Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. SB 1510
Ì732092!Î732092
LEGISLATIVE ACTION
Senate . House
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The Committee on Environment and Natural Resources (Massullo)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 309 - 1728
4 and insert:
5 identified as requiring remediation. For properties 10 acres or
6 less located outside the boundary of an established priority
7 focus area of an Outstanding Florida Spring but within the
8 boundary of a specific springs basin management action plan,
9 such remediation plans may require existing conventional onsite
10 sewage treatment and disposal systems to upgrade to a nutrient
11 reducing onsite sewage treatment and disposal system where
12 central sewerage is not available. Such remediation plan may
13 also require properties of any size located within the boundary
14 of an established priority focus area of an Outstanding Florida
15 Spring to upgrade existing conventional onsite sewage treatment
16 and disposal systems to a nutrient-reducing onsite sewage
17 treatment and disposal system where central sewerage is not
18 available.
19 Section 6. Section 373.811, Florida Statutes, is repealed.
20 Section 7. Paragraph (e) of subsection (5) of section
21 380.093, Florida Statutes, is amended to read:
22 380.093 Resilient Florida Grant Program; comprehensive
23 statewide flood vulnerability and sea level rise data set and
24 assessment; Statewide Flooding and Sea Level Rise Resilience
25 Plan; regional resilience entities.—
26 (5) STATEWIDE FLOODING AND SEA LEVEL RISE RESILIENCE PLAN.—
27 (e) Each project included in the plan must have a minimum
28 50 percent cost share unless the project assists or is within a
29 community eligible for a reduced cost share. For purposes of
30 this section, the term “community eligible for a reduced cost
31 share” means:
32 1. A municipality that has a population of less than 10,000
33 or fewer, according to the most recent April 1 population
34 estimates posted on the Office of Economic and Demographic
35 Research’s website, and a per capita annual income that is less
36 than the state’s per capita annual income as shown in the most
37 recent release from the Bureau of the Census of the United
38 States Department of Commerce that includes both measurements;
39 2. A county that has a population of less than 50,000 or
40 fewer, according to the most recent April 1 population estimates
41 posted on the Office of Economic and Demographic Research’s
42 website, and a per capita annual income that is less than the
43 state’s per capita annual income as shown in the most recent
44 release from the Bureau of the Census of the United States
45 Department of Commerce that includes both measurements; or
46 3. A municipality or county that has a per capita annual
47 income that is equal to or less than 75 percent of the state’s
48 per capita annual income as shown in the most recent release
49 from the Bureau of the Census of the United States Department of
50 Commerce; or
51 4. A municipality or county that is a rural community as
52 defined in s. 288.0656(2).
53 Section 8. Subsection (3) of section 380.502, Florida
54 Statutes, is amended to read:
55 380.502 Legislative findings and intent.—
56 (3) The Legislature further finds that the goals of land
57 conservation and community development are best served through
58 coordinated decisionmaking and streamlined oversight. It is
59 therefore the intent of the Legislature to transfer the
60 administration and oversight of the Florida Communities Trust
61 from the Department of Environmental Protection to the
62 Acquisition and Restoration Council to improve consistency and
63 effectiveness in conservation land acquisition and resource
64 stewardship It is the intent of the Legislature to establish a
65 nonregulatory agency that will assist local governments in
66 bringing local comprehensive plans into compliance and
67 implementing the goals, objectives, and policies of the
68 conservation, recreation and open space, and coastal elements of
69 local comprehensive plans, or in conserving natural resources
70 and resolving land use conflicts by:
71 (a) Responding promptly and creatively to opportunities to
72 correct undesirable development patterns, restore degraded
73 natural areas, enhance resource values, restore deteriorated or
74 deteriorating urban waterfronts, preserve working waterfronts,
75 reserve lands for later purchase, participate in and promote the
76 use of innovative land acquisition methods, and provide public
77 access to surface waters.
78 (b) Providing financial and technical assistance to local
79 governments, state agencies, and nonprofit organizations to
80 carry out projects and activities and to develop programs
81 authorized by this part.
82 (c) Involving local governments and private interests in
83 voluntarily resolving land use conflicts and issues.
84 Section 9. Section 380.504, Florida Statutes, is amended to
85 read:
86 380.504 Florida Communities Trust; creation; membership;
87 expenses.—
88 (1) There is created within the Department of Environmental
89 Protection a nonregulatory state agency and instrumentality,
90 which shall be a public body corporate and politic, known as the
91 “Florida Communities Trust,.” administered by the Acquisition
92 and Restoration Council The governing body of the trust shall
93 consist of:
94 (a) The Secretary of Environmental Protection; and
95 (b) Four public members whom the Governor shall appoint
96 subject to Senate confirmation.
