services by August 1 of each year.
1466 Section 10. Section 403.0673, Florida Statutes, is created
1467 to read:
1468 403.0673 Wastewater grant program.—A wastewater grant
1469 program is established within the Department of Environmental
1470 Protection.
1471 (1) Subject to the appropriation of funds by the
1472 Legislature, the department may provide grants for the following
1473 projects that will individually or collectively reduce excess
1474 nutrient pollution:
1475 (a) Projects to retrofit onsite sewage treatment and
1476 disposal systems to upgrade them to nutrient-reducing onsite
1477 sewage treatment and disposal systems.
1478 (b) Projects to construct, upgrade, or expand facilities to
1479 provide advanced waste treatment, as defined in s. 403.086(4).
1480 (c) Projects to connect onsite sewage treatment and
1481 disposal systems to central sewer facilities.
1482 (2) In allocating such funds, priority must be given to
1483 projects that subsidize the connection of onsite sewage
1484 treatment and disposal systems to a wastewater treatment plant.
1485 In determining priorities, the department shall consider the
1486 estimated reduction in nutrient load per project; project
1487 readiness; cost-effectiveness of the project; overall
1488 environmental benefit of a project; the location of a project;
1489 the availability of local matching funds; and projected water
1490 savings or quantity improvements associated with a project.
1491 (3) Each grant for a project described in subsection (1)
1492 must require a minimum of a 50 percent local match of funds.
1493 However, the department may, at its discretion, waive, in whole
1494 or in part, this consideration of the local contribution for
1495 proposed projects within an area designated as a rural area of
1496 opportunity under s. 288.0656.
1497 (4) The department shall coordinate with each water
1498 management district, as necessary, to identify grant recipients
1499 in each district.
1500 (5) Beginning January 1, 2021, and each January 1
1501 thereafter, the department shall submit a report regarding the
1502 projects funded pursuant to this section to the Governor, the
1503 President of the Senate, and the Speaker of the House of
1504 Representatives.
1505 Section 11. Section 403.0855, Florida Statutes, is created
1506 to read:
1507 403.0855 Biosolids management.—The Legislature finds that
1508 it is in the best interest of this state to regulate biosolids
1509 management in order to minimize the migration of nutrients that
1510 impair waterbodies. The Legislature further finds that the
1511 expedited implementation of the recommendations of the Biosolids
1512 Technical Advisory Committee, including permitting according to
1513 site-specific application conditions, an increased inspection
1514 rate, groundwater and surface water monitoring protocols, and
1515 nutrient management research, will improve biosolids management
1516 and assist in protecting this state’s water resources and water
1517 quality. The department shall adopt rules for biosolids
1518 management. Rules adopted by the department pursuant to this
1519 section before the 2021 regular legislative session are not
1520 subject to s. 120.541(3).
1521 Section 12. Present subsections (7) through (10) of section
1522 403.086, Florida Statutes, are redesignated as subsections (8)
1523 through (11), respectively, a new subsection (7) is added to
1524 that section, and paragraph (c) of subsection (1) and subsection
1525 (2) of that section are amended, to read:
1526 403.086 Sewage disposal facilities; advanced and secondary
1527 waste treatment.—
1528 (1)
1529 (c) Notwithstanding any other provisions of this chapter or
1530 chapter 373, facilities for sanitary sewage disposal may not
1531 dispose of any wastes into Old Tampa Bay, Tampa Bay,
1532 Hillsborough Bay, Boca Ciega Bay, St. Joseph Sound, Clearwater
1533 Bay, Sarasota Bay, Little Sarasota Bay, Roberts Bay, Lemon Bay,
1534 or Charlotte Harbor Bay, Indian River Lagoon, or into any river,
1535 stream, channel, canal, bay, bayou, sound, or other water
1536 tributary thereto, without providing advanced waste treatment,
1537 as defined in subsection (4), approved by the department. This
1538 paragraph shall not apply to facilities which were permitted by
1539 February 1, 1987, and which discharge secondary treated
1540 effluent, followed by water hyacinth treatment, to tributaries
1541 of tributaries of the named waters; or to facilities permitted
1542 to discharge to the nontidally influenced portions of the Peace
1543 River.
1544 (2) Any facilities for sanitary sewage disposal shall
1545 provide for secondary waste treatment, a power outage
1546 contingency plan that mitigates the impacts of power outages on
1547 the utility’s collection system and pump stations, and, in
1548 addition thereto, advanced waste treatment as deemed necessary
1549 and ordered by the Department of Environmental Protection.
1550 Failure to conform is shall be punishable by a civil penalty of
1551 $500 for each 24-hour day or fraction thereof that such failure
1552 is allowed to continue thereafter.
1553 (7) All facilities for sanitary sewage under subsection (2)
1554 which control a collection or transmission system of pipes and
1555 pumps to collect and transmit wastewater from domestic or
1556 industrial sources to the facility shall take steps to prevent
1557 sanitary sewer overflows or underground pipe leaks and ensure
1558 that collected waste water reaches the facility for appropriate
1559 treatment. Such facilities must use inflow and infiltration
1560 studies and leakage surveys to develop pipe assessment, repair,
1561 and replacement action plans which must be reported to the
1562 department. Facilities must use inflow and infiltration studies
1563 and leakage surveys to develop pipe assessment, repair, and
1564 replacement action plans that comply with department rule to
1565 limit, reduce, and eliminate leaks, seepages, or inputs into
1566 wastewater treatment systems’ underground pipes. The pipe
1567 assessment, repair, and replacement action plans must be
1568 reported to the department. The facility report must include
1569 information regarding the annual expenditures dedicated to the
1570 inflow and infiltration studies and replacement action plans
1571 required herein, as well as expenditures dedicated to pipe
1572 assessment, repair, and replacement. The facility report must
1573 include information regarding the annual expenditures dedicated
1574 to the inflow and infiltration studies and the required
1575 replacement action plans, as well as expenditures that are
1576 dedicated to pipe assessment, repair, and replacement. The
1577 department shall adopt rules regarding the implementation of
1578 inflow and infiltration studies and leakage surveys. Substantial
1579 compliance with this subsection is evidence in mitigation for
1580 the purposes of assessing penalties pursuant to ss. 403.121 and
1581 403.141.
1582 Section 13. Present subsections (4) through (10) of section
1583 403.087, Florida Statutes, are redesignated as subsections (5)
1584 through (11), respectively, and a new subsection (4) is added to
1585 that section, to read:
1586 403.087 Permits; general issuance; denial; revocation;
1587 prohibition; penalty.—
1588 (4) The department shall issue an operation permit for a
1589 domestic wastewater treatment facility other than a facility
1590 regulated under the National Pollutant Discharge Elimination
1591 System Program under s. 403.0885 for a term of up to 10 years if
1592 the facility is meeting the stated goals in its action plan
1593 adopted pursuant to s. 403.086(7).
