Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 712
       
       
       
       
       
       
                                Ì939348OÎ939348                         
       
                              LEGISLATIVE ACTION                        
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       Senator Mayfield moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 330 - 2318
    4  and insert:
    5         Section 3. Paragraphs (a) and (b) of subsection (7) of
    6  section 373.036, Florida Statutes, are amended to read:
    7         373.036 Florida water plan; district water management
    8  plans.—
    9         (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.—
   10         (a) By March 1, annually, each water management district
   11  shall prepare and submit to the Office of Economic and
   12  Demographic Research, the department, the Governor, the
   13  President of the Senate, and the Speaker of the House of
   14  Representatives a consolidated water management district annual
   15  report on the management of water resources. In addition, copies
   16  must be provided by the water management districts to the chairs
   17  of all legislative committees having substantive or fiscal
   18  jurisdiction over the districts and the governing board of each
   19  county in the district having jurisdiction or deriving any funds
   20  for operations of the district. Copies of the consolidated
   21  annual report must be made available to the public, either in
   22  printed or electronic format.
   23         (b) The consolidated annual report shall contain the
   24  following elements, as appropriate to that water management
   25  district:
   26         1. A district water management plan annual report or the
   27  annual work plan report allowed in subparagraph (2)(e)4.
   28         2. The department-approved minimum flows and minimum water
   29  levels annual priority list and schedule required by s.
   30  373.042(3).
   31         3. The annual 5-year capital improvements plan required by
   32  s. 373.536(6)(a)3.
   33         4. The alternative water supplies annual report required by
   34  s. 373.707(8)(n).
   35         5. The final annual 5-year water resource development work
   36  program required by s. 373.536(6)(a)4.
   37         6. The Florida Forever Water Management District Work Plan
   38  annual report required by s. 373.199(7).
   39         7. The mitigation donation annual report required by s.
   40  373.414(1)(b)2.
   41         8. Information on all projects related to water quality or
   42  water quantity as part of a 5-year work program, including:
   43         a. A list of all specific projects identified to implement
   44  a basin management action plan, including any projects to
   45  connect onsite sewage treatment and disposal systems to central
   46  sewerage systems and convert onsite sewage treatment and
   47  disposal systems to enhanced nutrient-reducing onsite sewage
   48  treatment and disposal systems, or a recovery or prevention
   49  strategy;
   50         b. A priority ranking for each listed project for which
   51  state funding through the water resources development work
   52  program is requested, which must be made available to the public
   53  for comment at least 30 days before submission of the
   54  consolidated annual report;
   55         c. The estimated cost for each listed project;
   56         d. The estimated completion date for each listed project;
   57         e. The source and amount of financial assistance to be made
   58  available by the department, a water management district, or
   59  other entity for each listed project; and
   60         f. A quantitative estimate of each listed project’s benefit
   61  to the watershed, water body, or water segment in which it is
   62  located.
   63         9. A grade for each watershed, water body, or water segment
   64  in which a project listed under subparagraph 8. is located
   65  representing the level of impairment and violations of adopted
   66  minimum flow or minimum water levels. The grading system must
   67  reflect the severity of the impairment of the watershed, water
   68  body, or water segment.
   69         Section 4. Bottled water industry study.—The department
   70  shall, in coordination with the water management districts,
   71  conduct a study on the bottled water industry in this state.
   72         (1) The study must:
   73         (a) Identify all springs statewide that have an associated
   74  consumptive use permit for a bottled water facility producing
   75  its product with water derived from a spring. Such
   76  identification must include:
   77         1. The magnitude of the spring;
   78         2. Whether the spring has been identified as an Outstanding
   79  Florida Spring as defined in s. 373.802, Florida Statutes;
   80         3. Any department- or water management district-adopted
   81  minimum flow or minimum water levels, the status of any adopted
   82  minimum flow or minimum water levels, and any associated
   83  recovery or prevention strategy;
   84         4. The permitted and actual use associated with the
   85  consumptive use permits;
   86         5. The reduction in flow associated with the permitted and
   87  actual use associated with the consumptive use permits;
   88         6. The impact on springs of bottled water facilities as
   89  compared to other users; and
   90         7. Types of water conservation measures employed at bottled
   91  water facilities permitted to derive water from a spring.
   92         (b) Identify the labeling and marketing regulations
   93  associated with the identification of bottled water as spring
   94  water, including whether these regulations incentivize the
   95  withdrawal of water from springs.
   96         (c) Evaluate the direct and indirect economic benefits to
   97  the local communities resulting from bottled water facilities
   98  that derive water from springs, including, but not limited to,
   99  tax revenue, job creation, and wages.
  100         (d) Evaluate the direct and indirect costs to the local
  101  communities located in proximity to springs impacted by
  102  withdrawals from bottled water production, including, but not
  103  limited to, the decreased recreational value of the springs and
  104  the cost to other users for the development of alternative water
  105  supply or reductions in permit durations and allocations.
  106         (e) Include a cost-benefit analysis of withdrawing,
  107  producing, marketing, selling, and consuming spring water as
  108  compared to other sources of bottled water.
  109         (f) Evaluate how much bottled water derived from Florida
  110  springs is sold in this state.
  111         (2) By June 30, 2021, the department shall submit a report
  112  containing the findings of the study to the Governor, the
  113  President of the Senate, the Speaker of the House of
  114  Representatives, and the Office of Economic and Demographic
  115  Research.
  116         (3) As used in this section, the term “bottled water” has
  117  the same meaning as in s. 500.03, Florida Statutes, and the term
  118  “water derived from a spring” means water derived from an
  119  underground formation from which water flows naturally to the
  120  surface of the earth in the manner described in 21 C.F.R.
  121  165.110(a)(2)(vi).
  122         Section 5. Subsection (5) of section 373.4131, Florida
  123  Statutes, is amended, and subsection (6) is added to that
  124  section, to read:
  125         373.4131 Statewide environmental resource permitting
  126  rules.—
  127         (5) To ensure consistent implementation and interpretation
  128  of the rules adopted pursuant to this section, the department
  129  shall conduct or oversee regular assessment and training of its
  130  staff and the staffs of the water management districts and local
  131  governments delegated local pollution control program authority
  132  under s. 373.441. The training must include field inspections of
  133  publicly and privately owned stormwater structural controls,
  134  such as stormwater retention and detention ponds.
  135         (6) By January 1, 2021:
  136         (a) The department and the water management districts shall
  137  initiate rulemaking to update the stormwater design and
  138  operation regulations, including updates to the Environmental
  139  Resource Permit Applicant’s Handbook, using the most recent
  140  scientific information available. As part of rule development,
  141  the department shall consider and address low-impact design best
  142  management practices and design criteria that increase the
  143  removal of nutrients from stormwater discharges, and measures
  144  for consistent application of the net improvement performance
  145  standard to ensure significant reductions of any pollutant
  146  loadings to a waterbody.
  147         (b) The department shall review and evaluate permits and
  148  inspection data by those entities that submit a self
  149  certification under s. 403.814(12) for compliance with state
  150  water quality standards and provide the Legislature with
  151  recommendations for improvements to the self-certification
  152  process, including, but not limited to, additional staff
  153  resources for department review of portions of the process where
  154  high-priority water quality issues justify such action.
  155         Section 6. Subsection (7) is added to section 381.0065,
  156  Florida Statutes, to read:
  157         381.0065 Onsite sewage treatment and disposal systems;
  158  regulation.—
  159         (7) USE OF ENHANCED NUTRIENT-REDUCING ONSITE SEWAGE
  160  TREATMENT AND DISPOSAL SYSTEMS.-To meet the requirements of a
  161  total maximum daily load, the department shall implement a fast
  162  track approval process of no longer than 6 months for the
  163  determination of the use of American National Standards
  164  Institute 245 systems approved by NSF International before July
  165  1, 2020.
  166         Section 7. Effective July 1, 2021, present paragraphs (d)
  167  through (q) of subsection (2) of section 381.0065, Florida
  168  Statutes, are redesignated as paragraphs (e) through (r),
  169  respectively, subsections (3) and (4) of that section are
  170  amended, and a new paragraph (d) is added to subsection (2) of
  171  that section, to read:
  172         381.0065 Onsite sewage treatment and disposal systems;
  173  regulation.—
  174         (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
  175  term:
  176         (d) “Department” means the Department of Environmental
  177  Protection.
  178         (3) DUTIES AND POWERS OF THE DEPARTMENT OF ENVIRONMENTAL
  179  PROTECTION HEALTH.—The department shall:
  180         (a) Adopt rules to administer ss. 381.0065-381.0067,
  181  including definitions that are consistent with the definitions
  182  in this section, decreases to setback requirements where no
  183  health hazard exists, increases for the lot-flow allowance for
  184  performance-based systems, requirements for separation from
  185  water table elevation during the wettest season, requirements
  186  for the design and construction of any component part of an
  187  onsite sewage treatment and disposal system, application and
  188  permit requirements for persons who maintain an onsite sewage
  189  treatment and disposal system, requirements for maintenance and
  190  service agreements for aerobic treatment units and performance
  191  based treatment systems, and recommended standards, including
  192  disclosure requirements, for voluntary system inspections to be
  193  performed by individuals who are authorized by law to perform
  194  such inspections and who shall inform a person having ownership,
  195  control, or use of an onsite sewage treatment and disposal
  196  system of the inspection standards and of that person’s
  197  authority to request an inspection based on all or part of the
  198  standards.
  199         (b) Perform application reviews and site evaluations, issue
  200  permits, and conduct inspections and complaint investigations
  201  associated with the construction, installation, maintenance,
  202  modification, abandonment, operation, use, or repair of an
  203  onsite sewage treatment and disposal system for a residence or
  204  establishment with an estimated domestic sewage flow of 10,000
  205  gallons or less per day, or an estimated commercial sewage flow
  206  of 5,000 gallons or less per day, which is not currently
  207  regulated under chapter 403.
  208         (c) Develop a comprehensive program to ensure that onsite
  209  sewage treatment and disposal systems regulated by the
  210  department are sized, designed, constructed, installed, sited,
  211  repaired, modified, abandoned, used, operated, and maintained in
  212  compliance with this section and rules adopted under this
  213  section to prevent groundwater contamination, including impacts
  214  from nutrient pollution, and surface water contamination and to
  215  preserve the public health. The department is the final
  216  administrative interpretive authority regarding rule
  217  interpretation. In the event of a conflict regarding rule
  218  interpretation, the Secretary of Environmental Protection State
  219  Surgeon General, or his or her designee, shall timely assign a
  220  staff person to resolve the dispute.
  221         (d) Grant variances in hardship cases under the conditions
  222  prescribed in this section and rules adopted under this section.
  223         (e) Permit the use of a limited number of innovative
  224  systems for a specific period of time, when there is compelling
  225  evidence that the system will function properly and reliably to
  226  meet the requirements of this section and rules adopted under
  227  this section.
  228         (f) Issue annual operating permits under this section.
  229         (g) Establish and collect fees as established under s.
  230  381.0066 for services provided with respect to onsite sewage
  231  treatment and disposal systems.
  232         (h) Conduct enforcement activities, including imposing
  233  fines, issuing citations, suspensions, revocations, injunctions,
  234  and emergency orders for violations of this section, part I of
  235  chapter 386, or part III of chapter 489 or for a violation of
  236  any rule adopted under this section, part I of chapter 386, or
  237  part III of chapter 489.
  238         (i) Provide or conduct education and training of department
  239  personnel, service providers, and the public regarding onsite
  240  sewage treatment and disposal systems.
  241         (j) Supervise research on, demonstration of, and training
  242  on the performance, environmental impact, and public health
  243  impact of onsite sewage treatment and disposal systems within
  244  this state. Research fees collected under s. 381.0066(2)(k) must
  245  be used to develop and fund hands-on training centers designed
  246  to provide practical information about onsite sewage treatment
  247  and disposal systems to septic tank contractors, master septic
  248  tank contractors, contractors, inspectors, engineers, and the
  249  public and must also be used to fund research projects which
  250  focus on improvements of onsite sewage treatment and disposal
  251  systems, including use of performance-based standards and
  252  reduction of environmental impact. Research projects shall be
  253  initially approved by the technical review and advisory panel
  254  and shall be applicable to and reflect the soil conditions
  255  specific to this state Florida. Such projects shall be awarded
  256  through competitive negotiation, using the procedures provided
  257  in s. 287.055, to public or private entities that have
  258  experience in onsite sewage treatment and disposal systems in
  259  this state Florida and that are principally located in this
  260  state Florida. Research projects shall not be awarded to firms
  261  or entities that employ or are associated with persons who serve
  262  on either the technical review and advisory panel or the
  263  research review and advisory committee.
  264         (k) Approve the installation of individual graywater
  265  disposal systems in which blackwater is treated by a central
  266  sewerage system.
  267         (l) Regulate and permit the sanitation, handling,
  268  treatment, storage, reuse, and disposal of byproducts from any
  269  system regulated under this chapter and not regulated by the
  270  Department of Environmental Protection.
  271         (m) Permit and inspect portable or temporary toilet
  272  services and holding tanks. The department shall review
  273  applications, perform site evaluations, and issue permits for
  274  the temporary use of holding tanks, privies, portable toilet
  275  services, or any other toilet facility that is intended for use
  276  on a permanent or nonpermanent basis, including facilities
  277  placed on construction sites when workers are present. The
  278  department may specify standards for the construction,
  279  maintenance, use, and operation of any such facility for
  280  temporary use.
  281         (n) Regulate and permit maintenance entities for
  282  performance-based treatment systems and aerobic treatment unit
  283  systems. To ensure systems are maintained and operated according
  284  to manufacturer’s specifications and designs, the department
  285  shall establish by rule minimum qualifying criteria for
  286  maintenance entities. The criteria shall include: training,
  287  access to approved spare parts and components, access to
  288  manufacturer’s maintenance and operation manuals, and service
  289  response time. The maintenance entity shall employ a contractor
  290  licensed under s. 489.105(3)(m), or part III of chapter 489, or
  291  a state-licensed wastewater plant operator, who is responsible
  292  for maintenance and repair of all systems under contract.