97
98 The Governor shall appoint a former elected official of a county
99 government, a former elected official of a metropolitan
100 municipal government, a representative of a nonprofit
101 organization as defined in this part, and a representative of
102 the development industry. The Secretary of Environmental
103 Protection may appoint his or her deputy secretary, the director
104 of the Division of State Lands, or the director of the Division
105 of Recreation and Parks to serve in his or her absence. The
106 Secretary of Environmental Protection shall be the chair of the
107 governing body of the trust. The Governor shall make his or her
108 appointments upon the expiration of any current terms or within
109 60 days after the effective date of the resignation of any
110 member.
111 (2) The purpose of the trust is to assist local governments
112 in bringing into compliance and implementing the conservation,
113 recreation and open space, and coastal elements of their
114 comprehensive plans or in conserving natural resources and
115 resolving land use conflicts by providing financial assistance
116 to local governments and nonprofit environmental organizations
117 to carry out projects and activities authorized by this part Of
118 the initial governing body members, two of the Governor’s
119 appointees shall serve for a term of 2 years and the remaining
120 one shall serve for a term of 4 years from the date of
121 appointment. Thereafter, governing body members whom the
122 Governor appoints shall serve for terms of 4 years. The Governor
123 may fill any vacancy for an unexpired term.
124 (3) Governing body members shall receive no compensation
125 for their services, but shall be entitled to the necessary
126 expenses, including per diem and travel expenses, incurred in
127 the discharge of their duties pursuant to this part, as provided
128 by law.
129 Section 10. Subsections (6), (7), (9) through (12), and
130 (14) of section 380.507, Florida Statutes, are amended to read:
131 380.507 Powers of the trust.—The trust shall have all the
132 powers necessary or convenient to carry out the purposes and
133 provisions of this part, including:
134 (6) To award grants and make loans to local governments and
135 nonprofit organizations for the purposes listed in subsection
136 (2) and for acquiring fee title and less than fee title, such as
137 conservation easements or other interests in land, for the
138 purposes of this part.
139 (7) To provide by grant or loan up to the total cost of any
140 project approved according to this part, including the local
141 share of federally supported projects. The trust may require
142 local funding participation in projects. The trust shall
143 determine the funding it will provide by considering the total
144 amount of funding available for the project, the fiscal
145 resources of other project participants, the urgency of the
146 project relative to other eligible projects, and other factors
147 which the trust shall have prescribed by rule. The trust may
148 fund up to 100 percent of any local government land acquisition
149 costs, if part of an approved project.
150 (9) To review project recommendations and funding
151 priorities and provide acquisition decisions To invest any funds
152 held in reserves or sinking funds, or any funds not required for
153 immediate disbursement, in such investments as may be authorized
154 for trust funds under s. 215.47, and in any other authorized
155 investments, if such investments are made on behalf of the trust
156 by the State Board of Administration.
157 (10) To contract for and to accept donations gifts, grants,
158 loans, or other aid from the United States Government or any
159 person or corporation, including donations gifts of real
160 property or any interest in real property.
161 (11) To submit project recommendations, funding priorities,
162 and acquisition decisions to the Acquisition and Restoration
163 Council, which shall have final approval authority over trust
164 expenditures and acquisitions to make rules necessary to carry
165 out the purposes of this part and to exercise any power granted
166 in this part, pursuant to chapter 120. The trust shall adopt
167 rules governing the acquisition of lands with proceeds from the
168 Florida Forever Trust Fund, consistent with the intent expressed
169 in the Florida Forever Act. Such rules for land acquisition must
170 include, but are not limited to, procedures for appraisals and
171 confidentiality consistent with ss. 125.355(1)(a) and (b) and
172 166.045(1)(a) and (b), a method of determining a maximum
173 purchase price, and procedures to assure that the land is
174 acquired in a voluntarily negotiated transaction, surveyed,
175 conveyed with marketable title, and examined for hazardous
176 materials contamination. Land acquisition procedures of a local
177 land authority created pursuant to s. 380.0663 may be used for
178 the land acquisition programs described in former s.
179 259.101(3)(c), Florida Statutes 2014, and in s. 259.105 if
180 within areas of critical state concern designated pursuant to s.
181 380.05, subject to approval of the trust.
182 (12) To develop, in conjunction with the council, rules,
183 policies, and guidelines for the administration of the trust
184 consistent with this part and ss. 259.035 and 259.105 to
185 contract with private consultants and nonprofit organizations
186 for professional and technical assistance and advice.
187 (14) To conduct promotional campaigns, including
188 advertising, for the sale of communities trust license plates
189 authorized in s. 320.08058.