1594 Section 14. Present subsections (3) and (4) of section
1595 403.088, Florida Statutes, are redesignated as subsections (4)
1596 and (5), respectively, a new subsection (3) is added to that
1597 section, and paragraph (c) of subsection (2) of that section is
1598 amended, to read:
1599 403.088 Water pollution operation permits; conditions.—
1600 (2)
1601 (c) A permit shall:
1602 1. Specify the manner, nature, volume, and frequency of the
1603 discharge permitted;
1604 2. Require proper operation and maintenance of any
1605 pollution abatement facility by qualified personnel in
1606 accordance with standards established by the department;
1607 3. Require a deliberate, proactive approach to
1608 investigating or surveying a significant percentage of the
1609 wastewater collection system throughout the duration of the
1610 permit to determine pipe integrity, which must be accomplished
1611 in an economically feasible manner. The permittee shall submit
1612 an annual report to the department which details facility
1613 revenues and expenditures in a manner prescribed by department
1614 rule. The report must detail any deviation from annual
1615 expenditures related to inflow and infiltration studies; model
1616 plans for pipe assessment, repair, and replacement; and pipe
1617 assessment, repair, and replacement required under s.
1618 403.086(7). Substantial compliance with this subsection is
1619 evidence in mitigation for the purposes of assessing penalties
1620 pursuant to ss. 403.121 and 403.141;
1621 4. Contain such additional conditions, requirements, and
1622 restrictions as the department deems necessary to preserve and
1623 protect the quality of the receiving waters;
1624 5.4. Be valid for the period of time specified therein; and
1625 6.5. Constitute the state National Pollutant Discharge
1626 Elimination System permit when issued pursuant to the authority
1627 in s. 403.0885.
1628 (3) No later than March 1 of each year, the department
1629 shall submit a report to the Governor, the President of the
1630 Senate, and the Speaker of the House of Representatives which
1631 identifies all wastewater utilities that experienced a sanitary
1632 sewer overflow in the preceding calendar year. The report must
1633 identify the utility name, operator, number of overflows, and
1634 total quantity of discharge released. The department shall
1635 include with this report the annual report specified under s.
1636 403.088(2)(c)3. for each utility that experienced an overflow.
1637 Section 15. Subsection (6) of section 403.0891, Florida
1638 Statutes, is amended to read:
1639 403.0891 State, regional, and local stormwater management
1640 plans and programs.—The department, the water management
1641 districts, and local governments shall have the responsibility
1642 for the development of mutually compatible stormwater management
1643 programs.
1644 (6) The department and the Department of Economic
1645 Opportunity, in cooperation with local governments in the
1646 coastal zone, shall develop a model stormwater management
1647 program that could be adopted by local governments. The model
1648 program must contain model ordinances that target nutrient
1649 reduction practices and use green infrastructure. The model
1650 program shall contain dedicated funding options, including a
1651 stormwater utility fee system based upon an equitable unit cost
1652 approach. Funding options shall be designed to generate capital
1653 to retrofit existing stormwater management systems, build new
1654 treatment systems, operate facilities, and maintain and service
1655 debt.
1656 Section 16. Paragraph (b) of subsection (3) of section
1657 403.121, Florida Statutes, is amended to read:
1658 403.121 Enforcement; procedure; remedies.—The department
1659 shall have the following judicial and administrative remedies
1660 available to it for violations of this chapter, as specified in
1661 s. 403.161(1).
1662 (3) Except for violations involving hazardous wastes,
1663 asbestos, or underground injection, administrative penalties
1664 must be calculated according to the following schedule:
1665 (b) For failure to obtain a required wastewater permit,
1666 other than a permit required for surface water discharge, the
1667 department shall assess a penalty of $1,000. For a domestic or
1668 industrial wastewater violation not involving a surface water or
1669 groundwater quality violation, the department shall assess a
1670 penalty of $2,000 for an unpermitted or unauthorized discharge
1671 or effluent-limitation exceedance or failure to survey an
1672 adequate portion of the wastewater collection system and take
1673 steps to reduce sanitary sewer overflows, pipe leaks, and inflow
1674 and infiltration. For an unpermitted or unauthorized discharge
1675 or effluent-limitation exceedance that resulted in a surface
1676 water or groundwater quality violation, the department shall
1677 assess a penalty of $5,000.
1678 Section 17. Subsection (3) is added to section 403.885,
1679 Florida Statutes, to read:
1680 403.885 Water Projects Grant Program.—
1681 (3) The department shall give funding priority to grant
1682 proposals submitted by a domestic wastewater utility in
1683 accordance with s. 403.1835 which implement the requirements of
1684 ss. 403.086(7) or 403.088(2)(c).
1685 Section 18. The Legislature determines and declares that
1686 this act fulfills an important state interest.
1687 Section 19. Effective July 1, 2021, subsection (5) of
1688 section 153.54, Florida Statutes, is amended to read:
1689 153.54 Preliminary report by county commissioners with
1690 respect to creation of proposed district.—Upon receipt of a
1691 petition duly signed by not less than 25 qualified electors who
1692 are also freeholders residing within an area proposed to be
1693 incorporated into a water and sewer district pursuant to this
1694 law and describing in general terms the proposed boundaries of
1695 such proposed district, the board of county commissioners if it
1696 shall deem it necessary and advisable to create and establish
1697 such proposed district for the purpose of constructing,
1698 establishing or acquiring a water system or a sewer system or
1699 both in and for such district (herein called “improvements”),
1700 shall first cause a preliminary report to be made which such
1701 report together with any other relevant or pertinent matters,
1702 shall include at least the following:
1703 (5) For the construction of a new proposed sewerage system
1704 or the extension of an existing sewerage system that was not
1705 previously approved, the report shall include a study that
1706 includes the available information from the Department of
1707 Environmental Protection Health on the history of onsite sewage
1708 treatment and disposal systems currently in use in the area and
1709 a comparison of the projected costs to the owner of a typical
1710 lot or parcel of connecting to and using the proposed sewerage
1711 system versus installing, operating, and properly maintaining an
1712 onsite sewage treatment and disposal system that is approved by
1713 the Department of Environmental Protection Health and that
1714 provides for the comparable level of environmental and health
1715 protection as the proposed central sewerage system;
1716 consideration of the local authority’s obligations or reasonably
1717 anticipated obligations for water body cleanup and protection
1718 under state or federal programs, including requirements for
1719 water bodies listed under s. 303(d) of the Clean Water Act, Pub.
1720 L. No. 92-500, 33 U.S.C. ss. 1251 et seq.; and other factors
1721 deemed relevant by the local authority.
1722
1723 Such report shall be filed in the office of the clerk of the
1724 circuit court and shall be open for the inspection of any
1725 taxpayer, property owner, qualified elector or any other
1726 interested or affected person.
1727 Section 20. Effective July 1, 2021, paragraph (c) of
1728 subsection (2) of section 153.73, Florida Statutes, is amended
1729 to read:
1730 153.73 Assessable improvements; levy and payment of special
1731 assessments.—Any district may provide for the construction or
1732 reconstruction of assessable improvements as defined in s.
1733 153.52, and for the levying of special assessments upon
1734 benefited property for the payment thereof, under the provisions
1735 of this section.
1736 (2)
1737 (c) For the construction of a new proposed central sewerage
1738 system or the extension of an existing sewerage system that was
1739 not previously approved, the report shall include a study that
1740 includes the available information from the Department of
1741 Environmental Protection Health on the history of onsite sewage
1742 treatment and disposal systems currently in use in the area and
1743 a comparison of the projected costs to the owner of a typical
1744 lot or parcel of connecting to and using the proposed sewerage
1745 system versus installing, operating, and properly maintaining an
1746 onsite sewage treatment and disposal system that is approved by
1747 the Department of Environmental Protection Health and that
1748 provides for the comparable level of environmental and health
1749 protection as the proposed central sewerage system;
1750 consideration of the local authority’s obligations or reasonably
1751 anticipated obligations for water body cleanup and protection
1752 under state or federal programs, including requirements for
1753 water bodies listed under s. 303(d) of the Clean Water Act, Pub.