  293         (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
  294  construct, repair, modify, abandon, or operate an onsite sewage
  295  treatment and disposal system without first obtaining a permit
  296  approved by the department. The department may issue permits to
  297  carry out this section, but shall not make the issuance of such
  298  permits contingent upon prior approval by the department of
  299  Environmental Protection, except that the issuance of a permit
  300  for work seaward of the coastal construction control line
  301  established under s. 161.053 shall be contingent upon receipt of
  302  any required coastal construction control line permit from the
  303  department of Environmental Protection. A construction permit is
  304  valid for 18 months after from the date of issuance date and may
  305  be extended by the department for one 90-day period under rules
  306  adopted by the department. A repair permit is valid for 90 days
  307  after from the date of issuance. An operating permit must be
  308  obtained before prior to the use of any aerobic treatment unit
  309  or if the establishment generates commercial waste. Buildings or
  310  establishments that use an aerobic treatment unit or generate
  311  commercial waste shall be inspected by the department at least
  312  annually to assure compliance with the terms of the operating
  313  permit. The operating permit for a commercial wastewater system
  314  is valid for 1 year after from the date of issuance and must be
  315  renewed annually. The operating permit for an aerobic treatment
  316  unit is valid for 2 years after from the date of issuance and
  317  must be renewed every 2 years. If all information pertaining to
  318  the siting, location, and installation conditions or repair of
  319  an onsite sewage treatment and disposal system remains the same,
  320  a construction or repair permit for the onsite sewage treatment
  321  and disposal system may be transferred to another person, if the
  322  transferee files, within 60 days after the transfer of
  323  ownership, an amended application providing all corrected
  324  information and proof of ownership of the property. A There is
  325  no fee is not associated with the processing of this
  326  supplemental information. A person may not contract to
  327  construct, modify, alter, repair, service, abandon, or maintain
  328  any portion of an onsite sewage treatment and disposal system
  329  without being registered under part III of chapter 489. A
  330  property owner who personally performs construction,
  331  maintenance, or repairs to a system serving his or her own
  332  owner-occupied single-family residence is exempt from
  333  registration requirements for performing such construction,
  334  maintenance, or repairs on that residence, but is subject to all
  335  permitting requirements. A municipality or political subdivision
  336  of the state may not issue a building or plumbing permit for any
  337  building that requires the use of an onsite sewage treatment and
  338  disposal system unless the owner or builder has received a
  339  construction permit for such system from the department. A
  340  building or structure may not be occupied and a municipality,
  341  political subdivision, or any state or federal agency may not
  342  authorize occupancy until the department approves the final
  343  installation of the onsite sewage treatment and disposal system.
  344  A municipality or political subdivision of the state may not
  345  approve any change in occupancy or tenancy of a building that
  346  uses an onsite sewage treatment and disposal system until the
  347  department has reviewed the use of the system with the proposed
  348  change, approved the change, and amended the operating permit.
  349         (a) Subdivisions and lots in which each lot has a minimum
  350  area of at least one-half acre and either a minimum dimension of
  351  100 feet or a mean of at least 100 feet of the side bordering
  352  the street and the distance formed by a line parallel to the
  353  side bordering the street drawn between the two most distant
  354  points of the remainder of the lot may be developed with a water
  355  system regulated under s. 381.0062 and onsite sewage treatment
  356  and disposal systems, provided the projected daily sewage flow
  357  does not exceed an average of 1,500 gallons per acre per day,
  358  and provided satisfactory drinking water can be obtained and all
  359  distance and setback, soil condition, water table elevation, and
  360  other related requirements of this section and rules adopted
  361  under this section can be met.
  362         (b) Subdivisions and lots using a public water system as
  363  defined in s. 403.852 may use onsite sewage treatment and
  364  disposal systems, provided there are no more than four lots per
  365  acre, provided the projected daily sewage flow does not exceed
  366  an average of 2,500 gallons per acre per day, and provided that
  367  all distance and setback, soil condition, water table elevation,
  368  and other related requirements that are generally applicable to
  369  the use of onsite sewage treatment and disposal systems are met.
  370         (c) Notwithstanding paragraphs (a) and (b), for
  371  subdivisions platted of record on or before October 1, 1991,
  372  when a developer or other appropriate entity has previously made
  373  or makes provisions, including financial assurances or other
  374  commitments, acceptable to the department of Health, that a
  375  central water system will be installed by a regulated public
  376  utility based on a density formula, private potable wells may be
  377  used with onsite sewage treatment and disposal systems until the
  378  agreed-upon densities are reached. In a subdivision regulated by
  379  this paragraph, the average daily sewage flow may not exceed
  380  2,500 gallons per acre per day. This section does not affect the
  381  validity of existing prior agreements. After October 1, 1991,
  382  the exception provided under this paragraph is not available to
  383  a developer or other appropriate entity.
  384         (d) Paragraphs (a) and (b) do not apply to any proposed
  385  residential subdivision with more than 50 lots or to any
  386  proposed commercial subdivision with more than 5 lots where a
  387  publicly owned or investor-owned sewage treatment sewerage
  388  system is available. It is the intent of This paragraph does not
  389  to allow development of additional proposed subdivisions in
  390  order to evade the requirements of this paragraph.
  391         (e) The department shall adopt rules relating to the
  392  location of onsite sewage treatment and disposal systems,
  393  including establishing setback distances, to prevent groundwater
  394  contamination and surface water contamination and to preserve
  395  the public health. The rulemaking process for such rules must be
  396  completed by July 1, 2022, and the department shall notify the
  397  Division of Law Revision of the date such rules take effect. The
  398  rules must consider conventional and enhanced nutrient-reducing
  399  onsite sewage treatment and disposal system designs, impaired or
  400  degraded water bodies, domestic wastewater and drinking water
  401  infrastructure, potable water sources, nonpotable wells,
  402  stormwater infrastructure, the onsite sewage treatment and
  403  disposal system remediation plans developed pursuant to s.
  404  403.067(7)(a)9.b., nutrient pollution, and the recommendations
  405  of the onsite sewage treatment and disposal systems technical
  406  advisory committee established pursuant to s. 381.00652. The
  407  rules must also allow a person to apply for and receive a
  408  variance from a rule requirement upon demonstration that the
  409  requirement would cause an undue hardship and granting the
  410  variance would not cause or contribute to the exceedance of a
  411  total maximum daily load.
  412         (f)(e) Onsite sewage treatment and disposal systems that
  413  are permitted before the rules in paragraph (e) take effect may
  414  must not be placed closer than:
  415         1. Seventy-five feet from a private potable well.
  416         2. Two hundred feet from a public potable well serving a
  417  residential or nonresidential establishment having a total
  418  sewage flow of greater than 2,000 gallons per day.
  419         3. One hundred feet from a public potable well serving a
  420  residential or nonresidential establishment having a total
  421  sewage flow of less than or equal to 2,000 gallons per day.
  422         4. Fifty feet from any nonpotable well.
  423         5. Ten feet from any storm sewer pipe, to the maximum
  424  extent possible, but in no instance shall the setback be less
  425  than 5 feet.
  426         6. Seventy-five feet from the mean high-water line of a
  427  tidally influenced surface water body.
  428         7. Seventy-five feet from the mean annual flood line of a
  429  permanent nontidal surface water body.
  430         8. Fifteen feet from the design high-water line of
  431  retention areas, detention areas, or swales designed to contain
  432  standing or flowing water for less than 72 hours after a
  433  rainfall or the design high-water level of normally dry drainage
  434  ditches or normally dry individual lot stormwater retention
  435  areas.
  436         (f) Except as provided under paragraphs (e) and (t), no
  437  limitations shall be imposed by rule, relating to the distance
  438  between an onsite disposal system and any area that either
  439  permanently or temporarily has visible surface water.
  440         (g) All provisions of This section and rules adopted under
  441  this section relating to soil condition, water table elevation,
  442  distance, and other setback requirements must be equally applied
  443  to all lots, with the following exceptions:
  444         1. Any residential lot that was platted and recorded on or
  445  after January 1, 1972, or that is part of a residential
  446  subdivision that was approved by the appropriate permitting
  447  agency on or after January 1, 1972, and that was eligible for an
  448  onsite sewage treatment and disposal system construction permit
  449  on the date of such platting and recording or approval shall be
  450  eligible for an onsite sewage treatment and disposal system
  451  construction permit, regardless of when the application for a
  452  permit is made. If rules in effect at the time the permit
  453  application is filed cannot be met, residential lots platted and
  454  recorded or approved on or after January 1, 1972, shall, to the
  455  maximum extent possible, comply with the rules in effect at the
  456  time the permit application is filed. At a minimum, however,
  457  those residential lots platted and recorded or approved on or
  458  after January 1, 1972, but before January 1, 1983, shall comply
  459  with those rules in effect on January 1, 1983, and those
  460  residential lots platted and recorded or approved on or after
  461  January 1, 1983, shall comply with those rules in effect at the
  462  time of such platting and recording or approval. In determining
  463  the maximum extent of compliance with current rules that is
  464  possible, the department shall allow structures and
  465  appurtenances thereto which were authorized at the time such
  466  lots were platted and recorded or approved.
  467         2. Lots platted before 1972 are subject to a 50-foot
  468  minimum surface water setback and are not subject to lot size
  469  requirements. The projected daily flow for onsite sewage
  470  treatment and disposal systems for lots platted before 1972 may
  471  not exceed:
  472         a. Two thousand five hundred gallons per acre per day for
  473  lots served by public water systems as defined in s. 403.852.
  474         b. One thousand five hundred gallons per acre per day for
  475  lots served by water systems regulated under s. 381.0062.
  476         (h)1. The department may grant variances in hardship cases
  477  which may be less restrictive than the provisions specified in
  478  this section. If a variance is granted and the onsite sewage
  479  treatment and disposal system construction permit has been
  480  issued, the variance may be transferred with the system
  481  construction permit, if the transferee files, within 60 days
  482  after the transfer of ownership, an amended construction permit
  483  application providing all corrected information and proof of
  484  ownership of the property and if the same variance would have
  485  been required for the new owner of the property as was
  486  originally granted to the original applicant for the variance. A
  487  There is no fee is not associated with the processing of this
  488  supplemental information. A variance may not be granted under
  489  this section until the department is satisfied that:
  490         a. The hardship was not caused intentionally by the action
  491  of the applicant;
  492         b. A No reasonable alternative, taking into consideration
  493  factors such as cost, does not exist exists for the treatment of
  494  the sewage; and
  495         c. The discharge from the onsite sewage treatment and
  496  disposal system will not adversely affect the health of the
  497  applicant or the public or significantly degrade the groundwater
  498  or surface waters.
  499  
  500  Where soil conditions, water table elevation, and setback
  501  provisions are determined by the department to be satisfactory,
  502  special consideration must be given to those lots platted before
  503  1972.
  504         2. The department shall appoint and staff a variance review
  505  and advisory committee, which shall meet monthly to recommend
  506  agency action on variance requests. The committee shall make its
  507  recommendations on variance requests at the meeting in which the
  508  application is scheduled for consideration, except for an
  509  extraordinary change in circumstances, the receipt of new
  510  information that raises new issues, or when the applicant
  511  requests an extension. The committee shall consider the criteria
  512  in subparagraph 1. in its recommended agency action on variance
  513  requests and shall also strive to allow property owners the full
  514  use of their land where possible. The committee consists of the
  515  following:
  516         a. The Secretary of Environmental Protection State Surgeon
  517  General or his or her designee.
  518         b. A representative from the county health departments.
  519         c. A representative from the home building industry
  520  recommended by the Florida Home Builders Association.
  521         d. A representative from the septic tank industry
  522  recommended by the Florida Onsite Wastewater Association.
  523         e. A representative from the Department of Health
  524  Environmental Protection.
  525         f. A representative from the real estate industry who is
  526  also a developer in this state who develops lots using onsite
  527  sewage treatment and disposal systems, recommended by the
  528  Florida Association of Realtors.
  529         g. A representative from the engineering profession
  530  recommended by the Florida Engineering Society.
  531  
  532  Members shall be appointed for a term of 3 years, with such
  533  appointments being staggered so that the terms of no more than
  534  two members expire in any one year. Members shall serve without
  535  remuneration, but if requested, shall be reimbursed for per diem
  536  and travel expenses as provided in s. 112.061.
  537         (i) A construction permit may not be issued for an onsite
  538  sewage treatment and disposal system in any area zoned or used
  539  for industrial or manufacturing purposes, or its equivalent,
  540  where a publicly owned or investor-owned sewage treatment system
  541  is available, or where a likelihood exists that the system will
  542  receive toxic, hazardous, or industrial waste. An existing
  543  onsite sewage treatment and disposal system may be repaired if a
  544  publicly owned or investor-owned sewage treatment sewerage
  545  system is not available within 500 feet of the building sewer
  546  stub-out and if system construction and operation standards can
  547  be met. This paragraph does not require publicly owned or
  548  investor-owned sewage sewerage treatment systems to accept
  549  anything other than domestic wastewater.
  550         1. A building located in an area zoned or used for
  551  industrial or manufacturing purposes, or its equivalent, when
  552  such building is served by an onsite sewage treatment and
  553  disposal system, must not be occupied until the owner or tenant
  554  has obtained written approval from the department. The
  555  department may shall not grant approval when the proposed use of
  556  the system is to dispose of toxic, hazardous, or industrial
  557  wastewater or toxic or hazardous chemicals.
  558         2. Each person who owns or operates a business or facility
  559  in an area zoned or used for industrial or manufacturing
  560  purposes, or its equivalent, or who owns or operates a business
  561  that has the potential to generate toxic, hazardous, or
  562  industrial wastewater or toxic or hazardous chemicals, and uses
  563  an onsite sewage treatment and disposal system that is installed
  564  on or after July 5, 1989, must obtain an annual system operating
  565  permit from the department. A person who owns or operates a
  566  business that uses an onsite sewage treatment and disposal
  567  system that was installed and approved before July 5, 1989, does
  568  not need to not obtain a system operating permit. However, upon
  569  change of ownership or tenancy, the new owner or operator must
  570  notify the department of the change, and the new owner or
  571  operator must obtain an annual system operating permit,
  572  regardless of the date that the system was installed or
  573  approved.