190 Section 11. Section 380.512, Florida Statutes, is repealed.
191 Section 12. Section 380.513, Florida Statutes, is repealed.
192 Section 13. Section 380.514, Florida Statutes, is repealed.
193 Section 14. Paragraph (n) of subsection (3), and
194 subsections (4) and (9) of section 381.0065, Florida Statutes,
195 are amended, and subsection (7) of that section is reenacted, to
196 read:
197 381.0065 Onsite sewage treatment and disposal systems;
198 regulation.—
199 (3) DUTIES AND POWERS OF THE DEPARTMENT OF ENVIRONMENTAL
200 PROTECTION.—The department shall:
201 (n) Regulate and permit maintenance entities for
202 performance-based treatment systems and aerobic treatment unit
203 systems. To ensure systems are maintained and operated according
204 to manufacturer’s specifications and designs, the department
205 shall establish by rule minimum qualifying criteria for
206 maintenance entities. The criteria shall include training,
207 access to approved spare parts and components, access to
208 manufacturer’s maintenance and operation manuals, and service
209 response time. The maintenance entity shall employ a contractor
210 licensed under s. 489.105(3)(m), or part III of chapter 489, or
211 a state-licensed wastewater plant operator, who is responsible
212 for maintenance and repair of all systems under contract. The
213 department may annually review and audit up to 25 percent of all
214 inspection and maintenance reports submitted by such maintenance
215 entities for performance-based treatment systems and aerobic
216 treatment unit systems. The department may adopt rules to
217 establish procedures for such audits.
218 (4) PERMITS; INSTALLATION; CONDITIONS.—A person may not
219 construct, repair, modify, abandon, or operate an onsite sewage
220 treatment and disposal system without first obtaining a permit
221 approved by the department. The department may issue permits to
222 carry out this section, except that the issuance of a permit for
223 work seaward of the coastal construction control line
224 established under s. 161.053 shall be contingent upon receipt of
225 any required coastal construction control line permit from the
226 department. A construction permit is valid for 18 months after
227 the date of issuance and may be extended by the department for
228 one 90-day period under rules adopted by the department. A
229 repair permit is valid for 90 days after the date of issuance.
230 When a person jointly applies for a construction permit and an
231 operating permit for the same onsite sewage treatment and
232 disposal system, the department shall concurrently process the
233 operating permit with the construction permit. An operating
234 permit must be obtained before the use of any aerobic treatment
235 unit or engineer-designed performance-based system, or if the
236 establishment generates commercial waste. Buildings or
237 establishments that use an aerobic treatment unit or generate
238 commercial waste shall be inspected by the department at least
239 annually to ensure assure compliance with the terms of the
240 operating permit. The operating permit for a commercial
241 wastewater system is valid for 1 year after the date of issuance
242 and must be renewed annually. The operating permit, where
243 required for a residential onsite sewage treatment and disposal
244 system, is valid for the lifetime of the installation; however,
245 any subsequent change in ownership of the property or any
246 modification of the wastewater system requires an operating
247 permit modification upon such change. When an onsite sewage
248 treatment and disposal system that requires an operating permit
249 is sold or transferred, the subsequent owner with a controlling
250 interest shall provide written notice and proof of ownership to
251 the department to amend the operating permit information within
252 60 days of such property sale or transfer commercial wastewater
253 system is valid for 1 year after the date of issuance and must
254 be renewed annually. The operating permit for an aerobic
255 treatment unit is valid for 2 years after the date of issuance
256 and must be renewed every 2 years. If all information pertaining
257 to the siting, location, and installation conditions or repair
258 of an onsite sewage treatment and disposal system remains the
259 same, a construction or repair permit for the onsite sewage
260 treatment and disposal system may be transferred to another
261 person, if the transferee files, within 60 days after the
262 transfer of ownership, an amended application providing all
263 corrected information and proof of ownership of the property. A
264 fee is not associated with the processing of this supplemental
265 information if only ownership information is updated to reflect
266 a permit transfer for a construction, repair, or an operating
267 permit. A person may not contract to construct, modify, alter,
268 repair, service, abandon, or maintain any portion of an onsite
269 sewage treatment and disposal system without being registered
270 under part III of chapter 489. A property owner who personally
271 performs construction, maintenance, or repairs to a system
272 serving his or her own owner-occupied single-family residence is
273 exempt from registration requirements for performing such
274 construction, maintenance, or repairs on that residence, but is
275 subject to all permitting requirements. A municipality or
276 political subdivision of the state may not issue a building or
277 plumbing permit for any building that requires the use of an
278 onsite sewage treatment and disposal system unless the owner or
279 builder has received a construction permit for such system from
280 the department. A building or structure may not be occupied and
281 a municipality, political subdivision, or any state or federal
282 agency may not authorize occupancy until the department approves
283 the final installation of the onsite sewage treatment and
284 disposal system. A municipality or political subdivision of the
285 state may not approve any change in occupancy or tenancy of a
286 building that uses an onsite sewage treatment and disposal
287 system until the department has reviewed the use of the system
288 with the proposed change, approved the change, and amended the
289 operating permit.