1754 L. No. 92-500, 33 U.S.C. ss. 1251 et seq.; and other factors
1755 deemed relevant by the local authority.
1756 Section 21. Effective July 1, 2021, subsection (2) of
1757 section 163.3180, Florida Statutes, is amended to read:
1758 163.3180 Concurrency.—
1759 (2) Consistent with public health and safety, sanitary
1760 sewer, solid waste, drainage, adequate water supplies, and
1761 potable water facilities shall be in place and available to
1762 serve new development no later than the issuance by the local
1763 government of a certificate of occupancy or its functional
1764 equivalent. Prior to approval of a building permit or its
1765 functional equivalent, the local government shall consult with
1766 the applicable water supplier to determine whether adequate
1767 water supplies to serve the new development will be available no
1768 later than the anticipated date of issuance by the local
1769 government of a certificate of occupancy or its functional
1770 equivalent. A local government may meet the concurrency
1771 requirement for sanitary sewer through the use of onsite sewage
1772 treatment and disposal systems approved by the Department of
1773 Environmental Protection Health to serve new development.
1774 Section 22. Effective July 1, 2021, subsection (3) of
1775 section 180.03, Florida Statutes, is amended to read:
1776 180.03 Resolution or ordinance proposing construction or
1777 extension of utility; objections to same.—
1778 (3) For the construction of a new proposed central sewerage
1779 system or the extension of an existing central sewerage system
1780 that was not previously approved, the report shall include a
1781 study that includes the available information from the
1782 Department of Environmental Protection Health on the history of
1783 onsite sewage treatment and disposal systems currently in use in
1784 the area and a comparison of the projected costs to the owner of
1785 a typical lot or parcel of connecting to and using the proposed
1786 central sewerage system versus installing, operating, and
1787 properly maintaining an onsite sewage treatment and disposal
1788 system that is approved by the Department of Environmental
1789 Protection Health and that provides for the comparable level of
1790 environmental and health protection as the proposed central
1791 sewerage system; consideration of the local authority’s
1792 obligations or reasonably anticipated obligations for water body
1793 cleanup and protection under state or federal programs,
1794 including requirements for water bodies listed under s. 303(d)
1795 of the Clean Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251
1796 et seq.; and other factors deemed relevant by the local
1797 authority. The results of such a study shall be included in the
1798 resolution or ordinance required under subsection (1).
1799 Section 23. Subsections (2), (3), and (6) of section
1800 311.105, Florida Statutes, are amended to read:
1801 311.105 Florida Seaport Environmental Management Committee;
1802 permitting; mitigation.—
1803 (2) Each application for a permit authorized pursuant to s.
1804 403.061(38) s. 403.061(37) must include:
1805 (a) A description of maintenance dredging activities to be
1806 conducted and proposed methods of dredged-material management.
1807 (b) A characterization of the materials to be dredged and
1808 the materials within dredged-material management sites.
1809 (c) A description of dredged-material management sites and
1810 plans.
1811 (d) A description of measures to be undertaken, including
1812 environmental compliance monitoring, to minimize adverse
1813 environmental effects of maintenance dredging and dredged
1814 material management.
1815 (e) Such scheduling information as is required to
1816 facilitate state supplementary funding of federal maintenance
1817 dredging and dredged-material management programs consistent
1818 with beach restoration criteria of the Department of
1819 Environmental Protection.
1820 (3) Each application for a permit authorized pursuant to s.
1821 403.061(39) s. 403.061(38) must include the provisions of
1822 paragraphs (2)(b)-(e) and the following:
1823 (a) A description of dredging and dredged-material
1824 management and other related activities associated with port
1825 development, including the expansion of navigation channels,
1826 dredged-material management sites, port harbors, turning basins,
1827 harbor berths, and associated facilities.
1828 (b) A discussion of environmental mitigation as is proposed
1829 for dredging and dredged-material management for port
1830 development, including the expansion of navigation channels,
1831 dredged-material management sites, port harbors, turning basins,
1832 harbor berths, and associated facilities.
1833 (6) Dredged-material management activities authorized
1834 pursuant to s. 403.061(38) s. 403.061(37) or s. 403.061(39) (38)
1835 shall be incorporated into port master plans developed pursuant
1836 to s. 163.3178(2)(k).
1837 Section 24. Paragraph (d) of subsection (1) of section
1838 327.46, Florida Statutes, is amended to read:
1839 327.46 Boating-restricted areas.—
1840 (1) Boating-restricted areas, including, but not limited
1841 to, restrictions of vessel speeds and vessel traffic, may be
1842 established on the waters of this state for any purpose
1843 necessary to protect the safety of the public if such
1844 restrictions are necessary based on boating accidents,
1845 visibility, hazardous currents or water levels, vessel traffic
1846 congestion, or other navigational hazards or to protect
1847 seagrasses on privately owned submerged lands.
1848 (d) Owners of private submerged lands that are adjacent to
1849 Outstanding Florida Waters, as defined in s. 403.061(28) s.
1850 403.061(27), or an aquatic preserve established under ss.
1851 258.39-258.399 may request that the commission establish
1852 boating-restricted areas solely to protect any seagrass and
1853 contiguous seagrass habitat within their private property
1854 boundaries from seagrass scarring due to propeller dredging.
1855 Owners making a request pursuant to this paragraph must
1856 demonstrate to the commission clear ownership of the submerged
1857 lands. The commission shall adopt rules to implement this
1858 paragraph, including, but not limited to, establishing an
1859 application process and criteria for meeting the requirements of
1860 this paragraph. Each approved boating-restricted area shall be
1861 established by commission rule. For marking boating-restricted
1862 zones established pursuant to this paragraph, owners of
1863 privately submerged lands shall apply to the commission for a
1864 uniform waterway marker permit in accordance with ss. 327.40 and
1865 327.41, and shall be responsible for marking the boating
1866 restricted zone in accordance with the terms of the permit.
1867 Section 25. Paragraph (d) of subsection (3) of section
1868 373.250, Florida Statutes, is amended to read:
1869 373.250 Reuse of reclaimed water.—
1870 (3)
1871 (d) The South Florida Water Management District shall
1872 require the use of reclaimed water made available by the
1873 elimination of wastewater ocean outfall discharges as provided
1874 for in s. 403.086(10) s. 403.086(9) in lieu of surface water or
1875 groundwater when the use of reclaimed water is available; is
1876 environmentally, economically, and technically feasible; and is
1877 of such quality and reliability as is necessary to the user.
1878 Such reclaimed water may also be required in lieu of other
1879 alternative sources. In determining whether to require such
1880 reclaimed water in lieu of other alternative sources, the water
1881 management district shall consider existing infrastructure
1882 investments in place or obligated to be constructed by an
1883 executed contract or similar binding agreement as of July 1,
1884 2011, for the development of other alternative sources.
1885 Section 26. Subsection (9) of section 373.414, Florida
1886 Statutes, is amended to read:
1887 373.414 Additional criteria for activities in surface
1888 waters and wetlands.—
1889 (9) The department and the governing boards, on or before
1890 July 1, 1994, shall adopt rules to incorporate the provisions of
1891 this section, relying primarily on the existing rules of the
1892 department and the water management districts, into the rules
1893 governing the management and storage of surface waters. Such
1894 rules shall seek to achieve a statewide, coordinated and
1895 consistent permitting approach to activities regulated under
1896 this part. Variations in permitting criteria in the rules of
1897 individual water management districts or the department shall
1898 only be provided to address differing physical or natural
1899 characteristics. Such rules adopted pursuant to this subsection
1900 shall include the special criteria adopted pursuant to s.