  574         3. The department shall periodically review and evaluate
  575  the continued use of onsite sewage treatment and disposal
  576  systems in areas zoned or used for industrial or manufacturing
  577  purposes, or its equivalent, and may require the collection and
  578  analyses of samples from within and around such systems. If the
  579  department finds that toxic or hazardous chemicals or toxic,
  580  hazardous, or industrial wastewater have been or are being
  581  disposed of through an onsite sewage treatment and disposal
  582  system, the department shall initiate enforcement actions
  583  against the owner or tenant to ensure adequate cleanup,
  584  treatment, and disposal.
  585         (j) An onsite sewage treatment and disposal system designed
  586  by a professional engineer registered in the state and certified
  587  by such engineer as complying with performance criteria adopted
  588  by the department must be approved by the department subject to
  589  the following:
  590         1. The performance criteria applicable to engineer-designed
  591  systems must be limited to those necessary to ensure that such
  592  systems do not adversely affect the public health or
  593  significantly degrade the groundwater or surface water. Such
  594  performance criteria shall include consideration of the quality
  595  of system effluent, the proposed total sewage flow per acre,
  596  wastewater treatment capabilities of the natural or replaced
  597  soil, water quality classification of the potential surface
  598  water-receiving body, and the structural and maintenance
  599  viability of the system for the treatment of domestic
  600  wastewater. However, performance criteria shall address only the
  601  performance of a system and not a system’s design.
  602         2. A person electing to use utilize an engineer-designed
  603  system shall, upon completion of the system design, submit such
  604  design, certified by a registered professional engineer, to the
  605  county health department. The county health department may use
  606  utilize an outside consultant to review the engineer-designed
  607  system, with the actual cost of such review to be borne by the
  608  applicant. Within 5 working days after receiving an engineer
  609  designed system permit application, the county health department
  610  shall request additional information if the application is not
  611  complete. Within 15 working days after receiving a complete
  612  application for an engineer-designed system, the county health
  613  department either shall issue the permit or, if it determines
  614  that the system does not comply with the performance criteria,
  615  shall notify the applicant of that determination and refer the
  616  application to the department for a determination as to whether
  617  the system should be approved, disapproved, or approved with
  618  modification. The department engineer’s determination shall
  619  prevail over the action of the county health department. The
  620  applicant shall be notified in writing of the department’s
  621  determination and of the applicant’s rights to pursue a variance
  622  or seek review under the provisions of chapter 120.
  623         3. The owner of an engineer-designed performance-based
  624  system must maintain a current maintenance service agreement
  625  with a maintenance entity permitted by the department. The
  626  maintenance entity shall inspect each system at least twice each
  627  year and shall report quarterly to the department on the number
  628  of systems inspected and serviced. The reports may be submitted
  629  electronically.
  630         4. The property owner of an owner-occupied, single-family
  631  residence may be approved and permitted by the department as a
  632  maintenance entity for his or her own performance-based
  633  treatment system upon written certification from the system
  634  manufacturer’s approved representative that the property owner
  635  has received training on the proper installation and service of
  636  the system. The maintenance service agreement must conspicuously
  637  disclose that the property owner has the right to maintain his
  638  or her own system and is exempt from contractor registration
  639  requirements for performing construction, maintenance, or
  640  repairs on the system but is subject to all permitting
  641  requirements.
  642         5. The property owner shall obtain a biennial system
  643  operating permit from the department for each system. The
  644  department shall inspect the system at least annually, or on
  645  such periodic basis as the fee collected permits, and may
  646  collect system-effluent samples if appropriate to determine
  647  compliance with the performance criteria. The fee for the
  648  biennial operating permit shall be collected beginning with the
  649  second year of system operation.
  650         6. If an engineer-designed system fails to properly
  651  function or fails to meet performance standards, the system
  652  shall be re-engineered, if necessary, to bring the system into
  653  compliance with the provisions of this section.
  654         (k) An innovative system may be approved in conjunction
  655  with an engineer-designed site-specific system that which is
  656  certified by the engineer to meet the performance-based criteria
  657  adopted by the department.
  658         (l) For the Florida Keys, the department shall adopt a
  659  special rule for the construction, installation, modification,
  660  operation, repair, maintenance, and performance of onsite sewage
  661  treatment and disposal systems which considers the unique soil
  662  conditions and water table elevations, densities, and setback
  663  requirements. On lots where a setback distance of 75 feet from
  664  surface waters, saltmarsh, and buttonwood association habitat
  665  areas cannot be met, an injection well, approved and permitted
  666  by the department, may be used for disposal of effluent from
  667  onsite sewage treatment and disposal systems. The following
  668  additional requirements apply to onsite sewage treatment and
  669  disposal systems in Monroe County:
  670         1. The county, each municipality, and those special
  671  districts established for the purpose of the collection,
  672  transmission, treatment, or disposal of sewage shall ensure, in
  673  accordance with the specific schedules adopted by the
  674  Administration Commission under s. 380.0552, the completion of
  675  onsite sewage treatment and disposal system upgrades to meet the
  676  requirements of this paragraph.
  677         2. Onsite sewage treatment and disposal systems must cease
  678  discharge by December 31, 2015, or must comply with department
  679  rules and provide the level of treatment which, on a permitted
  680  annual average basis, produces an effluent that contains no more
  681  than the following concentrations:
  682         a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
  683         b. Suspended Solids of 10 mg/l.
  684         c. Total Nitrogen, expressed as N, of 10 mg/l or a
  685  reduction in nitrogen of at least 70 percent. A system that has
  686  been tested and certified to reduce nitrogen concentrations by
  687  at least 70 percent shall be deemed to be in compliance with
  688  this standard.
  689         d. Total Phosphorus, expressed as P, of 1 mg/l.
  690  
  691  In addition, onsite sewage treatment and disposal systems
  692  discharging to an injection well must provide basic disinfection
  693  as defined by department rule.
  694         3. In areas not scheduled to be served by a central
  695  sewerage system sewer, onsite sewage treatment and disposal
  696  systems must, by December 31, 2015, comply with department rules
  697  and provide the level of treatment described in subparagraph 2.
  698         4. In areas scheduled to be served by a central sewerage
  699  system sewer by December 31, 2015, if the property owner has
  700  paid a connection fee or assessment for connection to the
  701  central sewerage sewer system, the property owner may install a
  702  holding tank with a high water alarm or an onsite sewage
  703  treatment and disposal system that meets the following minimum
  704  standards:
  705         a. The existing tanks must be pumped and inspected and
  706  certified as being watertight and free of defects in accordance
  707  with department rule; and
  708         b. A sand-lined drainfield or injection well in accordance
  709  with department rule must be installed.
  710         5. Onsite sewage treatment and disposal systems must be
  711  monitored for total nitrogen and total phosphorus concentrations
  712  as required by department rule.
  713         6. The department shall enforce proper installation,
  714  operation, and maintenance of onsite sewage treatment and
  715  disposal systems pursuant to this chapter, including ensuring
  716  that the appropriate level of treatment described in
  717  subparagraph 2. is met.
  718         7. The authority of a local government, including a special
  719  district, to mandate connection of an onsite sewage treatment
  720  and disposal system is governed by s. 4, chapter 99-395, Laws of
  721  Florida.
  722         8. Notwithstanding any other provision of law, an onsite
  723  sewage treatment and disposal system installed after July 1,
  724  2010, in unincorporated Monroe County, excluding special
  725  wastewater districts, that complies with the standards in
  726  subparagraph 2. is not required to connect to a central sewerage
  727  sewer system until December 31, 2020.
  728         (m) A No product sold in the state for use in onsite sewage
  729  treatment and disposal systems may not contain any substance in
  730  concentrations or amounts that would interfere with or prevent
  731  the successful operation of such system, or that would cause
  732  discharges from such systems to violate applicable water quality
  733  standards. The department shall publish criteria for products
  734  known or expected to meet the conditions of this paragraph. If
  735  In the event a product does not meet such criteria, such product
  736  may be sold if the manufacturer satisfactorily demonstrates to
  737  the department that the conditions of this paragraph are met.
  738         (n) Evaluations for determining the seasonal high-water
  739  table elevations or the suitability of soils for the use of a
  740  new onsite sewage treatment and disposal system shall be
  741  performed by department personnel, professional engineers
  742  registered in the state, or such other persons with expertise,
  743  as defined by rule, in making such evaluations. Evaluations for
  744  determining mean annual flood lines shall be performed by those
  745  persons identified in paragraph (2)(k) (2)(j). The department
  746  shall accept evaluations submitted by professional engineers and
  747  such other persons as meet the expertise established by this
  748  section or by rule unless the department has a reasonable
  749  scientific basis for questioning the accuracy or completeness of
  750  the evaluation.
  751         (o) The department shall appoint a research review and
  752  advisory committee, which shall meet at least semiannually. The
  753  committee shall advise the department on directions for new
  754  research, review and rank proposals for research contracts, and
  755  review draft research reports and make comments. The committee
  756  is comprised of:
  757         1. A representative of the State Surgeon General, or his or
  758  her designee.
  759         2. A representative from the septic tank industry.
  760         3. A representative from the home building industry.
  761         4. A representative from an environmental interest group.
  762         5. A representative from the State University System, from
  763  a department knowledgeable about onsite sewage treatment and
  764  disposal systems.
  765         6. A professional engineer registered in this state who has
  766  work experience in onsite sewage treatment and disposal systems.
  767         7. A representative from local government who is
  768  knowledgeable about domestic wastewater treatment.
  769         8. A representative from the real estate profession.
  770         9. A representative from the restaurant industry.
  771         10. A consumer.
  772  
  773  Members shall be appointed for a term of 3 years, with the
  774  appointments being staggered so that the terms of no more than
  775  four members expire in any one year. Members shall serve without
  776  remuneration, but are entitled to reimbursement for per diem and
  777  travel expenses as provided in s. 112.061.
  778         (o)(p) An application for an onsite sewage treatment and
  779  disposal system permit shall be completed in full, signed by the
  780  owner or the owner’s authorized representative, or by a
  781  contractor licensed under chapter 489, and shall be accompanied
  782  by all required exhibits and fees. No Specific documentation of
  783  property ownership is not shall be required as a prerequisite to
  784  the review of an application or the issuance of a permit. The
  785  issuance of a permit does not constitute determination by the
  786  department of property ownership.
  787         (p)(q) The department may not require any form of
  788  subdivision analysis of property by an owner, developer, or
  789  subdivider before prior to submission of an application for an
  790  onsite sewage treatment and disposal system.
  791         (q)(r)Nothing in This section does not limit limits the
  792  power of a municipality or county to enforce other laws for the
  793  protection of the public health and safety.
  794         (r)(s) In the siting of onsite sewage treatment and
  795  disposal systems, including drainfields, shoulders, and slopes,
  796  guttering may shall not be required on single-family residential
  797  dwelling units for systems located greater than 5 feet from the
  798  roof drip line of the house. If guttering is used on residential
  799  dwelling units, the downspouts shall be directed away from the
  800  drainfield.
  801         (s)(t) Notwithstanding the provisions of subparagraph
  802  (g)1., onsite sewage treatment and disposal systems located in
  803  floodways of the Suwannee and Aucilla Rivers must adhere to the
  804  following requirements:
  805         1. The absorption surface of the drainfield may shall not
  806  be subject to flooding based on 10-year flood elevations.
  807  Provided, however, for lots or parcels created by the
  808  subdivision of land in accordance with applicable local
  809  government regulations before prior to January 17, 1990, if an
  810  applicant cannot construct a drainfield system with the
  811  absorption surface of the drainfield at an elevation equal to or
  812  above 10-year flood elevation, the department shall issue a
  813  permit for an onsite sewage treatment and disposal system within
  814  the 10-year floodplain of rivers, streams, and other bodies of
  815  flowing water if all of the following criteria are met:
  816         a. The lot is at least one-half acre in size;
  817         b. The bottom of the drainfield is at least 36 inches above
  818  the 2-year flood elevation; and
  819         c. The applicant installs either: a waterless,
  820  incinerating, or organic waste composting toilet and a graywater
  821  system and drainfield in accordance with department rules; an
  822  aerobic treatment unit and drainfield in accordance with
  823  department rules; a system approved by the State Health Office
  824  that is capable of reducing effluent nitrate by at least 50
  825  percent in accordance with department rules; or a system other
  826  than a system using alternative drainfield materials in
  827  accordance with department rules approved by the county health
  828  department pursuant to department rule other than a system using
  829  alternative drainfield materials. The United States Department
  830  of Agriculture Soil Conservation Service soil maps, State of
  831  Florida Water Management District data, and Federal Emergency
  832  Management Agency Flood Insurance maps are resources that shall
  833  be used to identify flood-prone areas.
  834         2. The use of fill or mounding to elevate a drainfield
  835  system out of the 10-year floodplain of rivers, streams, or
  836  other bodies of flowing water may shall not be permitted if such
  837  a system lies within a regulatory floodway of the Suwannee and
  838  Aucilla Rivers. In cases where the 10-year flood elevation does
  839  not coincide with the boundaries of the regulatory floodway, the
  840  regulatory floodway will be considered for the purposes of this
  841  subsection to extend at a minimum to the 10-year flood
  842  elevation.
  843         (t)1.(u)1. The owner of an aerobic treatment unit system
  844  shall maintain a current maintenance service agreement with an
  845  aerobic treatment unit maintenance entity permitted by the
  846  department. The maintenance entity shall inspect each aerobic
  847  treatment unit system at least twice each year and shall report
  848  quarterly to the department on the number of aerobic treatment
  849  unit systems inspected and serviced. The reports may be
  850  submitted electronically.