290 (a) Subdivisions and lots in which each lot has a minimum
291 area of at least one-half acre and either a minimum dimension of
292 100 feet or a mean of at least 100 feet of the side bordering
293 the street and the distance formed by a line parallel to the
294 side bordering the street drawn between the two most distant
295 points of the remainder of the lot may be developed with a water
296 system regulated under s. 381.0062 and onsite sewage treatment
297 and disposal systems, provided the projected daily sewage flow
298 does not exceed an average of 1,500 gallons per acre per day,
299 and provided satisfactory drinking water can be obtained and all
300 distance and setback, soil condition, water table elevation, and
301 other related requirements of this section and rules adopted
302 under this section can be met.
303 (b) Subdivisions and lots using a public water system as
304 defined in s. 403.852 may use onsite sewage treatment and
305 disposal systems, provided there are no more than four lots per
306 acre, provided the projected daily sewage flow does not exceed
307 an average of 2,500 gallons per acre per day, and provided that
308 all distance and setback, soil condition, water table elevation,
309 and other related requirements that are generally applicable to
310 the use of onsite sewage treatment and disposal systems are met.
311 (c) Notwithstanding paragraphs (a) and (b), for
312 subdivisions platted of record on or before October 1, 1991,
313 when a developer or other appropriate entity has previously made
314 or makes provisions, including financial assurances or other
315 commitments, acceptable to the department, that a central water
316 system will be installed by a regulated public utility based on
317 a density formula, private potable wells may be used with onsite
318 sewage treatment and disposal systems until the agreed-upon
319 densities are reached. In a subdivision regulated by this
320 paragraph, the average daily sewage flow may not exceed 2,500
321 gallons per acre per day. This section does not affect the
322 validity of existing prior agreements. After October 1, 1991,
323 the exception provided under this paragraph is not available to
324 a developer or other appropriate entity.
325 (d) Paragraphs (a) and (b) do not apply to any proposed
326 residential subdivision with more than 50 lots or to any
327 proposed commercial subdivision with more than 5 lots where a
328 publicly owned or investor-owned sewage treatment system is
329 available. This paragraph does not allow development of
330 additional proposed subdivisions in order to evade the
331 requirements of this paragraph.
332 (e) The department shall adopt rules relating to the
333 location of onsite sewage treatment and disposal systems,
334 including establishing setback distances, to prevent groundwater
335 contamination and surface water contamination and to preserve
336 the public health. The rules must consider conventional and
337 enhanced nutrient-reducing onsite sewage treatment and disposal
338 system designs, impaired or degraded water bodies, domestic
339 wastewater and drinking water infrastructure, potable water
340 sources, nonpotable wells, stormwater infrastructure, the onsite
341 sewage treatment and disposal system remediation plans developed
342 pursuant to s. 403.067(7)(a)9.b., nutrient pollution, and the
343 recommendations of the onsite sewage treatment and disposal
344 systems technical advisory committee established pursuant to
345 former s. 381.00652. The rules must also allow a person to apply
346 for and receive a variance from a rule requirement upon
347 demonstration that the requirement would cause an undue hardship
348 and granting the variance would not cause or contribute to the
349 exceedance of a total maximum daily load.
350 (f) Onsite sewage treatment and disposal systems that are
351 permitted before June 21, 2022, may not be placed closer than:
352 1. Seventy-five feet from a private potable well.
353 2. Two hundred feet from a public potable well serving a
354 residential or nonresidential establishment having a total
355 sewage flow of greater than 2,000 gallons per day.
356 3. One hundred feet from a public potable well serving a
357 residential or nonresidential establishment having a total
358 sewage flow of less than or equal to 2,000 gallons per day.
359 4. Fifty feet from any nonpotable well.
360 5. Ten feet from any storm sewer pipe, to the maximum
361 extent possible, but in no instance shall the setback be less
362 than 5 feet.
363 6. Seventy-five feet from the mean high-water line of a
364 tidally influenced surface water body.
365 7. Seventy-five feet from the mean annual flood line of a
366 permanent nontidal surface water body.
367 8. Fifteen feet from the design high-water line of
368 retention areas, detention areas, or swales designed to contain
369 standing or flowing water for less than 72 hours after a
370 rainfall or the design high-water level of normally dry drainage
371 ditches or normally dry individual lot stormwater retention
372 areas.