1901 403.061(30) s. 403.061(29) and may include the special criteria
1902 adopted pursuant to s. 403.061(35) s. 403.061(34). Such rules
1903 shall include a provision requiring that a notice of intent to
1904 deny or a permit denial based upon this section shall contain an
1905 explanation of the reasons for such denial and an explanation,
1906 in general terms, of what changes, if any, are necessary to
1907 address such reasons for denial. Such rules may establish
1908 exemptions and general permits, if such exemptions and general
1909 permits do not allow significant adverse impacts to occur
1910 individually or cumulatively. Such rules may require submission
1911 of proof of financial responsibility which may include the
1912 posting of a bond or other form of surety prior to the
1913 commencement of construction to provide reasonable assurance
1914 that any activity permitted pursuant to this section, including
1915 any mitigation for such permitted activity, will be completed in
1916 accordance with the terms and conditions of the permit once the
1917 construction is commenced. Until rules adopted pursuant to this
1918 subsection become effective, existing rules adopted under this
1919 part and rules adopted pursuant to the authority of ss. 403.91
1920 403.929 shall be deemed authorized under this part and shall
1921 remain in full force and effect. Neither the department nor the
1922 governing boards are limited or prohibited from amending any
1923 such rules.
1924 Section 27. Paragraph (b) of subsection (4) of section
1925 373.705, Florida Statutes, is amended to read:
1926 373.705 Water resource development; water supply
1927 development.—
1928 (4)
1929 (b) Water supply development projects that meet the
1930 criteria in paragraph (a) and that meet one or more of the
1931 following additional criteria shall be given first consideration
1932 for state or water management district funding assistance:
1933 1. The project brings about replacement of existing sources
1934 in order to help implement a minimum flow or minimum water
1935 level;
1936 2. The project implements reuse that assists in the
1937 elimination of domestic wastewater ocean outfalls as provided in
1938 s. 403.086(10) s. 403.086(9); or
1939 3. The project reduces or eliminates the adverse effects of
1940 competition between legal users and the natural system.
1941 Section 28. Paragraph (f) of subsection (8) of section
1942 373.707, Florida Statutes, is amended to read:
1943 373.707 Alternative water supply development.—
1944 (8)
1945 (f) The governing boards shall determine those projects
1946 that will be selected for financial assistance. The governing
1947 boards may establish factors to determine project funding;
1948 however, significant weight shall be given to the following
1949 factors:
1950 1. Whether the project provides substantial environmental
1951 benefits by preventing or limiting adverse water resource
1952 impacts.
1953 2. Whether the project reduces competition for water
1954 supplies.
1955 3. Whether the project brings about replacement of
1956 traditional sources in order to help implement a minimum flow or
1957 level or a reservation.
1958 4. Whether the project will be implemented by a consumptive
1959 use permittee that has achieved the targets contained in a goal
1960 based water conservation program approved pursuant to s.
1961 373.227.
1962 5. The quantity of water supplied by the project as
1963 compared to its cost.
1964 6. Projects in which the construction and delivery to end
1965 users of reuse water is a major component.
1966 7. Whether the project will be implemented by a
1967 multijurisdictional water supply entity or regional water supply
1968 authority.
1969 8. Whether the project implements reuse that assists in the
1970 elimination of domestic wastewater ocean outfalls as provided in
1971 s. 403.086(10) s. 403.086(9).
1972 9. Whether the county or municipality, or the multiple
1973 counties or municipalities, in which the project is located has
1974 implemented a high-water recharge protection tax assessment
1975 program as provided in s. 193.625.
1976 Section 29. Subsection (4) of section 373.709, Florida
1977 Statutes, is amended to read:
1978 373.709 Regional water supply planning.—
1979 (4) The South Florida Water Management District shall
1980 include in its regional water supply plan water resource and
1981 water supply development projects that promote the elimination
1982 of wastewater ocean outfalls as provided in s. 403.086(10) s.
1983 403.086(9).
1984 Section 30. Paragraph (k) of subsection (1) of section
1985 376.307, Florida Statutes, is amended to read:
1986 376.307 Water Quality Assurance Trust Fund.—
1987 (1) The Water Quality Assurance Trust Fund is intended to
1988 serve as a broad-based fund for use in responding to incidents
1989 of contamination that pose a serious danger to the quality of
1990 groundwater and surface water resources or otherwise pose a
1991 serious danger to the public health, safety, or welfare. Moneys
1992 in this fund may be used:
1993 (k) For funding activities described in s. 403.086(10) s.
1994 403.086(9) which are authorized for implementation under the
1995 Leah Schad Memorial Ocean Outfall Program.
1996 Section 31. Paragraph (i) of subsection (2), paragraph (b)
1997 of subsection (4), paragraph (j) of subsection (7), and
1998 paragraph (a) of subsection (9) of section 380.0552, Florida
1999 Statutes, are amended to read:
2000 380.0552 Florida Keys Area; protection and designation as
2001 area of critical state concern.—
2002 (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
2003 to:
2004 (i) Protect and improve the nearshore water quality of the
2005 Florida Keys through federal, state, and local funding of water
2006 quality improvement projects, including the construction and
2007 operation of wastewater management facilities that meet the
2008 requirements of ss. 381.0065(4)(l) and 403.086(11) 403.086(10),
2009 as applicable.
2010 (4) REMOVAL OF DESIGNATION.—
2011 (b) Beginning November 30, 2010, the state land planning
2012 agency shall annually submit a written report to the
2013 Administration Commission describing the progress of the Florida
2014 Keys Area toward completing the work program tasks specified in
2015 commission rules. The land planning agency shall recommend
2016 removing the Florida Keys Area from being designated as an area
2017 of critical state concern to the commission if it determines
2018 that:
2019 1. All of the work program tasks have been completed,
2020 including construction of, operation of, and connection to
2021 central wastewater management facilities pursuant to s.
2022 403.086(11) s. 403.086(10) and upgrade of onsite sewage
2023 treatment and disposal systems pursuant to s. 381.0065(4)(l);
2024 2. All local comprehensive plans and land development
2025 regulations and the administration of such plans and regulations
2026 are adequate to protect the Florida Keys Area, fulfill the
2027 legislative intent specified in subsection (2), and are
2028 consistent with and further the principles guiding development;
2029 and
2030 3. A local government has adopted a resolution at a public
2031 hearing recommending the removal of the designation.
2032 (7) PRINCIPLES FOR GUIDING DEVELOPMENT.—State, regional,
2033 and local agencies and units of government in the Florida Keys
2034 Area shall coordinate their plans and conduct their programs and
2035 regulatory activities consistent with the principles for guiding
2036 development as specified in chapter 27F-8, Florida
2037 Administrative Code, as amended effective August 23, 1984, which
2038 is adopted and incorporated herein by reference. For the
2039 purposes of reviewing the consistency of the adopted plan, or
2040 any amendments to that plan, with the principles for guiding
2041 development, and any amendments to the principles, the
2042 principles shall be construed as a whole and specific provisions
2043 may not be construed or applied in isolation from the other
2044 provisions. However, the principles for guiding development are
2045 repealed 18 months from July 1, 1986. After repeal, any plan
2046 amendments must be consistent with the following principles:
2047 (j) Ensuring the improvement of nearshore water quality by
2048 requiring the construction and operation of wastewater
2049 management facilities that meet the requirements of ss.