  851         2. The property owner of an owner-occupied, single-family
  852  residence may be approved and permitted by the department as a
  853  maintenance entity for his or her own aerobic treatment unit
  854  system upon written certification from the system manufacturer’s
  855  approved representative that the property owner has received
  856  training on the proper installation and service of the system.
  857  The maintenance entity service agreement must conspicuously
  858  disclose that the property owner has the right to maintain his
  859  or her own system and is exempt from contractor registration
  860  requirements for performing construction, maintenance, or
  861  repairs on the system but is subject to all permitting
  862  requirements.
  863         3. A septic tank contractor licensed under part III of
  864  chapter 489, if approved by the manufacturer, may not be denied
  865  access by the manufacturer to aerobic treatment unit system
  866  training or spare parts for maintenance entities. After the
  867  original warranty period, component parts for an aerobic
  868  treatment unit system may be replaced with parts that meet
  869  manufacturer’s specifications but are manufactured by others.
  870  The maintenance entity shall maintain documentation of the
  871  substitute part’s equivalency for 2 years and shall provide such
  872  documentation to the department upon request.
  873         4. The owner of an aerobic treatment unit system shall
  874  obtain a system operating permit from the department and allow
  875  the department to inspect during reasonable hours each aerobic
  876  treatment unit system at least annually, and such inspection may
  877  include collection and analysis of system-effluent samples for
  878  performance criteria established by rule of the department.
  879         (u)(v) The department may require the submission of
  880  detailed system construction plans that are prepared by a
  881  professional engineer registered in this state. The department
  882  shall establish by rule criteria for determining when such a
  883  submission is required.
  884         (v)(w) Any permit issued and approved by the department for
  885  the installation, modification, or repair of an onsite sewage
  886  treatment and disposal system shall transfer with the title to
  887  the property in a real estate transaction. A title may not be
  888  encumbered at the time of transfer by new permit requirements by
  889  a governmental entity for an onsite sewage treatment and
  890  disposal system which differ from the permitting requirements in
  891  effect at the time the system was permitted, modified, or
  892  repaired. An inspection of a system may not be mandated by a
  893  governmental entity at the point of sale in a real estate
  894  transaction. This paragraph does not affect a septic tank phase
  895  out deferral program implemented by a consolidated government as
  896  defined in s. 9, Art. VIII of the State Constitution (1885).
  897         (w)(x) A governmental entity, including a municipality,
  898  county, or statutorily created commission, may not require an
  899  engineer-designed performance-based treatment system, excluding
  900  a passive engineer-designed performance-based treatment system,
  901  before the completion of the Florida Onsite Sewage Nitrogen
  902  Reduction Strategies Project. This paragraph does not apply to a
  903  governmental entity, including a municipality, county, or
  904  statutorily created commission, which adopted a local law,
  905  ordinance, or regulation on or before January 31, 2012.
  906  Notwithstanding this paragraph, an engineer-designed
  907  performance-based treatment system may be used to meet the
  908  requirements of the variance review and advisory committee
  909  recommendations.
  910         (x)1.(y)1. An onsite sewage treatment and disposal system
  911  is not considered abandoned if the system is disconnected from a
  912  structure that was made unusable or destroyed following a
  913  disaster and if the system was properly functioning at the time
  914  of disconnection and was not adversely affected by the disaster.
  915  The onsite sewage treatment and disposal system may be
  916  reconnected to a rebuilt structure if:
  917         a. The reconnection of the system is to the same type of
  918  structure which contains the same number of bedrooms or fewer,
  919  if the square footage of the structure is less than or equal to
  920  110 percent of the original square footage of the structure that
  921  existed before the disaster;
  922         b. The system is not a sanitary nuisance; and
  923         c. The system has not been altered without prior
  924  authorization.
  925         2. An onsite sewage treatment and disposal system that
  926  serves a property that is foreclosed upon is not considered
  927  abandoned.
  928         (y)(z) If an onsite sewage treatment and disposal system
  929  permittee receives, relies upon, and undertakes construction of
  930  a system based upon a validly issued construction permit under
  931  rules applicable at the time of construction but a change to a
  932  rule occurs within 5 years after the approval of the system for
  933  construction but before the final approval of the system, the
  934  rules applicable and in effect at the time of construction
  935  approval apply at the time of final approval if fundamental site
  936  conditions have not changed between the time of construction
  937  approval and final approval.
  938         (z)(aa) An existing-system inspection or evaluation and
  939  assessment, or a modification, replacement, or upgrade of an
  940  onsite sewage treatment and disposal system is not required for
  941  a remodeling addition or modification to a single-family home if
  942  a bedroom is not added. However, a remodeling addition or
  943  modification to a single-family home may not cover any part of
  944  the existing system or encroach upon a required setback or the
  945  unobstructed area. To determine if a setback or the unobstructed
  946  area is impacted, the local health department shall review and
  947  verify a floor plan and site plan of the proposed remodeling
  948  addition or modification to the home submitted by a remodeler
  949  which shows the location of the system, including the distance
  950  of the remodeling addition or modification to the home from the
  951  onsite sewage treatment and disposal system. The local health
  952  department may visit the site or otherwise determine the best
  953  means of verifying the information submitted. A verification of
  954  the location of a system is not an inspection or evaluation and
  955  assessment of the system. The review and verification must be
  956  completed within 7 business days after receipt by the local
  957  health department of a floor plan and site plan. If the review
  958  and verification is not completed within such time, the
  959  remodeling addition or modification to the single-family home,
  960  for the purposes of this paragraph, is approved.
  961         Section 8. Section 381.00652, Florida Statutes, is created
  962  to read:
  963         381.00652 Onsite sewage treatment and disposal systems
  964  technical advisory committee.—
  965         (1) As used in this section, the term “department” means
  966  the Department of Environmental Protection.
  967         (2) An onsite sewage treatment and disposal systems
  968  technical advisory committee, a committee as defined in s.
  969  20.03(8), is created within the department. The committee shall:
  970         (a) Provide recommendations to increase the availability of
  971  enhanced nutrient-reducing onsite sewage treatment and disposal
  972  systems in the marketplace, including such systems that are
  973  cost-effective, low maintenance, and reliable.
  974         (b) Consider and recommend regulatory options, such as
  975  fast-track approval, prequalification, or expedited permitting,
  976  to facilitate the introduction and use of enhanced nutrient
  977  reducing onsite sewage treatment and disposal systems that have
  978  been reviewed and approved by a national agency or organization,
  979  such as the American National Standards Institute 245 systems
  980  approved by the NSF International.
  981         (c) Provide recommendations for appropriate setback
  982  distances for onsite sewage treatment and disposal systems from
  983  surface water, groundwater, and wells.
  984         (3) The department shall use existing and available
  985  resources to administer and support the activities of the
  986  committee.
  987         (4)(a) By August 1, 2021, the department, in consultation
  988  with the Department of Health, shall appoint no more than 10
  989  members to the committee, as follows:
  990         1. A professional engineer.
  991         2. A septic tank contractor.
  992         3. Two representatives from the home building industry.
  993         4. A representative from the real estate industry.
  994         5. A representative from the onsite sewage treatment and
  995  disposal system industry.
  996         6. A representative from local government.
  997         7. Two representatives from the environmental community.
  998         8. A representative of the scientific and technical
  999  community who has substantial expertise in the areas of the fate
 1000  and transport of water pollutants, toxicology, epidemiology,
 1001  geology, biology, or environmental sciences.
 1002         (b) Members shall serve without compensation and are not
 1003  entitled to reimbursement for per diem or travel expenses.
 1004         (5) By January 1, 2022, the committee shall submit its
 1005  recommendations to the Governor, the President of the Senate,
 1006  and the Speaker of the House of Representatives.
 1007         (6) This section expires August 15, 2022.
 1008         Section 9. Effective July 1, 2021, section 381.0068,
 1009  Florida Statutes, is repealed.
 1010         Section 10. Present subsections (14) through (44) of
 1011  section 403.061, Florida Statutes, are redesignated as
 1012  subsections (15) through (45), respectively, subsection (7) is
 1013  amended, and a new subsection (14) is added to that section, to
 1014  read:
 1015         403.061 Department; powers and duties.—The department shall
 1016  have the power and the duty to control and prohibit pollution of
 1017  air and water in accordance with the law and rules adopted and
 1018  promulgated by it and, for this purpose, to:
 1019         (7) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
 1020  implement the provisions of this act. Any rule adopted pursuant
 1021  to this act must shall be consistent with the provisions of
 1022  federal law, if any, relating to control of emissions from motor
 1023  vehicles, effluent limitations, pretreatment requirements, or
 1024  standards of performance. A No county, municipality, or
 1025  political subdivision may not shall adopt or enforce any local
 1026  ordinance, special law, or local regulation requiring the
 1027  installation of Stage II vapor recovery systems, as currently
 1028  defined by department rule, unless such county, municipality, or
 1029  political subdivision is or has been in the past designated by
 1030  federal regulation as a moderate, serious, or severe ozone
 1031  nonattainment area. Rules adopted pursuant to this act may shall
 1032  not require dischargers of waste into waters of the state to
 1033  improve natural background conditions. The department shall
 1034  adopt rules to reasonably limit, reduce, and eliminate domestic
 1035  wastewater collection and transmission system pipe leakages and
 1036  inflow and infiltration. Discharges from steam electric
 1037  generating plants existing or licensed under this chapter on
 1038  July 1, 1984, may shall not be required to be treated to a
 1039  greater extent than may be necessary to assure that the quality
 1040  of nonthermal components of discharges from nonrecirculated
 1041  cooling water systems is as high as the quality of the makeup
 1042  waters; that the quality of nonthermal components of discharges
 1043  from recirculated cooling water systems is no lower than is
 1044  allowed for blowdown from such systems; or that the quality of
 1045  noncooling system discharges which receive makeup water from a
 1046  receiving body of water which does not meet applicable
 1047  department water quality standards is as high as the quality of
 1048  the receiving body of water. The department may not adopt
 1049  standards more stringent than federal regulations, except as
 1050  provided in s. 403.804.
 1051         (14) In order to promote resilient utilities, require
 1052  public utilities or their affiliated companies holding, applying
 1053  for, or renewing a domestic wastewater discharge permit to file
 1054  annual reports and other data regarding transactions or
 1055  allocations of common costs and expenditures on pollution
 1056  mitigation and prevention among the utility’s permitted systems,
 1057  including, but not limited to, the prevention of sanitary sewer
 1058  overflows, collection and transmission system pipe leakages, and
 1059  inflow and infiltration. The department shall adopt rules to
 1060  implement this subsection.
 1061  
 1062  The department shall implement such programs in conjunction with
 1063  its other powers and duties and shall place special emphasis on
 1064  reducing and eliminating contamination that presents a threat to
 1065  humans, animals or plants, or to the environment.
 1066         Section 11. Section 403.0616, Florida Statutes, is created
 1067  to read:
 1068         403.0616 Real-time water quality monitoring program.–
 1069         (1) Subject to appropriation, the department shall
 1070  establish a real-time water quality monitoring program to assist
 1071  in the restoration, preservation, and enhancement of impaired
 1072  water bodies and coastal resources.
 1073         (2) In order to expedite the creation and implementation of
 1074  the program, the department is encouraged to form public-private
 1075  partnerships with established scientific entities that have
 1076  proven existing real-time water quality monitoring equipment and
 1077  experience in deploying the equipment.
 1078         Section 12. Subsection (17) is added to section 403.064,
 1079  Florida Statutes, to read:
 1080         403.064 Reuse of reclaimed water.—
 1081         (17) By December 31, 2020, the department shall initiate
 1082  rule revisions based on the recommendations of the Potable Reuse
 1083  Commission’s 2020 report “Advancing Potable Reuse in Florida:
 1084  Framework for the Implementation of Potable Reuse in Florida.”
 1085  Rules for potable reuse projects must address contaminants of
 1086  emerging concern and meet or exceed federal and state drinking
 1087  water quality standards and other applicable water quality
 1088  standards. Reclaimed water is deemed a water source for public
 1089  water supply systems.
 1090         Section 13. Subsection (7) of section 403.067, Florida
 1091  Statutes, is amended to read:
 1092         403.067 Establishment and implementation of total maximum
 1093  daily loads.—
 1094         (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
 1095  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
 1096         (a) Basin management action plans.—
 1097         1. In developing and implementing the total maximum daily
 1098  load for a water body, the department, or the department in
 1099  conjunction with a water management district, may develop a
 1100  basin management action plan that addresses some or all of the
 1101  watersheds and basins tributary to the water body. Such plan
 1102  must integrate the appropriate management strategies available
 1103  to the state through existing water quality protection programs
 1104  to achieve the total maximum daily loads and may provide for
 1105  phased implementation of these management strategies to promote
 1106  timely, cost-effective actions as provided for in s. 403.151.
 1107  The plan must establish a schedule implementing the management
 1108  strategies, establish a basis for evaluating the plan’s
 1109  effectiveness, and identify feasible funding strategies for
 1110  implementing the plan’s management strategies. The management
 1111  strategies may include regional treatment systems or other
 1112  public works, when where appropriate, and voluntary trading of
 1113  water quality credits to achieve the needed pollutant load
 1114  reductions.
 1115         2. A basin management action plan must equitably allocate,
 1116  pursuant to paragraph (6)(b), pollutant reductions to individual
 1117  basins, as a whole to all basins, or to each identified point
 1118  source or category of nonpoint sources, as appropriate. For
 1119  nonpoint sources for which best management practices have been
 1120  adopted, the initial requirement specified by the plan must be
 1121  those practices developed pursuant to paragraph (c). When Where
 1122  appropriate, the plan may take into account the benefits of
 1123  pollutant load reduction achieved by point or nonpoint sources
 1124  that have implemented management strategies to reduce pollutant
 1125  loads, including best management practices, before the
 1126  development of the basin management action plan. The plan must
 1127  also identify the mechanisms that will address potential future
 1128  increases in pollutant loading.