373 (g) This section and rules adopted under this section
374 relating to soil condition, water table elevation, distance, and
375 other setback requirements must be equally applied to all lots,
376 with the following exceptions:
377 1. Any residential lot that was platted and recorded on or
378 after January 1, 1972, or that is part of a residential
379 subdivision that was approved by the appropriate permitting
380 agency on or after January 1, 1972, and that was eligible for an
381 onsite sewage treatment and disposal system construction permit
382 on the date of such platting and recording or approval shall be
383 eligible for an onsite sewage treatment and disposal system
384 construction permit, regardless of when the application for a
385 permit is made. If rules in effect at the time the permit
386 application is filed cannot be met, residential lots platted and
387 recorded or approved on or after January 1, 1972, shall, to the
388 maximum extent possible, comply with the rules in effect at the
389 time the permit application is filed. At a minimum, however,
390 those residential lots platted and recorded or approved on or
391 after January 1, 1972, but before January 1, 1983, shall comply
392 with those rules in effect on January 1, 1983, and those
393 residential lots platted and recorded or approved on or after
394 January 1, 1983, shall comply with those rules in effect at the
395 time of such platting and recording or approval. In determining
396 the maximum extent of compliance with current rules that is
397 possible, the department shall allow structures and
398 appurtenances thereto which were authorized at the time such
399 lots were platted and recorded or approved.
400 2. Lots platted before 1972 are subject to a 50-foot
401 minimum surface water setback and are not subject to lot size
402 requirements. The projected daily flow for onsite sewage
403 treatment and disposal systems for lots platted before 1972 may
404 not exceed:
405 a. Two thousand five hundred gallons per acre per day for
406 lots served by public water systems as defined in s. 403.852.
407 b. One thousand five hundred gallons per acre per day for
408 lots served by water systems regulated under s. 381.0062.
409 (h)1. The department may grant variances in hardship cases
410 which may be less restrictive than the provisions specified in
411 this section. If a variance is granted and the onsite sewage
412 treatment and disposal system construction permit has been
413 issued, the variance may be transferred with the system
414 construction permit, if the transferee files, within 60 days
415 after the transfer of ownership, an amended construction permit
416 application providing all corrected information and proof of
417 ownership of the property and if the same variance would have
418 been required for the new owner of the property as was
419 originally granted to the original applicant for the variance. A
420 fee is not associated with the processing of this supplemental
421 information. A variance may not be granted under this section
422 until the department is satisfied that:
423 a. The hardship was not caused intentionally by the action
424 of the applicant;
425 b. A reasonable alternative, taking into consideration
426 factors such as cost, does not exist for the treatment of the
427 sewage; and
428 c. The discharge from the onsite sewage treatment and
429 disposal system will not adversely affect the health of the
430 applicant or the public or significantly degrade the groundwater
431 or surface waters.
432
433 Where soil conditions, water table elevation, and setback
434 provisions are determined by the department to be satisfactory,
435 special consideration must be given to those lots platted before
436 1972.
437 2. The department shall appoint and staff a variance review
438 and advisory committee, which shall meet monthly to recommend
439 agency action on variance requests. The committee shall make its
440 recommendations on variance requests at the meeting in which the
441 application is scheduled for consideration, except for an
442 extraordinary change in circumstances, the receipt of new
443 information that raises new issues, or when the applicant
444 requests an extension. The committee shall consider the criteria
445 in subparagraph 1. in its recommended agency action on variance
446 requests and shall also strive to allow property owners the full
447 use of their land where possible.
448 a. The committee is composed of the following:
449 (I) The Secretary of Environmental Protection or his or her
450 designee.
451 (II) A representative from the county health departments.
452 (III) A representative from the home building industry
453 recommended by the Florida Home Builders Association.
454 (IV) A representative from the septic tank industry
455 recommended by the Florida Onsite Wastewater Association.
456 (V) A representative from the Department of Health.
457 (VI) A representative from the real estate industry who is
458 also a developer in this state who develops lots using onsite
459 sewage treatment and disposal systems, recommended by the
460 Florida Association of Realtors.
461 (VII) A representative from the engineering profession
462 recommended by the Florida Engineering Society.
463 b. Members shall be appointed for a term of 3 years, with
464 such appointments being staggered so that the terms of no more
465 than two members expire in any one year. Members shall serve
466 without remuneration, but if requested, shall be reimbursed for
467 per diem and travel expenses as provided in s. 112.061.
468 3. The variance review and advisory committee is not
469 responsible for reviewing water well permitting. However, the
470 committee shall consider all requirements of law related to
471 onsite sewage treatment and disposal systems when making
472 recommendations on variance requests for onsite sewage treatment
473 and disposal system permits.