2050 381.0065(4)(l) and s. 403.086(11) 403.086(10), as applicable,
2051 and by directing growth to areas served by central wastewater
2052 treatment facilities through permit allocation systems.
2053 (9) MODIFICATION TO PLANS AND REGULATIONS.—
2054 (a) Any land development regulation or element of a local
2055 comprehensive plan in the Florida Keys Area may be enacted,
2056 amended, or rescinded by a local government, but the enactment,
2057 amendment, or rescission becomes effective only upon approval by
2058 the state land planning agency. The state land planning agency
2059 shall review the proposed change to determine if it is in
2060 compliance with the principles for guiding development specified
2061 in chapter 27F-8, Florida Administrative Code, as amended
2062 effective August 23, 1984, and must approve or reject the
2063 requested changes within 60 days after receipt. Amendments to
2064 local comprehensive plans in the Florida Keys Area must also be
2065 reviewed for compliance with the following:
2066 1. Construction schedules and detailed capital financing
2067 plans for wastewater management improvements in the annually
2068 adopted capital improvements element, and standards for the
2069 construction of wastewater treatment and disposal facilities or
2070 collection systems that meet or exceed the criteria in s.
2071 403.086(11) s. 403.086(10) for wastewater treatment and disposal
2072 facilities or s. 381.0065(4)(l) for onsite sewage treatment and
2073 disposal systems.
2074 2. Goals, objectives, and policies to protect public safety
2075 and welfare in the event of a natural disaster by maintaining a
2076 hurricane evacuation clearance time for permanent residents of
2077 no more than 24 hours. The hurricane evacuation clearance time
2078 shall be determined by a hurricane evacuation study conducted in
2079 accordance with a professionally accepted methodology and
2080 approved by the state land planning agency.
2081 Section 32. Effective July 1, 2021, subsections (7) and
2082 (18) of section 381.006, Florida Statutes, are amended to read:
2083 381.006 Environmental health.—The department shall conduct
2084 an environmental health program as part of fulfilling the
2085 state’s public health mission. The purpose of this program is to
2086 detect and prevent disease caused by natural and manmade factors
2087 in the environment. The environmental health program shall
2088 include, but not be limited to:
2089 (7) An onsite sewage treatment and disposal function.
2090 (17)(18) A food service inspection function for domestic
2091 violence centers that are certified by the Department of
2092 Children and Families and monitored by the Florida Coalition
2093 Against Domestic Violence under part XII of chapter 39 and group
2094 care homes as described in subsection (15) (16), which shall be
2095 conducted annually and be limited to the requirements in
2096 department rule applicable to community-based residential
2097 facilities with five or fewer residents.
2098
2099 The department may adopt rules to carry out the provisions of
2100 this section.
2101 Section 33. Effective July 1, 2021, subsection (1) of
2102 section 381.0061, Florida Statutes, is amended to read:
2103 381.0061 Administrative fines.—
2104 (1) In addition to any administrative action authorized by
2105 chapter 120 or by other law, the department may impose a fine,
2106 which may shall not exceed $500 for each violation, for a
2107 violation of s. 381.006(15) s. 381.006(16), s. 381.0065, s.
2108 381.0066, s. 381.0072, or part III of chapter 489, for a
2109 violation of any rule adopted under this chapter, or for a
2110 violation of any of the provisions of chapter 386. Notice of
2111 intent to impose such fine shall be given by the department to
2112 the alleged violator. Each day that a violation continues may
2113 constitute a separate violation.
2114 Section 34. Effective July 1, 2021, subsection (1) of
2115 section 381.0064, Florida Statutes, is amended to read:
2116 381.0064 Continuing education courses for persons
2117 installing or servicing septic tanks.—
2118 (1) The Department of Environmental Protection Health shall
2119 establish a program for continuing education which meets the
2120 purposes of ss. 381.0101 and 489.554 regarding the public health
2121 and environmental effects of onsite sewage treatment and
2122 disposal systems and any other matters the department determines
2123 desirable for the safe installation and use of onsite sewage
2124 treatment and disposal systems. The department may charge a fee
2125 to cover the cost of such program.
2126 Section 35. Effective July 1, 2021, paragraph (d) of
2127 subsection (7), subsection (8), and paragraphs (b), (c), and (d)
2128 of subsection (9) of section 381.00651, Florida Statutes, are
2129 amended to read:
2130 381.00651 Periodic evaluation and assessment of onsite
2131 sewage treatment and disposal systems.—
2132 (7) The following procedures shall be used for conducting
2133 evaluations:
2134 (d) Assessment procedure.—All evaluation procedures used by
2135 a qualified contractor shall be documented in the environmental
2136 health database of the Department of Environmental Protection
2137 Health. The qualified contractor shall provide a copy of a
2138 written, signed evaluation report to the property owner upon
2139 completion of the evaluation and to the county health department
2140 within 30 days after the evaluation. The report must shall
2141 contain the name and license number of the company providing the
2142 report. A copy of the evaluation report shall be retained by the
2143 local county health department for a minimum of 5 years and
2144 until a subsequent inspection report is filed. The front cover
2145 of the report must identify any system failure and include a
2146 clear and conspicuous notice to the owner that the owner has a
2147 right to have any remediation of the failure performed by a
2148 qualified contractor other than the contractor performing the
2149 evaluation. The report must further identify any crack, leak,
2150 improper fit, or other defect in the tank, manhole, or lid, and
2151 any other damaged or missing component; any sewage or effluent
2152 visible on the ground or discharging to a ditch or other surface
2153 water body; any downspout, stormwater, or other source of water
2154 directed onto or toward the system; and any other maintenance
2155 need or condition of the system at the time of the evaluation
2156 which, in the opinion of the qualified contractor, would
2157 possibly interfere with or restrict any future repair or
2158 modification to the existing system. The report shall conclude
2159 with an overall assessment of the fundamental operational
2160 condition of the system.
2161 (8) The county health department, in coordination with the
2162 department, shall administer any evaluation program on behalf of
2163 a county, or a municipality within the county, that has adopted
2164 an evaluation program pursuant to this section. In order to
2165 administer the evaluation program, the county or municipality,
2166 in consultation with the county health department, may develop a
2167 reasonable fee schedule to be used solely to pay for the costs
2168 of administering the evaluation program. Such a fee schedule
2169 shall be identified in the ordinance that adopts the evaluation
2170 program. When arriving at a reasonable fee schedule, the
2171 estimated annual revenues to be derived from fees may not exceed
2172 reasonable estimated annual costs of the program. Fees shall be
2173 assessed to the system owner during an inspection and separately
2174 identified on the invoice of the qualified contractor. Fees
2175 shall be remitted by the qualified contractor to the county
2176 health department. The county health department’s administrative
2177 responsibilities include the following:
2178 (a) Providing a notice to the system owner at least 60 days
2179 before the system is due for an evaluation. The notice may
2180 include information on the proper maintenance of onsite sewage
2181 treatment and disposal systems.
2182 (b) In consultation with the department of Health,
2183 providing uniform disciplinary procedures and penalties for
2184 qualified contractors who do not comply with the requirements of
2185 the adopted ordinance, including, but not limited to, failure to
2186 provide the evaluation report as required in this subsection to
2187 the system owner and the county health department. Only the
2188 county health department may assess penalties against system
2189 owners for failure to comply with the adopted ordinance,
2190 consistent with existing requirements of law.