 1129         3. The basin management action planning process is intended
 1130  to involve the broadest possible range of interested parties,
 1131  with the objective of encouraging the greatest amount of
 1132  cooperation and consensus possible. In developing a basin
 1133  management action plan, the department shall assure that key
 1134  stakeholders, including, but not limited to, applicable local
 1135  governments, water management districts, the Department of
 1136  Agriculture and Consumer Services, other appropriate state
 1137  agencies, local soil and water conservation districts,
 1138  environmental groups, regulated interests, and affected
 1139  pollution sources, are invited to participate in the process.
 1140  The department shall hold at least one public meeting in the
 1141  vicinity of the watershed or basin to discuss and receive
 1142  comments during the planning process and shall otherwise
 1143  encourage public participation to the greatest practicable
 1144  extent. Notice of the public meeting must be published in a
 1145  newspaper of general circulation in each county in which the
 1146  watershed or basin lies at least not less than 5 days, but not
 1147  nor more than 15 days, before the public meeting. A basin
 1148  management action plan does not supplant or otherwise alter any
 1149  assessment made under subsection (3) or subsection (4) or any
 1150  calculation or initial allocation.
 1151         4. Each new or revised basin management action plan shall
 1152  include:
 1153         a. The appropriate management strategies available through
 1154  existing water quality protection programs to achieve total
 1155  maximum daily loads, which may provide for phased implementation
 1156  to promote timely, cost-effective actions as provided for in s.
 1157  403.151;
 1158         b. A description of best management practices adopted by
 1159  rule;
 1160         c. A list of projects in priority ranking with a planning
 1161  level cost estimate and estimated date of completion for each
 1162  listed project;
 1163         d. The source and amount of financial assistance to be made
 1164  available by the department, a water management district, or
 1165  other entity for each listed project, if applicable; and
 1166         e. A planning-level estimate of each listed project’s
 1167  expected load reduction, if applicable.
 1168         5. The department shall adopt all or any part of a basin
 1169  management action plan and any amendment to such plan by
 1170  secretarial order pursuant to chapter 120 to implement the
 1171  provisions of this section.
 1172         6. The basin management action plan must include milestones
 1173  for implementation and water quality improvement, and an
 1174  associated water quality monitoring component sufficient to
 1175  evaluate whether reasonable progress in pollutant load
 1176  reductions is being achieved over time. An assessment of
 1177  progress toward these milestones shall be conducted every 5
 1178  years, and revisions to the plan shall be made as appropriate.
 1179  Revisions to the basin management action plan shall be made by
 1180  the department in cooperation with basin stakeholders. Revisions
 1181  to the management strategies required for nonpoint sources must
 1182  follow the procedures set forth in subparagraph (c)4. Revised
 1183  basin management action plans must be adopted pursuant to
 1184  subparagraph 5.
 1185         7. In accordance with procedures adopted by rule under
 1186  paragraph (9)(c), basin management action plans, and other
 1187  pollution control programs under local, state, or federal
 1188  authority as provided in subsection (4), may allow point or
 1189  nonpoint sources that will achieve greater pollutant reductions
 1190  than required by an adopted total maximum daily load or
 1191  wasteload allocation to generate, register, and trade water
 1192  quality credits for the excess reductions to enable other
 1193  sources to achieve their allocation; however, the generation of
 1194  water quality credits does not remove the obligation of a source
 1195  or activity to meet applicable technology requirements or
 1196  adopted best management practices. Such plans must allow trading
 1197  between NPDES permittees, and trading that may or may not
 1198  involve NPDES permittees, where the generation or use of the
 1199  credits involve an entity or activity not subject to department
 1200  water discharge permits whose owner voluntarily elects to obtain
 1201  department authorization for the generation and sale of credits.
 1202         8. The provisions of The department’s rule relating to the
 1203  equitable abatement of pollutants into surface waters do not
 1204  apply to water bodies or water body segments for which a basin
 1205  management plan that takes into account future new or expanded
 1206  activities or discharges has been adopted under this section.
 1207         9. In order to promote resilient wastewater utilities, if
 1208  the department identifies domestic wastewater treatment
 1209  facilities or onsite sewage treatment and disposal systems as
 1210  contributors of at least 20 percent of point source or nonpoint
 1211  source nutrient pollution or if the department determines
 1212  remediation is necessary to achieve the total maximum daily
 1213  load, a basin management action plan for a nutrient total
 1214  maximum daily load must include the following:
 1215         a. A wastewater treatment plan developed by each local
 1216  government, in cooperation with the department, the water
 1217  management district, and the public and private domestic
 1218  wastewater treatment facilities within the jurisdiction of the
 1219  local government, that addresses domestic wastewater. The
 1220  wastewater treatment plan must:
 1221         (I) Provide for construction, expansion, or upgrades
 1222  necessary to achieve the total maximum daily load requirements
 1223  applicable to the domestic wastewater treatment facility.
 1224         (II) Include the permitted capacity in average annual
 1225  gallons per day for the domestic wastewater treatment facility;
 1226  the average nutrient concentration and the estimated average
 1227  nutrient load of the domestic wastewater; a projected timeline
 1228  of the dates by which the construction of any facility
 1229  improvements will begin and be completed and the date by which
 1230  operations of the improved facility will begin; the estimated
 1231  cost of the improvements; and the identity of responsible
 1232  parties.
 1233  
 1234  The wastewater treatment plan must be adopted as part of the
 1235  basin management action plan no later than July 1, 2025. A local
 1236  government that does not have a domestic wastewater treatment
 1237  facility in its jurisdiction is not required to develop a
 1238  wastewater treatment plan unless there is a demonstrated need to
 1239  establish a domestic wastewater treatment facility within its
 1240  jurisdiction to improve water quality necessary to achieve a
 1241  total maximum daily load. A local government is not responsible
 1242  for a private domestic wastewater facility’s compliance with a
 1243  basin management action plan unless such facility is operated
 1244  through a public-private partnership to which the local
 1245  government is a party.
 1246         b. An onsite sewage treatment and disposal system
 1247  remediation plan developed by each local government in
 1248  cooperation with the department, the Department of Health, water
 1249  management districts, and public and private domestic wastewater
 1250  treatment facilities.
 1251         (I) The onsite sewage treatment and disposal system
 1252  remediation plan must identify cost-effective and financially
 1253  feasible projects necessary to achieve the nutrient load
 1254  reductions required for onsite sewage treatment and disposal
 1255  systems. To identify cost-effective and financially feasible
 1256  projects for remediation of onsite sewage treatment and disposal
 1257  systems, the local government shall:
 1258         (A) Include an inventory of onsite sewage treatment and
 1259  disposal systems based on the best information available;
 1260         (B) Identify onsite sewage treatment and disposal systems
 1261  that would be eliminated through connection to existing or
 1262  future central domestic wastewater infrastructure in the
 1263  jurisdiction or domestic wastewater service area of the local
 1264  government, that would be replaced with or upgraded to enhanced
 1265  nutrient-reducing onsite sewage treatment and disposal systems,
 1266  or that would remain on conventional onsite sewage treatment and
 1267  disposal systems;
 1268         (C) Estimate the costs of potential onsite sewage treatment
 1269  and disposal system connections, upgrades, or replacements; and
 1270         (D) Identify deadlines and interim milestones for the
 1271  planning, design, and construction of projects.
 1272         (II) The department shall adopt the onsite sewage treatment
 1273  and disposal system remediation plan as part of the basin
 1274  management action plan no later than July 1, 2025, or as
 1275  required for Outstanding Florida Springs under s. 373.807.
 1276         10. When identifying wastewater projects in a basin
 1277  management action plan, the department may not require the
 1278  higher cost option if it achieves the same nutrient load
 1279  reduction as a lower cost option. A regulated entity may choose
 1280  a different cost option if it complies with the pollutant
 1281  reduction requirements of an adopted total maximum daily load
 1282  and meets or exceeds the pollution reduction requirement of the
 1283  original project.
 1284         (b) Total maximum daily load implementation.—
 1285         1. The department shall be the lead agency in coordinating
 1286  the implementation of the total maximum daily loads through
 1287  existing water quality protection programs. Application of a
 1288  total maximum daily load by a water management district must be
 1289  consistent with this section and does not require the issuance
 1290  of an order or a separate action pursuant to s. 120.536(1) or s.
 1291  120.54 for the adoption of the calculation and allocation
 1292  previously established by the department. Such programs may
 1293  include, but are not limited to:
 1294         a. Permitting and other existing regulatory programs,
 1295  including water-quality-based effluent limitations;
 1296         b. Nonregulatory and incentive-based programs, including
 1297  best management practices, cost sharing, waste minimization,
 1298  pollution prevention, agreements established pursuant to s.
 1299  403.061(22) s. 403.061(21), and public education;
 1300         c. Other water quality management and restoration
 1301  activities, for example surface water improvement and management
 1302  plans approved by water management districts or basin management
 1303  action plans developed pursuant to this subsection;
 1304         d. Trading of water quality credits or other equitable
 1305  economically based agreements;
 1306         e. Public works including capital facilities; or
 1307         f. Land acquisition.
 1308         2. For a basin management action plan adopted pursuant to
 1309  paragraph (a), any management strategies and pollutant reduction
 1310  requirements associated with a pollutant of concern for which a
 1311  total maximum daily load has been developed, including effluent
 1312  limits set forth for a discharger subject to NPDES permitting,
 1313  if any, must be included in a timely manner in subsequent NPDES
 1314  permits or permit modifications for that discharger. The
 1315  department may not impose limits or conditions implementing an
 1316  adopted total maximum daily load in an NPDES permit until the
 1317  permit expires, the discharge is modified, or the permit is
 1318  reopened pursuant to an adopted basin management action plan.
 1319         a. Absent a detailed allocation, total maximum daily loads
 1320  must be implemented through NPDES permit conditions that provide
 1321  for a compliance schedule. In such instances, a facility’s NPDES
 1322  permit must allow time for the issuance of an order adopting the
 1323  basin management action plan. The time allowed for the issuance
 1324  of an order adopting the plan may not exceed 5 years. Upon
 1325  issuance of an order adopting the plan, the permit must be
 1326  reopened or renewed, as necessary, and permit conditions
 1327  consistent with the plan must be established. Notwithstanding
 1328  the other provisions of this subparagraph, upon request by an
 1329  NPDES permittee, the department as part of a permit issuance,
 1330  renewal, or modification may establish individual allocations
 1331  before the adoption of a basin management action plan.
 1332         b. For holders of NPDES municipal separate storm sewer
 1333  system permits and other stormwater sources, implementation of a
 1334  total maximum daily load or basin management action plan must be
 1335  achieved, to the maximum extent practicable, through the use of
 1336  best management practices or other management measures.
 1337         c. The basin management action plan does not relieve the
 1338  discharger from any requirement to obtain, renew, or modify an
 1339  NPDES permit or to abide by other requirements of the permit.
 1340         d. Management strategies set forth in a basin management
 1341  action plan to be implemented by a discharger subject to
 1342  permitting by the department must be completed pursuant to the
 1343  schedule set forth in the basin management action plan. This
 1344  implementation schedule may extend beyond the 5-year term of an
 1345  NPDES permit.
 1346         e. Management strategies and pollution reduction
 1347  requirements set forth in a basin management action plan for a
 1348  specific pollutant of concern are not subject to challenge under
 1349  chapter 120 at the time they are incorporated, in an identical
 1350  form, into a subsequent NPDES permit or permit modification.
 1351         f. For nonagricultural pollutant sources not subject to
 1352  NPDES permitting but permitted pursuant to other state,
 1353  regional, or local water quality programs, the pollutant
 1354  reduction actions adopted in a basin management action plan must
 1355  be implemented to the maximum extent practicable as part of
 1356  those permitting programs.
 1357         g. A nonpoint source discharger included in a basin
 1358  management action plan must demonstrate compliance with the
 1359  pollutant reductions established under subsection (6) by
 1360  implementing the appropriate best management practices
 1361  established pursuant to paragraph (c) or conducting water
 1362  quality monitoring prescribed by the department or a water
 1363  management district. A nonpoint source discharger may, in
 1364  accordance with department rules, supplement the implementation
 1365  of best management practices with water quality credit trades in
 1366  order to demonstrate compliance with the pollutant reductions
 1367  established under subsection (6).
 1368         h. A nonpoint source discharger included in a basin
 1369  management action plan may be subject to enforcement action by
 1370  the department or a water management district based upon a
 1371  failure to implement the responsibilities set forth in sub
 1372  subparagraph g.
 1373         i. A landowner, discharger, or other responsible person who
 1374  is implementing applicable management strategies specified in an
 1375  adopted basin management action plan may not be required by
 1376  permit, enforcement action, or otherwise to implement additional
 1377  management strategies, including water quality credit trading,
 1378  to reduce pollutant loads to attain the pollutant reductions
 1379  established pursuant to subsection (6) and shall be deemed to be
 1380  in compliance with this section. This subparagraph does not
 1381  limit the authority of the department to amend a basin
 1382  management action plan as specified in subparagraph (a)6.
 1383         (c) Best management practices.—
 1384         1. The department, in cooperation with the water management
 1385  districts and other interested parties, as appropriate, may
 1386  develop suitable interim measures, best management practices, or
 1387  other measures necessary to achieve the level of pollution
 1388  reduction established by the department for nonagricultural
 1389  nonpoint pollutant sources in allocations developed pursuant to
 1390  subsection (6) and this subsection. These practices and measures
 1391  may be adopted by rule by the department and the water
 1392  management districts and, where adopted by rule, shall be
 1393  implemented by those parties responsible for nonagricultural
 1394  nonpoint source pollution.
 1395         2. The Department of Agriculture and Consumer Services may
 1396  develop and adopt by rule pursuant to ss. 120.536(1) and 120.54
 1397  suitable interim measures, best management practices, or other
 1398  measures necessary to achieve the level of pollution reduction
 1399  established by the department for agricultural pollutant sources
 1400  in allocations developed pursuant to subsection (6) and this
 1401  subsection or for programs implemented pursuant to paragraph
 1402  (12)(b). These practices and measures may be implemented by
 1403  those parties responsible for agricultural pollutant sources and
 1404  the department, the water management districts, and the
 1405  Department of Agriculture and Consumer Services shall assist
 1406  with implementation. In the process of developing and adopting
 1407  rules for interim measures, best management practices, or other
 1408  measures, the Department of Agriculture and Consumer Services
 1409  shall consult with the department, the Department of Health, the
 1410  water management districts, representatives from affected
 1411  farming groups, and environmental group representatives. Such
 1412  rules must also incorporate provisions for a notice of intent to
 1413  implement the practices and a system to assure the
 1414  implementation of the practices, including site inspection and
 1415  recordkeeping requirements.