474 (i) A construction permit may not be issued for an onsite
475 sewage treatment and disposal system in any area zoned or used
476 for industrial or manufacturing purposes, or its equivalent,
477 where a publicly owned or investor-owned sewage treatment system
478 is available, or where a likelihood exists that the system will
479 receive toxic, hazardous, or industrial waste. An existing
480 onsite sewage treatment and disposal system may be repaired if a
481 publicly owned or investor-owned sewage treatment system is not
482 available within 500 feet of the building sewer stub-out and if
483 system construction and operation standards can be met. This
484 paragraph does not require publicly owned or investor-owned
485 sewage treatment systems to accept anything other than domestic
486 wastewater.
487 1. A building located in an area zoned or used for
488 industrial or manufacturing purposes, or its equivalent, when
489 such building is served by an onsite sewage treatment and
490 disposal system, must not be occupied until the owner or tenant
491 has obtained written approval from the department. The
492 department may not grant approval when the proposed use of the
493 system is to dispose of toxic, hazardous, or industrial
494 wastewater or toxic or hazardous chemicals.
495 2. Each person who owns or operates a business or facility
496 in an area zoned or used for industrial or manufacturing
497 purposes, or its equivalent, or who owns or operates a business
498 that has the potential to generate toxic, hazardous, or
499 industrial wastewater or toxic or hazardous chemicals, and uses
500 an onsite sewage treatment and disposal system that is installed
501 on or after July 5, 1989, must obtain an annual system operating
502 permit from the department. A person who owns or operates a
503 business that uses an onsite sewage treatment and disposal
504 system that was installed and approved before July 5, 1989, does
505 not need to obtain a system operating permit. However, upon
506 change of ownership or tenancy, the new owner or operator must
507 notify the department of the change, and the new owner or
508 operator must obtain an annual system operating permit,
509 regardless of the date that the system was installed or
510 approved.
511 3. The department shall periodically review and evaluate
512 the continued use of onsite sewage treatment and disposal
513 systems in areas zoned or used for industrial or manufacturing
514 purposes, or its equivalent, and may require the collection and
515 analyses of samples from within and around such systems. If the
516 department finds that toxic or hazardous chemicals or toxic,
517 hazardous, or industrial wastewater have been or are being
518 disposed of through an onsite sewage treatment and disposal
519 system, the department shall initiate enforcement actions
520 against the owner or tenant to ensure adequate cleanup,
521 treatment, and disposal.
522 (j) An onsite sewage treatment and disposal system designed
523 by a professional engineer registered in the state and certified
524 by such engineer as complying with performance criteria adopted
525 by the department must be approved by the department subject to
526 the following:
527 1. The performance criteria applicable to engineer-designed
528 systems must be limited to those necessary to ensure that such
529 systems do not adversely affect the public health or
530 significantly degrade the groundwater or surface water. Such
531 performance criteria shall include consideration of the quality
532 of system effluent, the proposed total sewage flow per acre,
533 wastewater treatment capabilities of the natural or replaced
534 soil, water quality classification of the potential surface
535 water-receiving body, and the structural and maintenance
536 viability of the system for the treatment of domestic
537 wastewater. However, performance criteria shall address only the
538 performance of a system and not a system’s design.
539 2. A person electing to use an engineer-designed system
540 shall, upon completion of the system design, submit such design,
541 certified by a registered professional engineer, to the county
542 health department. The county health department may use an
543 outside consultant to review the engineer-designed system, with
544 the actual cost of such review to be borne by the applicant.
545 Within 5 working days after receiving an engineer-designed
546 system permit application, the county health department shall
547 request additional information if the application is not
548 complete. Within 15 working days after receiving a complete
549 application for an engineer-designed system, the county health
550 department shall issue the permit or, if it determines that the
551 system does not comply with the performance criteria, shall
552 notify the applicant of that determination and refer the
553 application to the department for a determination as to whether
554 the system should be approved, disapproved, or approved with
555 modification. The department engineer’s determination shall
556 prevail over the action of the county health department. The
557 applicant shall be notified in writing of the department’s
558 determination and of the applicant’s rights to pursue a variance
559 or seek review under the provisions of chapter 120.
560 3. The owner of an engineer-designed performance-based
561 system must maintain a current maintenance service agreement
562 with a maintenance entity permitted by the department. The
563 maintenance entity shall inspect each system at least twice each
564 year and shall submit an inspection report to the department
565 each time the system is inspected which states report quarterly
566 to the department on the number of systems inspected and
567 serviced. The reports may be submitted electronically.