2191 (9)
2192 (b) Upon receipt of the notice under paragraph (a), the
2193 department of Environmental Protection shall, within existing
2194 resources, notify the county or municipality of the potential
2195 use of, and access to, program funds under the Clean Water State
2196 Revolving Fund or s. 319 of the Clean Water Act, provide
2197 guidance in the application process to receive such moneys, and
2198 provide advice and technical assistance to the county or
2199 municipality on how to establish a low-interest revolving loan
2200 program or how to model a revolving loan program after the low
2201 interest loan program of the Clean Water State Revolving Fund.
2202 This paragraph does not obligate the department of Environmental
2203 Protection to provide any county or municipality with money to
2204 fund such programs.
2205 (c) The department of Health may not adopt any rule that
2206 alters the provisions of this section.
2207 (d) The department of Health must allow county health
2208 departments and qualified contractors access to the
2209 environmental health database to track relevant information and
2210 assimilate data from assessment and evaluation reports of the
2211 overall condition of onsite sewage treatment and disposal
2212 systems. The environmental health database must be used by
2213 contractors to report each service and evaluation event and by a
2214 county health department to notify owners of onsite sewage
2215 treatment and disposal systems when evaluations are due. Data
2216 and information must be recorded and updated as service and
2217 evaluations are conducted and reported.
2218 Section 36. Section 403.08601, Florida Statutes, is amended
2219 to read:
2220 403.08601 Leah Schad Memorial Ocean Outfall Program.—The
2221 Legislature declares that as funds become available the state
2222 may assist the local governments and agencies responsible for
2223 implementing the Leah Schad Memorial Ocean Outfall Program
2224 pursuant to s. 403.086(10) s. 403.086(9). Funds received from
2225 other sources provided for in law, the General Appropriations
2226 Act, from gifts designated for implementation of the plan from
2227 individuals, corporations, or other entities, or federal funds
2228 appropriated by Congress for implementation of the plan, may be
2229 deposited into an account of the Water Quality Assurance Trust
2230 Fund.
2231 Section 37. Section 403.0871, Florida Statutes, is amended
2232 to read:
2233 403.0871 Florida Permit Fee Trust Fund.—There is
2234 established within the department a nonlapsing trust fund to be
2235 known as the “Florida Permit Fee Trust Fund.” All funds received
2236 from applicants for permits pursuant to ss. 161.041, 161.053,
2237 161.0535, 403.087(7) 403.087(6), and 403.861(7)(a) shall be
2238 deposited in the Florida Permit Fee Trust Fund and shall be used
2239 by the department with the advice and consent of the Legislature
2240 to supplement appropriations and other funds received by the
2241 department for the administration of its responsibilities under
2242 this chapter and chapter 161. In no case shall funds from the
2243 Florida Permit Fee Trust Fund be used for salary increases
2244 without the approval of the Legislature.
2245 Section 38. Paragraph (a) of subsection (11) of section
2246 403.0872, Florida Statutes, is amended to read:
2247 403.0872 Operation permits for major sources of air
2248 pollution; annual operation license fee.—Provided that program
2249 approval pursuant to 42 U.S.C. s. 7661a has been received from
2250 the United States Environmental Protection Agency, beginning
2251 January 2, 1995, each major source of air pollution, including
2252 electrical power plants certified under s. 403.511, must obtain
2253 from the department an operation permit for a major source of
2254 air pollution under this section. This operation permit is the
2255 only department operation permit for a major source of air
2256 pollution required for such source; provided, at the applicant’s
2257 request, the department shall issue a separate acid rain permit
2258 for a major source of air pollution that is an affected source
2259 within the meaning of 42 U.S.C. s. 7651a(1). Operation permits
2260 for major sources of air pollution, except general permits
2261 issued pursuant to s. 403.814, must be issued in accordance with
2262 the procedures contained in this section and in accordance with
2263 chapter 120; however, to the extent that chapter 120 is
2264 inconsistent with the provisions of this section, the procedures
2265 contained in this section prevail.
2266 (11) Each major source of air pollution permitted to
2267 operate in this state must pay between January 15 and April 1 of
2268 each year, upon written notice from the department, an annual
2269 operation license fee in an amount determined by department
2270 rule. The annual operation license fee shall be terminated
2271 immediately in the event the United States Environmental
2272 Protection Agency imposes annual fees solely to implement and
2273 administer the major source air-operation permit program in
2274 Florida under 40 C.F.R. s. 70.10(d).
2275 (a) The annual fee must be assessed based upon the source’s
2276 previous year’s emissions and must be calculated by multiplying
2277 the applicable annual operation license fee factor times the
2278 tons of each regulated air pollutant actually emitted, as
2279 calculated in accordance with the department’s emissions
2280 computation and reporting rules. The annual fee shall only apply
2281 to those regulated pollutants, except carbon monoxide and
2282 greenhouse gases, for which an allowable numeric emission
2283 limiting standard is specified in the source’s most recent
2284 construction or operation permit; provided, however, that:
2285 1. The license fee factor is $25 or another amount
2286 determined by department rule which ensures that the revenue
2287 provided by each year’s operation license fees is sufficient to
2288 cover all reasonable direct and indirect costs of the major
2289 stationary source air-operation permit program established by
2290 this section. The license fee factor may be increased beyond $25
2291 only if the secretary of the department affirmatively finds that
2292 a shortage of revenue for support of the major stationary source
2293 air-operation permit program will occur in the absence of a fee
2294 factor adjustment. The annual license fee factor may never
2295 exceed $35.
2296 2. The amount of each regulated air pollutant in excess of
2297 4,000 tons per year emitted by any source, or group of sources
2298 belonging to the same Major Group as described in the Standard
2299 Industrial Classification Manual, 1987, may not be included in
2300 the calculation of the fee. Any source, or group of sources,
2301 which does not emit any regulated air pollutant in excess of
2302 4,000 tons per year, is allowed a one-time credit not to exceed
2303 25 percent of the first annual licensing fee for the prorated
2304 portion of existing air-operation permit application fees
2305 remaining upon commencement of the annual licensing fees.
2306 3. If the department has not received the fee by March 1 of
2307 the calendar year, the permittee must be sent a written warning
2308 of the consequences for failing to pay the fee by April 1. If
2309 the fee is not postmarked by April 1 of the calendar year, the
2310 department shall impose, in addition to the fee, a penalty of 50
2311 percent of the amount of the fee, plus interest on such amount
2312 computed in accordance with s. 220.807. The department may not
2313 impose such penalty or interest on any amount underpaid,
2314 provided that the permittee has timely remitted payment of at
2315 least 90 percent of the amount determined to be due and remits
2316 full payment within 60 days after receipt of notice of the
2317 amount underpaid. The department may waive the collection of
2318 underpayment and may shall not be required to refund overpayment
2319 of the fee, if the amount due is less than 1 percent of the fee,
2320 up to $50. The department may revoke any major air pollution
2321 source operation permit if it finds that the permitholder has
2322 failed to timely pay any required annual operation license fee,
2323 penalty, or interest.
2324 4. Notwithstanding the computational provisions of this
2325 subsection, the annual operation license fee for any source
2326 subject to this section may shall not be less than $250, except
2327 that the annual operation license fee for sources permitted
2328 solely through general permits issued under s. 403.814 may shall
2329 not exceed $50 per year.