 1416         3. When Where interim measures, best management practices,
 1417  or other measures are adopted by rule, the effectiveness of such
 1418  practices in achieving the levels of pollution reduction
 1419  established in allocations developed by the department pursuant
 1420  to subsection (6) and this subsection or in programs implemented
 1421  pursuant to paragraph (12)(b) must be verified at representative
 1422  sites by the department. The department shall use best
 1423  professional judgment in making the initial verification that
 1424  the best management practices are reasonably expected to be
 1425  effective and, when where applicable, shall must notify the
 1426  appropriate water management district or the Department of
 1427  Agriculture and Consumer Services of its initial verification
 1428  before the adoption of a rule proposed pursuant to this
 1429  paragraph. Implementation, in accordance with rules adopted
 1430  under this paragraph, of practices that have been initially
 1431  verified to be effective, or verified to be effective by
 1432  monitoring at representative sites, by the department, shall
 1433  provide a presumption of compliance with state water quality
 1434  standards and release from the provisions of s. 376.307(5) for
 1435  those pollutants addressed by the practices, and the department
 1436  is not authorized to institute proceedings against the owner of
 1437  the source of pollution to recover costs or damages associated
 1438  with the contamination of surface water or groundwater caused by
 1439  those pollutants. Research projects funded by the department, a
 1440  water management district, or the Department of Agriculture and
 1441  Consumer Services to develop or demonstrate interim measures or
 1442  best management practices shall be granted a presumption of
 1443  compliance with state water quality standards and a release from
 1444  the provisions of s. 376.307(5). The presumption of compliance
 1445  and release is limited to the research site and only for those
 1446  pollutants addressed by the interim measures or best management
 1447  practices. Eligibility for the presumption of compliance and
 1448  release is limited to research projects on sites where the owner
 1449  or operator of the research site and the department, a water
 1450  management district, or the Department of Agriculture and
 1451  Consumer Services have entered into a contract or other
 1452  agreement that, at a minimum, specifies the research objectives,
 1453  the cost-share responsibilities of the parties, and a schedule
 1454  that details the beginning and ending dates of the project.
 1455         4. When Where water quality problems are demonstrated,
 1456  despite the appropriate implementation, operation, and
 1457  maintenance of best management practices and other measures
 1458  required by rules adopted under this paragraph, the department,
 1459  a water management district, or the Department of Agriculture
 1460  and Consumer Services, in consultation with the department,
 1461  shall institute a reevaluation of the best management practice
 1462  or other measure. If Should the reevaluation determines
 1463  determine that the best management practice or other measure
 1464  requires modification, the department, a water management
 1465  district, or the Department of Agriculture and Consumer
 1466  Services, as appropriate, shall revise the rule to require
 1467  implementation of the modified practice within a reasonable time
 1468  period as specified in the rule.
 1469         5. Subject to subparagraph 6., the Department of
 1470  Agriculture and Consumer Services shall provide to the
 1471  department information obtained pursuant to subparagraph (d)3.
 1472         6.5. Agricultural records relating to processes or methods
 1473  of production, costs of production, profits, or other financial
 1474  information held by the Department of Agriculture and Consumer
 1475  Services pursuant to subparagraphs 3. and 4., and 5. or pursuant
 1476  to any rule adopted pursuant to subparagraph 2. are confidential
 1477  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 1478  Constitution. Upon request, records made confidential and exempt
 1479  pursuant to this subparagraph shall be released to the
 1480  department or any water management district provided that the
 1481  confidentiality specified by this subparagraph for such records
 1482  is maintained.
 1483         7.6.The provisions of Subparagraphs 1. and 2. do not
 1484  preclude the department or water management district from
 1485  requiring compliance with water quality standards or with
 1486  current best management practice requirements set forth in any
 1487  applicable regulatory program authorized by law for the purpose
 1488  of protecting water quality. Additionally, subparagraphs 1. and
 1489  2. are applicable only to the extent that they do not conflict
 1490  with any rules adopted by the department that are necessary to
 1491  maintain a federally delegated or approved program.
 1492         (d) Enforcement and verification of basin management action
 1493  plans and management strategies.—
 1494         1. Basin management action plans are enforceable pursuant
 1495  to this section and ss. 403.121, 403.141, and 403.161.
 1496  Management strategies, including best management practices and
 1497  water quality monitoring, are enforceable under this chapter.
 1498         2. No later than January 1, 2017:
 1499         a. The department, in consultation with the water
 1500  management districts and the Department of Agriculture and
 1501  Consumer Services, shall initiate rulemaking to adopt procedures
 1502  to verify implementation of water quality monitoring required in
 1503  lieu of implementation of best management practices or other
 1504  measures pursuant to sub-subparagraph (b)2.g.;
 1505         b. The department, in consultation with the water
 1506  management districts and the Department of Agriculture and
 1507  Consumer Services, shall initiate rulemaking to adopt procedures
 1508  to verify implementation of nonagricultural interim measures,
 1509  best management practices, or other measures adopted by rule
 1510  pursuant to subparagraph (c)1.; and
 1511         c. The Department of Agriculture and Consumer Services, in
 1512  consultation with the water management districts and the
 1513  department, shall initiate rulemaking to adopt procedures to
 1514  verify implementation of agricultural interim measures, best
 1515  management practices, or other measures adopted by rule pursuant
 1516  to subparagraph(c)2.
 1517  
 1518  The rules required under this subparagraph shall include
 1519  enforcement procedures applicable to the landowner, discharger,
 1520  or other responsible person required to implement applicable
 1521  management strategies, including best management practices or
 1522  water quality monitoring as a result of noncompliance.
 1523         3. At least every 2 years, the Department of Agriculture
 1524  and Consumer Services shall perform onsite inspections of each
 1525  agricultural producer that enrolls in a best management practice
 1526  to ensure that such practice is being properly implemented. Such
 1527  verification must include a collection and review of the best
 1528  management practice documentation from the previous 2 years
 1529  required by rules adopted pursuant to subparagraph (c)2.,
 1530  including, but not limited to, nitrogen and phosphorus
 1531  fertilizer application records, which must be collected and
 1532  retained pursuant to subparagraphs (c)3., 4., and 6. The
 1533  Department of Agriculture and Consumer Services shall initially
 1534  prioritize the inspection of agricultural producers located in
 1535  the basin management action plans for Lake Okeechobee, the
 1536  Indian River Lagoon, the Caloosahatchee River and Estuary, and
 1537  Silver Springs.
 1538         (e) Cooperative agricultural regional water quality
 1539  improvement element.—
 1540         1. The department, the Department of Agriculture and
 1541  Consumer Services, and owners of agricultural operations in the
 1542  basin shall develop a cooperative agricultural regional water
 1543  quality improvement element as part of a basin management action
 1544  plan only if:
 1545         a. Agricultural measures have been adopted by the
 1546  Department of Agriculture and Consumer Services pursuant to
 1547  subparagraph (c)2. and have been implemented and the waterbody
 1548  remains impaired;
 1549         b. Agricultural nonpoint sources contribute to at least 20
 1550  percent of nonpoint source nutrient discharges; and
 1551         c. The department determines that additional measures, in
 1552  combination with state-sponsored regional projects and other
 1553  management strategies included in the basin management action
 1554  plan, are necessary to achieve the total maximum daily load.
 1555         2. The element will be implemented through the use of cost
 1556  sharing projects. The element must include cost-effective and
 1557  technically and financially practical cooperative regional
 1558  agricultural nutrient reduction projects that can be implemented
 1559  on private properties on a site-specific, cooperative basis.
 1560  Such cooperative regional agricultural nutrient reduction
 1561  projects may include land acquisition in fee or conservation
 1562  easements on the lands of willing sellers and site-specific
 1563  water quality improvement or dispersed water management projects
 1564  on the lands of project participants.
 1565         3. To qualify for participation in the cooperative
 1566  agricultural regional water quality improvement element, the
 1567  participant must have already implemented and be in compliance
 1568  with best management practices or other measures adopted by the
 1569  Department of Agriculture and Consumer Services pursuant to
 1570  subparagraph (c)2. The element may be included in the basin
 1571  management action plan as a part of the next 5-year assessment
 1572  under subparagraph (a)6.
 1573         4. The department may submit a legislative budget request
 1574  to fund projects developed pursuant to this paragraph. In
 1575  allocating funds for projects funded pursuant to this paragraph,
 1576  the department shall provide at least 20 percent of its annual
 1577  appropriation for projects in subbasins with the highest
 1578  nutrient concentrations within a basin management action plan.
 1579         (f) Data collection and research.—
 1580         1. The Department of Agriculture and Consumer Services, in
 1581  cooperation with the University of Florida Institute of Food and
 1582  Agricultural Sciences and other state universities and Florida
 1583  College System institutions that have agricultural research
 1584  programs, shall annually develop research plans and legislative
 1585  budget requests to:
 1586         a. Evaluate and suggest enhancements to the existing
 1587  adopted agricultural best management practices to reduce
 1588  nutrient runoff;
 1589         b. Develop new best management practices that, if proven
 1590  effective, the Department of Agriculture and Consumer Services
 1591  may adopt by rule pursuant to subparagraph (c)2.; and
 1592         c. Develop agricultural nutrient runoff reduction projects
 1593  that willing participants could implement on a site-specific,
 1594  cooperative basis, in addition to best management practices. The
 1595  department may consider these projects for inclusion in a basin
 1596  management action plan. These nutrient runoff reduction projects
 1597  must reduce the nutrient impacts from agricultural operations on
 1598  water quality when evaluated with the projects and management
 1599  strategies currently included in the basin management action
 1600  plan.
 1601         2. To be considered for funding, the University of Florida
 1602  Institute of Food and Agricultural Sciences and other state
 1603  universities and Florida College System institutions that have
 1604  agricultural research programs must submit such plans to the
 1605  department and the Department of Agriculture and Consumer
 1606  Services by August 1, 2021, and each May 1 thereafter.
 1607         3. The department shall work with the University of Florida
 1608  Institute of Food and Agricultural Sciences and regulated
 1609  entities to consider the adoption by rule of best management
 1610  practices for nutrient impacts from golf courses. Such adopted
 1611  best management practices are subject to the requirements of
 1612  paragraph (c).
 1613         Section 14. Section 403.0671, Florida Statutes, is created
 1614  to read:
 1615         403.0671 Basin management action plan wastewater reports.—
 1616         (1) By July 1, 2021, the department, in coordination with
 1617  the county health departments, wastewater treatment facilities,
 1618  and other governmental entities, shall submit a report to the
 1619  Governor, the President of the Senate, and the Speaker of the
 1620  House of Representatives evaluating the costs of wastewater
 1621  projects identified in the basin management action plans
 1622  developed pursuant to ss. 373.807 and 403.067(7) and the onsite
 1623  sewage treatment and disposal system remediation plans and other
 1624  restoration plans developed to meet the total maximum daily
 1625  loads required under s. 403.067. The report must include:
 1626         (a) Projects to:
 1627         1. Replace onsite sewage treatment and disposal systems
 1628  with enhanced nutrient-reducing onsite sewage treatment and
 1629  disposal systems.
 1630         2. Install or retrofit onsite sewage treatment and disposal
 1631  systems with enhanced nutrient-reducing technologies.
 1632         3. Construct, upgrade, or expand domestic wastewater
 1633  treatment facilities to meet the wastewater treatment plan
 1634  required under s. 403.067(7)(a)9.
 1635         4. Connect onsite sewage treatment and disposal systems to
 1636  domestic wastewater treatment facilities;
 1637         (b) The estimated costs, nutrient load reduction estimates,
 1638  and other benefits of each project;
 1639         (c) The estimated implementation timeline for each project;
 1640         (d) A proposed 5-year funding plan for each project and the
 1641  source and amount of financial assistance the department, a
 1642  water management district, or other project partner will make
 1643  available to fund the project; and
 1644         (e) The projected costs of installing enhanced nutrient
 1645  reducing onsite sewage treatment and disposal systems on
 1646  buildable lots in priority focus areas to comply with s.
 1647  373.811.
 1648         (2) By July 1, 2021, the department shall submit a report
 1649  to the Governor, the President of the Senate, and the Speaker of
 1650  the House of Representatives that provides an assessment of the
 1651  water quality monitoring being conducted for each basin
 1652  management action plan implementing a nutrient total maximum
 1653  daily load. In developing the report, the department may
 1654  coordinate with water management districts and any applicable
 1655  university. The report must:
 1656         (a) Evaluate the water quality monitoring prescribed for
 1657  each basin management action plan to determine if it is
 1658  sufficient to detect changes in water quality caused by the
 1659  implementation of a project.
 1660         (b) Identify gaps in water quality monitoring.
 1661         (c) Recommend water quality monitoring needs.
 1662         (3) Beginning January 1, 2022, and each January 1
 1663  thereafter, the department shall submit to the Office of
 1664  Economic and Demographic Research the cost estimates for
 1665  projects required in s. 403.067(7)(a)9. The office shall include
 1666  the project cost estimates in its annual assessment conducted
 1667  pursuant to s. 403.928.
 1668         Section 15. Section 403.0673, Florida Statutes, is created
 1669  to read:
 1670         403.0673 Wastewater grant program.—A wastewater grant
 1671  program is established within the Department of Environmental
 1672  Protection.
 1673         (1) Subject to the appropriation of funds by the
 1674  Legislature, the department may provide grants for the following
 1675  projects within a basin management action plan, an alternative
 1676  restoration plan adopted by final order, or a rural area of
 1677  opportunity under s. 288.0656 which will individually or
 1678  collectively reduce excess nutrient pollution:
 1679         (a) Projects to retrofit onsite sewage treatment and
 1680  disposal systems to upgrade such systems to enhanced nutrient
 1681  reducing onsite sewage treatment and disposal systems.