568 4. The property owner of an owner-occupied, single-family
569 residence may be approved and permitted by the department as a
570 maintenance entity for his or her own performance-based
571 treatment system upon written certification from the system
572 manufacturer’s approved representative that the property owner
573 has received training on the proper installation and service of
574 the system. The maintenance service agreement must conspicuously
575 disclose that the property owner has the right to maintain his
576 or her own system and is exempt from contractor registration
577 requirements for performing construction, maintenance, or
578 repairs on the system but is subject to all permitting
579 requirements.
580 5. The property owner shall obtain a biennial system
581 operating permit from the department for each system. The
582 department may shall inspect the system at least annually, or on
583 such periodic basis as the fee collected permits, and may
584 collect system-effluent samples if appropriate to determine
585 compliance with the performance criteria. The fee for the
586 biennial operating permit must shall be collected beginning with
587 the second year of system operation.
588 6. If an engineer-designed system fails to properly
589 function or fails to meet performance standards, the system must
590 shall be re-engineered, if necessary, to bring the system into
591 compliance with the provisions of this section.
592 (k) An innovative system may be approved in conjunction
593 with an engineer-designed site-specific system that is certified
594 by the engineer to meet the performance-based criteria adopted
595 by the department.
596 (l) For the Florida Keys, the department shall adopt a
597 special rule for the construction, installation, modification,
598 operation, repair, maintenance, and performance of onsite sewage
599 treatment and disposal systems which considers the unique soil
600 conditions and water table elevations, densities, and setback
601 requirements. On lots where a setback distance of 75 feet from
602 surface waters, saltmarsh, and buttonwood association habitat
603 areas cannot be met, an injection well, approved and permitted
604 by the department, may be used for disposal of effluent from
605 onsite sewage treatment and disposal systems. The following
606 additional requirements apply to onsite sewage treatment and
607 disposal systems in Monroe County:
608 1. The county, each municipality, and those special
609 districts established for the purpose of the collection,
610 transmission, treatment, or disposal of sewage shall ensure, in
611 accordance with the specific schedules adopted by the
612 Administration Commission under s. 380.0552, the completion of
613 onsite sewage treatment and disposal system upgrades to meet the
614 requirements of this paragraph.
615 2. Onsite sewage treatment and disposal systems must cease
616 discharge by December 31, 2015, or must comply with department
617 rules and provide the level of treatment which, on a permitted
618 annual average basis, produces an effluent that contains no more
619 than the following concentrations:
620 a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
621 b. Suspended Solids of 10 mg/l.
622 c. Total Nitrogen, expressed as N, of 10 mg/l or a
623 reduction in nitrogen of at least 70 percent. A system that has
624 been tested and certified to reduce nitrogen concentrations by
625 at least 70 percent shall be deemed to be in compliance with
626 this standard.
627 d. Total Phosphorus, expressed as P, of 1 mg/l.
628
629 In addition, onsite sewage treatment and disposal systems
630 discharging to an injection well must provide basic disinfection
631 as defined by department rule.
632 3. In areas not scheduled to be served by a central
633 sewerage system, onsite sewage treatment and disposal systems
634 must, by December 31, 2015, comply with department rules and
635 provide the level of treatment described in subparagraph 2.
636 4. In areas scheduled to be served by a central sewerage
637 system by December 31, 2015, if the property owner has paid a
638 connection fee or assessment for connection to the central
639 sewerage system, the property owner may install a holding tank
640 with a high water alarm or an onsite sewage treatment and
641 disposal system that meets the following minimum standards:
642 a. The existing tanks must be pumped and inspected and
643 certified as being watertight and free of defects in accordance
644 with department rule; and
645 b. A sand-lined drainfield or injection well in accordance
646 with department rule must be installed.
647 5. Onsite sewage treatment and disposal systems must be
648 monitored for total nitrogen and total phosphorus concentrations
649 as required by department rule.
650 6. The department shall enforce proper installation,
651 operation, and maintenance of onsite sewage treatment and
652 disposal systems pursuant to this chapter, including ensuring
653 that the appropriate level of treatment described in
654 subparagraph 2. is met.
655 7. The authority of a local government, including a special
656 district, to mandate connection of an onsite sewage treatment
657 and disposal system is governed by s. 4, chapter 99-395, Laws of
658 Florida.
659 8. Notwithstanding any other law, an onsite sewage
660 treatment and disposal system installed after July 1, 2010, in
661 unincorporated Monroe County, excluding special wastewater
662 districts, that complies with the standards in subparagraph 2.