2330 5. Notwithstanding s. 403.087(7)(a)5.a., which authorizes
2331 the provisions of s. 403.087(6)(a)5.a., authorizing air
2332 pollution construction permit fees, the department may not
2333 require such fees for changes or additions to a major source of
2334 air pollution permitted pursuant to this section, unless the
2335 activity triggers permitting requirements under Title I, Part C
2336 or Part D, of the federal Clean Air Act, 42 U.S.C. ss. 7470
2337 7514a. Costs to issue and administer such permits shall be
2338 considered direct and indirect costs of the major stationary
2339 source air-operation permit program under s. 403.0873. The
2340 department shall, however, require fees pursuant to s.
2341 403.087(7)(a)5.a. the provisions of s. 403.087(6)(a)5.a. for the
2342 construction of a new major source of air pollution that will be
2343 subject to the permitting requirements of this section once
2344 constructed and for activities triggering permitting
2345 requirements under Title I, Part C or Part D, of the federal
2346 Clean Air Act, 42 U.S.C. ss. 7470-7514a.
2347 Section 39. Subsection (7) of section 403.1835, Florida
2348 Statutes, is amended to read:
2349 403.1835 Water pollution control financial assistance.—
2350 (7) Eligible projects must be given priority according to
2351 the extent each project is intended to remove, mitigate, or
2352 prevent adverse effects on surface or ground water quality and
2353 public health. The relative costs of achieving environmental and
2354 public health benefits must be taken into consideration during
2355 the department’s assignment of project priorities. The
2356 department shall adopt a priority system by rule. In developing
2357 the priority system, the department shall give priority to
2358 projects that:
2359 (a) Eliminate public health hazards;
2360 (b) Enable compliance with laws requiring the elimination
2361 of discharges to specific water bodies, including the
2362 requirements of s. 403.086(10) s. 403.086(9) regarding domestic
2363 wastewater ocean outfalls;
2364 (c) Assist in the implementation of total maximum daily
2365 loads adopted under s. 403.067;
2366 (d) Enable compliance with other pollution control
2367 requirements, including, but not limited to, toxics control,
2368 wastewater residuals management, and reduction of nutrients and
2369 bacteria;
2370 (e) Assist in the implementation of surface water
2371 improvement and management plans and pollutant load reduction
2372 goals developed under state water policy;
2373 (f) Promote reclaimed water reuse;
2374 (g) Eliminate failing onsite sewage treatment and disposal
2375 systems or those that are causing environmental damage; or
2376 (h) Reduce pollutants to and otherwise promote the
2377 restoration of Florida’s surface and ground waters.
2378 Section 40. Paragraph (d) of subsection (3) of section
2379 403.707, Florida Statutes, is amended to read:
2380 403.707 Permits.—
2381 (3)
2382 (d) The department may adopt rules to administer this
2383 subsection. However, the department is not required to submit
2384 such rules to the Environmental Regulation Commission for
2385 approval. Notwithstanding the limitations of s. 403.087(7)(a) s.
2386 403.087(6)(a), permit fee caps for solid waste management
2387 facilities shall be prorated to reflect the extended permit term
2388 authorized by this subsection.
2389 Section 41. Subsections (8) and (21) of section 403.861,
2390 Florida Statutes, are amended to read:
2391 403.861 Department; powers and duties.—The department shall
2392 have the power and the duty to carry out the provisions and
2393 purposes of this act and, for this purpose, to:
2394 (8) Initiate rulemaking to increase each drinking water
2395 permit application fee authorized under s. 403.087(7) s.
2396 403.087(6) and this part and adopted by rule to ensure that such
2397 fees are increased to reflect, at a minimum, any upward
2398 adjustment in the Consumer Price Index compiled by the United
2399 States Department of Labor, or similar inflation indicator,
2400 since the original fee was established or most recently revised.
2401 (a) The department shall establish by rule the inflation
2402 index to be used for this purpose. The department shall review
2403 the drinking water permit application fees authorized under s.
2404 403.087(7) s. 403.087(6) and this part at least once every 5
2405 years and shall adjust the fees upward, as necessary, within the
2406 established fee caps to reflect changes in the Consumer Price
2407 Index or similar inflation indicator. In the event of deflation,
2408 the department shall consult with the Executive Office of the
2409 Governor and the Legislature to determine whether downward fee
2410 adjustments are appropriate based on the current budget and
2411 appropriation considerations. The department shall also review
2412 the drinking water operation license fees established pursuant
2413 to paragraph (7)(b) at least once every 5 years to adopt, as
2414 necessary, the same inflationary adjustments provided for in
2415 this subsection.
2416 (b) The minimum fee amount shall be the minimum fee
2417 prescribed in this section, and such fee amount shall remain in
2418 effect until the effective date of fees adopted by rule by the
2419 department.
2420 (21)(a) Upon issuance of a construction permit to construct
2421 a new public water system drinking water treatment facility to
2422 provide potable water supply using a surface water that, at the
2423 time of the permit application, is not being used as a potable
2424 water supply, and the classification of which does not include
2425 potable water supply as a designated use, the department shall
2426 add treated potable water supply as a designated use of the
2427 surface water segment in accordance with s. 403.061(30)(b) s.
2428 403.061(29)(b).
2429 (b) For existing public water system drinking water
2430 treatment facilities that use a surface water as a treated
2431 potable water supply, which surface water classification does
2432 not include potable water supply as a designated use, the
2433 department shall add treated potable water supply as a
2434 designated use of the surface water segment in accordance with
2435 s. 403.061(30)(b) s. 403.061(29)(b).
2436 Section 42. Effective July 1, 2021, subsection (1) of
2437 section 489.551, Florida Statutes, is amended to read:
2438 489.551 Definitions.—As used in this part:
2439 (1) “Department” means the Department of Environmental
2440 Protection Health.
2441 Section 43. Paragraph (b) of subsection (10) of section
2442 590.02, Florida Statutes, is amended to read:
2443 590.02 Florida Forest Service; powers, authority, and
2444 duties; liability; building structures; Withlacoochee Training
2445 Center.—
2446 (10)
2447 (b) The Florida Forest Service may delegate to a county,
2448 municipality, or special district its authority:
2449 1. As delegated by the Department of Environmental
2450 Protection pursuant to ss. 403.061(29) ss. 403.061(28) and
2451 403.081, to manage and enforce regulations pertaining to the
2452 burning of yard trash in accordance with s. 590.125(6).
2453 2. To manage the open burning of land clearing debris in
2454 accordance with s. 590.125.
2455 Section 44. Except as otherwise expressly provided in this
2456 act and except for this section, which shall take effect upon
2457 becoming a law, this act shall take effect July 1, 2020.