 1682         (b) Projects to construct, upgrade, or expand facilities to
 1683  provide advanced waste treatment, as defined in s. 403.086(4).
 1684         (c) Projects to connect onsite sewage treatment and
 1685  disposal systems to central sewer facilities.
 1686         (2) In allocating such funds, priority must be given to
 1687  projects that subsidize the connection of onsite sewage
 1688  treatment and disposal systems to wastewater treatment
 1689  facilities. First priority must be given to subsidize the
 1690  connection of onsite sewage treatment and disposal systems to
 1691  existing infrastructure. Second priority must be given to any
 1692  expansion of a collection or transmission system that promotes
 1693  efficiency by planning the installation of wastewater
 1694  transmission facilities to be constructed concurrently with
 1695  other construction projects occurring within or along a
 1696  transportation facility right-of-way. Third priority must be
 1697  given to all other connections of onsite sewage treatment and
 1698  disposal systems to wastewater treatment facilities. The
 1699  department shall consider the estimated reduction in nutrient
 1700  load per project; project readiness; the cost-effectiveness of
 1701  the project; the overall environmental benefit of a project; the
 1702  location of a project; the availability of local matching funds;
 1703  and projected water savings or quantity improvements associated
 1704  with a project.
 1705         (3) Each grant for a project described in subsection (1)
 1706  must require a minimum of a 50 percent local match of funds.
 1707  However, the department may, at its discretion, waive, in whole
 1708  or in part, this consideration of the local contribution for
 1709  proposed projects within an area designated as a rural area of
 1710  opportunity under s. 288.0656.
 1711         (4) The department shall coordinate with each water
 1712  management district, as necessary, to identify grant recipients
 1713  in each district.
 1714         (5) Beginning January 1, 2021, and each January 1
 1715  thereafter, the department shall submit a report regarding the
 1716  projects funded pursuant to this section to the Governor, the
 1717  President of the Senate, and the Speaker of the House of
 1718  Representatives.
 1719         Section 16. Section 403.0855, Florida Statutes, is created
 1720  to read:
 1721         403.0855 Biosolids management.—
 1722         (1) The Legislature finds that it is in the best interest
 1723  of this state to regulate biosolids management in order to
 1724  minimize the migration of nutrients that impair water bodies.
 1725  The Legislature further finds that permitting according to site
 1726  specific application conditions, an increased inspection rate,
 1727  groundwater and surface water monitoring protocols, and nutrient
 1728  management research will improve biosolids management and assist
 1729  in protecting this state’s water resources and water quality.
 1730         (2) The department shall adopt rules for biosolids
 1731  management. Rules adopted by the department pursuant to this
 1732  section may not take effect until ratified by the Legislature.
 1733         (3) For a new land application site permit or a permit
 1734  renewal issued after July 1, 2020, the permittee of a biosolids
 1735  land application site shall:
 1736         (a) Ensure a minimum unsaturated soil depth of 2 feet
 1737  between the depth of biosolids placement and the water table
 1738  level at the time the Class A or Class B biosolids are applied
 1739  to the soil. Biosolids may not be applied on soils that have a
 1740  seasonal high-water table less than 6 inches from the soil
 1741  surface or within 6 inches of the intended depth of biosolids
 1742  placement, unless a department-approved nutrient management plan
 1743  and water quality monitoring plan provide reasonable assurances
 1744  that the land application of biosolids at the site will not
 1745  cause or contribute to a violation of the state’s surface water
 1746  quality standards or groundwater standards. As used in this
 1747  subsection, the term “seasonal high water” means the elevation
 1748  to which the ground and surface water may be expected to rise
 1749  due to a normal wet season.
 1750         (b) Be enrolled in the Department of Agriculture and
 1751  Consumer Service’s best management practices program or be
 1752  within an agricultural operation enrolled in the program for the
 1753  applicable commodity type.
 1754         (4) All permits shall comply with the requirements of
 1755  subsection (3) by July 1, 2022.
 1756         (5) New or renewed biosolids land application site or
 1757  facility permits issued after July 1, 2020, must comply with
 1758  this section and include a permit condition that requires the
 1759  permit to be reopened to insert a compliance date of no later
 1760  than 1 year after the effective date of the rules adopted
 1761  pursuant to subsection (2). All permits must meet the
 1762  requirements of the rules adopted pursuant to subsection (2) no
 1763  later than 2 years after the effective date of such rules.
 1764         (6) A municipality or county may enforce or extend a local
 1765  ordinance, regulation, resolution, rule, moratorium, or policy,
 1766  any of which was adopted before November 1, 2019, relating to
 1767  the land application of Class A or Class B biosolids until the
 1768  ordinance, regulation, resolution, rule, moratorium, or policy
 1769  is repealed by the municipality or county.
 1770         Section 17. Present subsections (7) through (10) of section
 1771  403.086, Florida Statutes, are redesignated as subsections (8)
 1772  through (11), respectively, subsections (1) and (2) are amended,
 1773  and a new subsection (7) is added to that section, to read:
 1774         403.086 Sewage disposal facilities; advanced and secondary
 1775  waste treatment.—
 1776         (1)(a) Neither The Department of Health or nor any other
 1777  state agency, county, special district, or municipality may not
 1778  shall approve construction of any sewage disposal facilities for
 1779  sanitary sewage disposal which do not provide for secondary
 1780  waste treatment and, in addition thereto, advanced waste
 1781  treatment as deemed necessary and ordered by the department.
 1782         (b) Sewage disposal No facilities for sanitary sewage
 1783  disposal constructed after June 14, 1978, may not shall dispose
 1784  of any wastes by deep well injection without providing for
 1785  secondary waste treatment and, in addition thereto, advanced
 1786  waste treatment deemed necessary by the department to protect
 1787  adequately the beneficial use of the receiving waters.
 1788         (c) Notwithstanding any other provisions of this chapter or
 1789  chapter 373, sewage disposal facilities for sanitary sewage
 1790  disposal may not dispose of any wastes into Old Tampa Bay, Tampa
 1791  Bay, Hillsborough Bay, Boca Ciega Bay, St. Joseph Sound,
 1792  Clearwater Bay, Sarasota Bay, Little Sarasota Bay, Roberts Bay,
 1793  Lemon Bay, or Charlotte Harbor Bay, or, beginning July 1, 2025,
 1794  Indian River Lagoon, or into any river, stream, channel, canal,
 1795  bay, bayou, sound, or other water tributary thereto, without
 1796  providing advanced waste treatment, as defined in subsection
 1797  (4), approved by the department. This paragraph does shall not
 1798  apply to facilities which were permitted by February 1, 1987,
 1799  and which discharge secondary treated effluent, followed by
 1800  water hyacinth treatment, to tributaries of tributaries of the
 1801  named waters; or to facilities permitted to discharge to the
 1802  nontidally influenced portions of the Peace River.
 1803         (d) By December 31, 2020, the department, in consultation
 1804  with the water management districts and sewage disposal
 1805  facilities, shall submit to the Governor, the President of the
 1806  Senate, and the Speaker of the House of Representatives a
 1807  progress report on the status of upgrades made by each facility
 1808  to meet the advanced waste treatment requirements under
 1809  paragraph (c). The report must include a list of sewage disposal
 1810  facilities required to upgrade to advanced waste treatment, the
 1811  preliminary cost estimates for the upgrades, and a projected
 1812  timeline of the dates by which the upgrades will begin and be
 1813  completed and the date by which operations of the upgraded
 1814  facility will begin.
 1815         (2) All sewage disposal Any facilities for sanitary sewage
 1816  disposal shall provide for secondary waste treatment, a power
 1817  outage contingency plan that mitigates the impacts of power
 1818  outages on the utility’s collection system and pump stations,
 1819  and, in addition thereto, advanced waste treatment as deemed
 1820  necessary and ordered by the Department of Environmental
 1821  Protection. Failure to conform is shall be punishable by a civil
 1822  penalty of $500 for each 24-hour day or fraction thereof that
 1823  such failure is allowed to continue thereafter.
 1824         (7) All sewage disposal facilities under subsection (2)
 1825  which control a collection or transmission system of pipes and
 1826  pumps to collect and transmit wastewater from domestic or
 1827  industrial sources to the facility shall take steps to prevent
 1828  sanitary sewer overflows or underground pipe leaks and ensure
 1829  that collected wastewater reaches the facility for appropriate
 1830  treatment. Facilities must use inflow and infiltration studies
 1831  and leakage surveys to develop pipe assessment, repair, and
 1832  replacement action plans with a 5-year planning horizon that
 1833  comply with department rule to limit, reduce, and eliminate
 1834  leaks, seepages, or inputs into wastewater treatment systems’
 1835  underground pipes. The pipe assessment, repair, and replacement
 1836  action plans must be reported to the department. The facility
 1837  action plans must include information regarding the annual
 1838  expenditures dedicated to the inflow and infiltration studies
 1839  and the required replacement action plans; expenditures that are
 1840  dedicated to pipe assessment, repair, and replacement; and
 1841  expenditures designed to limit the presence of fats, roots,
 1842  oils, and grease in the facility’s collection system. The
 1843  department shall adopt rules regarding the implementation of
 1844  inflow and infiltration studies and leakage surveys; however,
 1845  such rules may not fix or revise utility rates or budgets. A
 1846  utility or an operating entity subject to this subsection and s.
 1847  403.061(14) may submit one report to comply with both
 1848  requirements. Substantial compliance with this subsection is
 1849  evidence in mitigation for the purposes of assessing penalties
 1850  pursuant to ss. 403.121 and 403.141.
 1851         Section 18. Present subsections (4) through (10) of section
 1852  403.087, Florida Statutes, are redesignated as subsections (5)
 1853  through (11), respectively, and a new subsection (4) is added to
 1854  that section, to read:
 1855         403.087 Permits; general issuance; denial; revocation;
 1856  prohibition; penalty.—
 1857         (4) The department shall issue an operation permit for a
 1858  domestic wastewater treatment facility other than a facility
 1859  regulated under the National Pollutant Discharge Elimination
 1860  System Program under s. 403.0885 for a term of up to 10 years if
 1861  the facility is meeting the stated goals in its action plan
 1862  adopted pursuant to s. 403.086(7).
 1863         Section 19. Present subsections (3) and (4) of section
 1864  403.088, Florida Statutes, are redesignated as subsections (4)
 1865  and (5), respectively, paragraph (c) of subsection (2) is
 1866  amended, and a new subsection (3) is added to that section, to
 1867  read:
 1868         403.088 Water pollution operation permits; conditions.—
 1869         (2)
 1870         (c) A permit shall:
 1871         1. Specify the manner, nature, volume, and frequency of the
 1872  discharge permitted;
 1873         2. Require proper operation and maintenance of any
 1874  pollution abatement facility by qualified personnel in
 1875  accordance with standards established by the department;
 1876         3. Require a deliberate, proactive approach to
 1877  investigating or surveying a significant percentage of the
 1878  domestic wastewater collection system throughout the duration of
 1879  the permit to determine pipe integrity, which must be
 1880  accomplished in an economically feasible manner. The permittee
 1881  shall submit an annual report to the department which details
 1882  facility revenues and expenditures in a manner prescribed by
 1883  department rule. The report must detail any deviation of annual
 1884  expenditures from identified system needs related to inflow and
 1885  infiltration studies; model plans for pipe assessment, repair,
 1886  and replacement; and pipe assessment, repair, and replacement
 1887  required under s. 403.086(7). Substantial compliance with this
 1888  subsection is evidence in mitigation for the purposes of
 1889  assessing penalties pursuant to ss. 403.121 and 403.141;
 1890         4.3. Contain such additional conditions, requirements, and
 1891  restrictions as the department deems necessary to preserve and
 1892  protect the quality of the receiving waters;
 1893         5.4. Be valid for the period of time specified therein; and
 1894         6.5. Constitute the state National Pollutant Discharge
 1895  Elimination System permit when issued pursuant to the authority
 1896  in s. 403.0885.
 1897         (3) No later than March 1 of each year, the department
 1898  shall submit a report to the Governor, the President of the
 1899  Senate, and the Speaker of the House of Representatives which
 1900  identifies all domestic wastewater treatment facilities that
 1901  experienced a sanitary sewer overflow in the preceding calendar
 1902  year. The report must identify the name of the utility or
 1903  responsible operating entity, permitted capacity in annual
 1904  average gallons per day, number of overflows, type of water
 1905  discharged, total volume of sewage released, and, to the extent
 1906  known and available, volume of sewage recovered, volume of
 1907  sewage discharged to surface waters, and cause of the sanitary
 1908  sewer overflow, including whether the overflow was caused by a
 1909  third party. The department shall include with this report the
 1910  annual report specified under subparagraph (2)(c)3. for each
 1911  utility that experienced an overflow.
 1912         Section 20. Subsection (6) of section 403.0891, Florida
 1913  Statutes, is amended to read:
 1914         403.0891 State, regional, and local stormwater management
 1915  plans and programs.—The department, the water management
 1916  districts, and local governments shall have the responsibility
 1917  for the development of mutually compatible stormwater management
 1918  programs.
 1919         (6) The department and the Department of Economic
 1920  Opportunity, in cooperation with local governments in the
 1921  coastal zone, shall develop a model stormwater management
 1922  program that could be adopted by local governments. The model
 1923  program must contain model ordinances that target nutrient
 1924  reduction practices and use green infrastructure. The model
 1925  program shall contain dedicated funding options, including a
 1926  stormwater utility fee system based upon an equitable unit cost
 1927  approach. Funding options shall be designed to generate capital
 1928  to retrofit existing stormwater management systems, build new
 1929  treatment systems, operate facilities, and maintain and service
 1930  debt.
 1931         Section 21. Paragraphs (b) and (g) of subsection (2),
 1932  paragraph (b) of subsection (3), and subsections (8) and (9) of
 1933  section 403.121, Florida Statutes, are amended to read:
 1934         403.121 Enforcement; procedure; remedies.—The department
 1935  shall have the following judicial and administrative remedies
 1936  available to it for violations of this chapter, as specified in
 1937  s. 403.161(1).
 1938         (2) Administrative remedies:
 1939         (b) If the department has reason to believe a violation has
 1940  occurred, it may institute an administrative proceeding to order
 1941  the prevention, abatement, or control of the conditions creating
 1942  the violation or other appropriate corrective action. Except for
 1943  violations involving hazardous wastes, asbestos, or underground
 1944  injection, the department shall proceed administratively in all
 1945  cases in which the department seeks administrative penalties
 1946  that do not exceed $50,000 $10,000 per assessment as calculated
 1947  in accordance with subsections (3), (4), (5), (6), and (7).
 1948  Pursuant to 42 U.S.C. s. 300g-2, the administrative penalty
 1949  assessed pursuant to subsection (3), subsection (4), or
 1950  subsection (5) against a public water system serving a
 1951  population of more than 10,000 may not shall be not less than
 1952  $1,000 per day per violation. The department may shall not
 1953  impose administrative penalties in excess of $50,000 $10,000 in
 1954  a notice of violation. The department may shall not have more
 1955  than one notice of violation seeking administrative penalties
 1956  pending against the same party at the same time unless the
 1957  violations occurred at a different site or the violations were
 1958  discovered by the department subsequent to the filing of a
 1959  previous notice of violation.
 1960         (g) This subsection does not prevent Nothing herein shall
 1961  be construed as preventing any other legal or administrative
 1962  action in accordance with law and does not. Nothing in this
 1963  subsection shall limit the department’s authority provided in s.
 1964  ss. 403.131, s. 403.141, and this section to judicially pursue
 1965  injunctive relief. When the department exercises its authority
 1966  to judicially pursue injunctive relief, penalties in any amount
 1967  up to the statutory maximum sought by the department must be
 1968  pursued as part of the state court action and not by initiating
 1969  a separate administrative proceeding. The department retains the
 1970  authority to judicially pursue penalties in excess of $50,000
 1971  $10,000 for violations not specifically included in the
 1972  administrative penalty schedule, or for multiple or multiday
 1973  violations alleged to exceed a total of $50,000 $10,000. The
 1974  department also retains the authority provided in ss. 403.131,
 1975  403.141, and this section to judicially pursue injunctive relief
 1976  and damages, if a notice of violation seeking the imposition of
 1977  administrative penalties has not been issued. The department has
 1978  the authority to enter into a settlement, either before or after
 1979  initiating a notice of violation, and the settlement may include
 1980  a penalty amount different from the administrative penalty
 1981  schedule. Any case filed in state court because it is alleged to
 1982  exceed a total of $50,000 $10,000 in penalties may be settled in
 1983  the court action for less than $50,000 $10,000.
 1984         (3) Except for violations involving hazardous wastes,
 1985  asbestos, or underground injection, administrative penalties
 1986  must be calculated according to the following schedule:
 1987         (b) For failure to obtain a required wastewater permit,
 1988  other than a permit required for surface water discharge, the
 1989  department shall assess a penalty of $2,000 $1,000. For a
 1990  domestic or industrial wastewater violation not involving a
 1991  surface water or groundwater quality violation, the department
 1992  shall assess a penalty of $4,000 $2,000 for an unpermitted or
 1993  unauthorized discharge or effluent-limitation exceedance or for
 1994  failure to comply with s. 403.061(14) or s. 403.086(7) or rules
 1995  adopted thereunder. For an unpermitted or unauthorized discharge
 1996  or effluent-limitation exceedance that resulted in a surface
 1997  water or groundwater quality violation, the department shall
 1998  assess a penalty of $10,000 $5,000.
 1999         (8) The direct economic benefit gained by the violator from
 2000  the violation, where consideration of economic benefit is
 2001  provided by Florida law or required by federal law as part of a
 2002  federally delegated or approved program, must shall be added to
 2003  the scheduled administrative penalty. The total administrative
 2004  penalty, including any economic benefit added to the scheduled
 2005  administrative penalty, may shall not exceed $10,000.
 2006         (9) The administrative penalties assessed for any
 2007  particular violation may shall not exceed $10,000 $5,000 against
 2008  any one violator, unless the violator has a history of
 2009  noncompliance, the economic benefit of the violation as
 2010  described in subsection (8) exceeds $10,000 $5,000, or there are
 2011  multiday violations. The total administrative penalties may
 2012  shall not exceed $50,000 $10,000 per assessment for all
 2013  violations attributable to a specific person in the notice of
 2014  violation.
 2015  
 2016  ================= T I T L E  A M E N D M E N T ================
 2017  And the title is amended as follows:
 2018         Delete lines 17 - 247
 2019  and insert:
 2020         leave upon the transfer; amending s. 373.036, F.S.;
 2021         directing water management districts to submit
 2022         consolidated annual reports to the Office of Economic
 2023         and Demographic Research; requiring such reports to
 2024         include connection and conversion projects for onsite
 2025         sewage treatment and disposal systems; requiring the
 2026         Department of Environmental Protection, in
 2027         coordination with the water management districts, to
 2028         conduct a study on the bottled water industry in this
 2029         state; providing requirements for the study; requiring
 2030         the department to submit a report containing the
 2031         findings of the study to the Governor and the
 2032         Legislature by a specified date; defining terms;
 2033         amending s. 373.4131, F.S.; requiring the Department
 2034         of Environmental Protection to include stormwater
 2035         structural control inspections as part of its regular
 2036         staff training; requiring the department and the water
 2037         management districts to adopt rules regarding
 2038         stormwater design and operation regulations by a
 2039         specified date and address specified information as
 2040         part of such rule development; requiring the
 2041         department to review and evaluate data relating to
 2042         self-certification and provide the Legislature with
 2043         recommendations for improvements; amending s.
 2044         381.0065, F.S.; requiring the department to implement
 2045         an approval process for the use of specified nutrient
 2046         reducing onsite sewage treatment and disposal systems
 2047         by a specified date; defining the term “department”
 2048         for the regulation of onsite sewage treatment and
 2049         disposal systems; revising the duties of the
 2050         department; requiring the Department of Environmental
 2051         Protection to adopt rules relating to the location of
 2052         onsite sewage treatment and disposal systems and
 2053         complete such rulemaking by a specified date;
 2054         providing requirements for such rules; requiring the
 2055         department to determine that a hardship exists for
 2056         certain variance applicants; providing that certain
 2057         provisions relating to existing setback requirements
 2058         are applicable to permits only until the effective
 2059         date of certain rules adopted by the department;
 2060         removing provisions requiring certain onsite sewage
 2061         treatment and disposal system research projects to be
 2062         approved by a Department of Health technical review
 2063         and advisory panel; removing provisions prohibiting
 2064         the award of research projects to certain entities;
 2065         removing provisions establishing a Department of
 2066         Health onsite sewage treatment and disposal system
 2067         research review and advisory committee; conforming
 2068         provisions to changes made by the act; creating s.
 2069         381.00652, F.S.; defining the term “department”;
 2070         creating the onsite sewage treatment and disposal
 2071         systems technical advisory committee within the
 2072         Department of Environmental Protection; authorizing
 2073         the department, in consultation with the Department of
 2074         Health, to appoint an onsite sewage treatment and
 2075         disposal systems technical advisory committee;
 2076         providing for committee purpose, membership, and
 2077         expiration; requiring the committee to submit its
 2078         recommendations to the Governor and Legislature;
 2079         providing for the expiration of the committee;
 2080         repealing s. 381.0068, F.S., relating to the
 2081         Department of Health onsite sewage treatment and
 2082         disposal systems technical review and advisory panel;
 2083         amending s. 403.061, F.S.; requiring the department to
 2084         adopt rules relating to domestic wastewater collection
 2085         and transmission system pipe leakages and inflow and
 2086         infiltration; requiring the department to adopt rules
 2087         to require public utilities or their affiliated
 2088         companies holding, applying for, or renewing a
 2089         domestic wastewater discharge permit to file certain
 2090         annual reports and data with the department; creating
 2091         s. 403.0616, F.S.; requiring the department, subject
 2092         to legislative appropriation, to establish a real-time
 2093         water quality monitoring program; encouraging the
 2094         formation of public-private partnerships; amending s.
 2095         403.064, F.S.; requiring the Department of
 2096         Environmental Protection to initiate rule revisions
 2097         based on certain potable reuse recommendations by a
 2098         specified date; providing requirements for such rules;
 2099         providing that reclaimed water is deemed a water
 2100         source for public water supply systems; amending s.
 2101         403.067, F.S.; requiring basin management action plans
 2102         for nutrient total maximum daily loads to include
 2103         wastewater treatment and onsite sewage treatment and
 2104         disposal system remediation plans that meet certain
 2105         requirements; requiring the Department of Agriculture
 2106         and Consumer Services to collect fertilizer
 2107         application records from certain agricultural
 2108         producers and provide the information to the
 2109         department annually by a specified date; requiring the
 2110         Department of Agriculture and Consumer Services to
 2111         perform onsite inspections of the agricultural
 2112         producers at specified intervals; providing for
 2113         prioritization of such inspections; requiring certain
 2114         basin management action plans to include cooperative
 2115         agricultural regional water quality improvement
 2116         elements; requiring the Department of Agriculture and
 2117         Consumer Services, in cooperation with specified
 2118         entities, to annually develop research plans and
 2119         legislative budget requests relating to best
 2120         management practices by a specified date; requiring
 2121         such entities to submit such plans to the Department
 2122         of Environmental Protection and the Department of
 2123         Agriculture and Consumer Services by a specific date;
 2124         requiring the Department of Environmental Protection
 2125         to work with specified entities to consider the
 2126         adoption of best management practices for nutrient
 2127         impacts from golf courses; creating s. 403.0671, F.S.;
 2128         directing the Department of Environmental Protection,
 2129         in coordination with specified entities, to submit
 2130         reports regarding wastewater projects identified in
 2131         the basin management action plans to the Governor and
 2132         the Legislature and to submit certain wastewater
 2133         project cost estimates to the Office of Economic and
 2134         Demographic Research by specified dates; creating s.
 2135         403.0673, F.S.; establishing a wastewater grant
 2136         program within the Department of Environmental
 2137         Protection; authorizing the department to distribute
 2138         appropriated funds for certain projects; providing
 2139         requirements for the distribution; requiring the
 2140         department to coordinate with each water management
 2141         district to identify grant recipients; requiring an
 2142         annual report to the Governor and Legislature by a
 2143         specified date; creating s. 403.0855, F.S.; providing
 2144         legislative findings regarding the regulation of
 2145         biosolids management in this state; requiring the
 2146         department to adopt rules for biosolids management;
 2147         providing that such rules are not effective until
 2148         ratified by the Legislature; providing permitting
 2149         requirements for biosolids land application sites and
 2150         facilities; requiring biosolids application sites and
 2151         facilities to be enrolled in a specified best
 2152         management practices program or be within a specified
 2153         agricultural operation; providing requirements for the
 2154         land application of biosolids; providing a definition;
 2155         authorizing the enforcement or extension of certain
 2156         local government regulations relating to the land
 2157         application of biosolids until such regulations are
 2158         repealed; amending s. 403.086, F.S.; prohibiting
 2159         sewage disposal facilities from disposing waste into
 2160         the Indian River Lagoon beginning on a specified date
 2161         without certain advanced waste treatment; directing
 2162         the Department of Environmental Protection, in
 2163         consultation with specified entities, to submit a
 2164         report to the Governor and the Legislature by a
 2165         specified date; requiring sewage disposal facilities
 2166         to have a power outage contingency plan, to take steps
 2167         to prevent overflows and leaks and ensure that the
 2168         wastewater reaches the facility for appropriate
 2169         treatment, and to provide the Department of
 2170         Environmental Protection with certain information;
 2171         requiring the department to adopt rules; limiting the
 2172         scope of such rules; authorizing utilities and
 2173         operating entities to consolidate certain reports;
 2174         providing that specified compliance is evidence in
 2175         mitigation for assessment of certain penalties;
 2176         amending s. 403.087, F.S.; requiring the department to
 2177         issue operation permits for certain domestic
 2178         wastewater treatment facilities under certain
 2179         circumstances; amending s. 403.088, F.S.; revising the
 2180         permit conditions for a water pollution operation
 2181         permit; requiring permittees to submit annual reports
 2182         to the department; requiring the department to submit
 2183         an annual report identifying all domestic wastewater
 2184         treatment facilities that experienced sanitary sewer
 2185         overflows to the Governor and the Legislature by a
 2186         specified date; amending s. 403.0891, F.S.; requiring
 2187         model stormwater management programs to contain model
 2188         ordinances for nutrient reduction practices and green
 2189         infrastructure; amending s. 403.121, F.S.; revising
 2190         administrative penalties for violations of ch. 403,
 2191         F.S.; amending ss. 403.1835 and 403.1838, F.S.;
 2192         requiring the Department of Environmental Protection
 2193         to give funding priority to certain domestic
 2194         wastewater utility projects; amending s. 403.412,
 2195         F.S.; prohibiting local governments from recognizing
 2196         or granting certain legal rights to the natural
 2197         environment or granting such rights relating to the
 2198         natural environment to a person or political
 2199         subdivision; providing construction; providing a
 2200         declaration of important state interest; amending ss.
 2201         153.54, 153.73, 163.3180, 180.03, 311.105, 327.46,
 2202         373.250, 373.414, 373.705, 373.707, 373.709, 373.807,
 2203         376.307, 380.0552, 381.006, 381.0061, 381.0064,
 2204         381.00651, 381.0101, 403.08601, 403.0871, 403.0872,
 2205         403.707, 403.861, 489.551, and 590.02, F.S.;
 2206         conforming cross-references and provisions to changes
 2207         made by the act; providing a directive to the Division
 2208         of Law Revision upon the adoption of certain rules by
 2209         the Department of Environmental Protection; providing
 2210         effective dates.