2458
2459 ================= T I T L E A M E N D M E N T ================
2460 And the title is amended as follows:
2461 Delete everything before the enacting clause
2462 and insert:
2463 A bill to be entitled
2464 An act relating to water quality improvements;
2465 providing a short title; requiring the Department
2466 Health to provide a specified report to the Governor
2467 and the Legislature by a specified date; requiring the
2468 Department of Health and the Department of
2469 Environmental Protection to submit to the Governor and
2470 the Legislature, by a specified date, certain
2471 recommendations relating to the transfer of the Onsite
2472 Sewage Program; requiring the departments to enter
2473 into an interagency agreement that meets certain
2474 requirements by a specified date; transferring the
2475 Onsite Sewage Program within the Department of Health
2476 to the Department of Environmental Protection by a
2477 type two transfer by a specified date; providing that
2478 certain employees retain and transfer certain types of
2479 leave upon the transfer; amending s. 373.4131, F.S.;
2480 requiring the Department of Environmental Protection
2481 to include stormwater structural controls inspections
2482 as part of its regular staff training; requiring the
2483 department and the water management districts to adopt
2484 rules regarding stormwater design and operation by a
2485 specified date; amending s. 381.0065, F.S.; conforming
2486 provisions to changes made by the act; requiring the
2487 department to adopt rules for the location of onsite
2488 sewage treatment and disposal systems and complete
2489 such rulemaking by a specified date; requiring the
2490 department to evaluate certain data relating to the
2491 self-certification program and provide the Legislature
2492 with recommendations by a specified date; providing
2493 that certain provisions relating to existing setback
2494 requirements are applicable to permits only until the
2495 adoption of certain rules by the department; creating
2496 s. 381.00652, F.S.; creating an onsite sewage
2497 treatment and disposal systems technical advisory
2498 committee within the department; providing the duties
2499 and membership of the committee; requiring the
2500 committee to submit a report to the Governor and the
2501 Legislature by a specified date; providing for the
2502 expiration of the committee; repealing s. 381.0068,
2503 F.S., relating to a technical review and advisory
2504 panel; amending s. 403.061, F.S.; requiring the
2505 department to adopt rules relating to the underground
2506 pipes of wastewater collection systems; requiring
2507 public utilities or their affiliated companies that
2508 hold or are seeking a wastewater discharge permit to
2509 file certain reports and data with the department;
2510 creating s. 403.0616, F.S.; requiring the department,
2511 subject to legislative appropriation, to establish a
2512 real-time water quality monitoring program;
2513 encouraging the formation of public-private
2514 partnerships; amending s. 403.067, F.S.; requiring
2515 basin management action plans for nutrient total
2516 maximum daily loads to include wastewater treatment
2517 and onsite sewage treatment and disposal system
2518 remediation plans that meet certain requirements;
2519 requiring the Department of Agriculture and Consumer
2520 Services to collect fertilization and nutrient records
2521 from certain agricultural producers and provide the
2522 information to the department annually by a specified
2523 date; requiring the Department of Agriculture and
2524 Consumer Services to perform onsite inspections of the
2525 agricultural producers at specified intervals;
2526 authorizing certain entities to develop research plans
2527 and legislative budget requests relating to best
2528 management practices by a specified date; creating s.
2529 403.0673, F.S.; establishing a wastewater grant
2530 program within the Department of Environmental
2531 Protection; authorizing the department to distribute
2532 appropriated funds for certain projects; providing
2533 requirements for the distribution; requiring the
2534 department to coordinate with each water management
2535 district to identify grant recipients; requiring an
2536 annual report to the Governor and the Legislature by a
2537 specified date; creating s. 403.0855, F.S.; providing
2538 legislative findings regarding the regulation of
2539 biosolids management in this state; requiring the
2540 department to adopt rules for biosolids management;
2541 exempting the rules from a specified statutory
2542 requirement; amending s. 403.086, F.S.; prohibiting
2543 facilities for sanitary sewage disposal from disposing
2544 of any waste in the Indian River Lagoon without first
2545 providing advanced waste treatment; requiring
2546 facilities for sanitary sewage disposal to have a
2547 power outage contingency plan; requiring the
2548 facilities to take steps to prevent overflows and
2549 leaks and ensure that the water reaches the
2550 appropriate facility for treatment; requiring the
2551 facilities to provide the Department of Environmental
2552 Protection with certain information; requiring the
2553 department to adopt rules; amending s. 403.087, F.S.;
2554 requiring the department to issue operation permits
2555 for domestic wastewater treatment facilities to
2556 certain facilities under certain circumstances;
2557 amending s. 403.088, F.S.; revising the permit
2558 conditions for a water pollution operation permit;
2559 requiring the department to submit a report to the
2560 Governor and the Legislature by a specified date
2561 identifying all wastewater utilities that experienced
2562 sanitary sewer overflows within a specified timeframe;
2563 amending s. 403.0891, F.S.; requiring model stormwater
2564 management programs to contain model ordinances for
2565 nutrient reduction practices and green infrastructure;
2566 amending s. 403.121, F.S.; providing civil penalties;
2567 amending s. 403.885, F.S.; requiring the department to
2568 give certain domestic wastewater utilities funding
2569 priority within the Water Projects Grant Program;
2570 providing a declaration of important state interest;
2571 amending ss. 153.54, 153.73, 163.3180, 180.03,
2572 311.105, 327.46, 373.250, 373.414, 373.705, 373.707,
2573 373.709, 376.307, 380.0552, 381.006, 381.0061,
2574 381.0064, 381.00651, 403.08601, 403.0871, 403.0872,
2575 403.1835, 403.707, 403.861, 489.551, and 590.02, F.S.;
2576 conforming cross-references and provisions to changes
2577 made by the act; providing effective dates.
2578
2579 WHEREAS, nutrients negatively impact groundwater and
2580 surface waters in this state and cause the proliferation of
2581 algal blooms, and
2582 WHEREAS, onsite sewage treatment and disposal systems were
2583 designed to manage human waste and are permitted by the
2584 Department of Health for that purpose, and
2585 WHEREAS, conventional onsite sewage treatment and disposal
2586 systems contribute nutrients to groundwater and surface waters
2587 across this state which can cause harmful blue-green algal
2588 blooms, and
2589 WHEREAS, many stormwater systems are designed primarily to
2590 divert and control stormwater rather than to remove pollutants,
2591 and
2592 WHEREAS, most existing stormwater system design criteria
2593 fail to consistently meet either the 80 percent or 95 percent
2594 target pollutant reduction goals established by the Department
2595 of Environmental Protection, and
2596 WHEREAS, other significant pollutants often can be removed
2597 from stormwater more easily than nutrients and, as a result,
2598 design criteria that provide the desired removal efficiencies
2599 for nutrients will likely achieve equal or better removal
2600 efficiencies for other constituents, and
2601 WHEREAS, the Department of Environmental Protection has
2602 found that the major causes of sanitary sewer overflows during
2603 storm events are infiltration, inflow, and acute power failures,
2604 and
2605 WHEREAS, the Department of Environmental Protection lacks
2606 statutory authority to regulate infiltration and inflow or to
2607 require that all lift stations constructed prior to 2003 have
2608 emergency backup power, and
2609 WHEREAS, sanitary sewer overflows and leaking
2610 infrastructure create both a human health concern and a nutrient
2611 pollution problem, and
2612 WHEREAS, the agricultural sector is a significant
2613 contributor to the excess delivery of nutrients to surface
2614 waters throughout this state and has been identified as the
2615 dominant source of both phosphorus and nitrogen within the Lake
2616 Okeechobee watershed and a number of other basin management
2617 action plan areas, and
2618 WHEREAS, only 75 percent of eligible agricultural parties
2619 within the Lake Okeechobee Basin Management Action Plan area are
2620 enrolled in an appropriate best management practice and
2621 enrollment numbers are considerably less in other basin
2622 management action plan areas, and
2623 WHEREAS, although agricultural best management practices,
2624 by design, should be technically feasible and economically
2625 viable, that does not imply that their adoption and full
2626 implementation, alone, will alleviate downstream water quality
2627 impairments, NOW, THEREFORE,