663 is not required to connect to a central sewerage system until
664 December 31, 2020.
665 (m) A product sold in the state for use in onsite sewage
666 treatment and disposal systems may not contain any substance in
667 concentrations or amounts that would interfere with or prevent
668 the successful operation of such system, or that would cause
669 discharges from such systems to violate applicable water quality
670 standards. The department shall publish criteria for products
671 known or expected to meet the conditions of this paragraph. If a
672 product does not meet such criteria, such product may be sold if
673 the manufacturer satisfactorily demonstrates to the department
674 that the conditions of this paragraph are met.
675 (n) Evaluations for determining the seasonal high-water
676 table elevations or the suitability of soils for the use of a
677 new onsite sewage treatment and disposal system shall be
678 performed by department personnel, professional engineers
679 registered in the state, or such other persons with expertise,
680 as defined by rule, in making such evaluations. Evaluations for
681 determining mean annual flood lines shall be performed by those
682 persons identified in paragraph (2)(l). The department shall
683 accept evaluations submitted by professional engineers and such
684 other persons as meet the expertise established by this section
685 or by rule unless the department has a reasonable scientific
686 basis for questioning the accuracy or completeness of the
687 evaluation.
688 (o) An application for an onsite sewage treatment and
689 disposal system permit shall be completed in full, signed by the
690 owner or the owner’s authorized representative, or by a
691 contractor licensed under chapter 489, and shall be accompanied
692 by all required exhibits and fees. Specific documentation of
693 property ownership is not required as a prerequisite to the
694 review of an application or the issuance of a permit. The
695 issuance of a permit does not constitute determination by the
696 department of property ownership.
697 (p) The department may not require any form of subdivision
698 analysis of property by an owner, developer, or subdivider
699 before submission of an application for an onsite sewage
700 treatment and disposal system.
701 (q) This section does not limit the power of a municipality
702 or county to enforce other laws for the protection of the public
703 health and safety.
704 (r) In the siting of onsite sewage treatment and disposal
705 systems, including drainfields, shoulders, and slopes, guttering
706 may not be required on single-family residential dwelling units
707 for systems located greater than 5 feet from the roof drip line
708 of the house. If guttering is used on residential dwelling
709 units, the downspouts shall be directed away from the
710 drainfield.
711 (s) Notwithstanding subparagraph (g)1., onsite sewage
712 treatment and disposal systems located in floodways of the
713 Suwannee and Aucilla Rivers must adhere to the following
714 requirements:
715 1. The absorption surface of the drainfield may not be
716 subject to flooding based on 10-year flood elevations. Provided,
717 however, for lots or parcels created by the subdivision of land
718 in accordance with applicable local government regulations
719 before January 17, 1990, if an applicant cannot construct a
720 drainfield system with the absorption surface of the drainfield
721 at an elevation equal to or above 10-year flood elevation, the
722 department shall issue a permit for an onsite sewage treatment
723 and disposal system within the 10-year floodplain of rivers,
724 streams, and other bodies of flowing water if all of the
725 following criteria are met:
726 a. The lot is at least one-half acre in size;
727 b. The bottom of the drainfield is at least 36 inches above
728 the 2-year flood elevation; and
729 c. The applicant installs a waterless, incinerating, or
730 organic waste composting toilet and a graywater system and
731 drainfield in accordance with department rules; an aerobic
732 treatment unit and drainfield in accordance with department
733 rules; a system that is capable of reducing effluent nitrate by
734 at least 50 percent in accordance with department rules; or a
735 system other than a system using alternative drainfield
736 materials in accordance with department rules. The United States
737 Department of Agriculture Soil Conservation Service soil maps,
738 State of Florida Water Management District data, and Federal
739 Emergency Management Agency Flood Insurance maps are resources
740 that shall be used to identify flood-prone areas.
741 2. The use of fill or mounding to elevate a drainfield
742 system out of the 10-year floodplain of rivers, streams, or
743 other bodies of flowing water may not be permitted if such a
744 system lies within a regulatory floodway of the Suwannee and
745 Aucilla Rivers. In cases where the 10-year flood elevation does
746 not coincide with the boundaries of the regulatory floodway, the
747 regulatory floodway will be considered for the purposes of this
748 subsection to extend at a minimum to the 10-year flood
749 elevation.
750 (t)1. The owner of an aerobic treatment unit system shall
751 maintain a current maintenance service agreement with an aerobic
752 treatment unit maintenance entity permitted by the department.
753 The maintenance entity shall inspect each aerobic treatment unit
754 system at least twice each year and shall submit an inspection
755 report to the department each time the system is inspected
756 stating report quarterly to the department on the number of
757 aerobic treatment unit systems inspected and serviced. The
758 reports may be submitted electronically.
759 2. The property owner of an owner-occupied, single-family
760 residence may be approved and permitted by the department as a
761 maintenance entity for his or her own aerobic treatment unit
762 system upon written certification from the system manufacturer’s
763 approved representative that the property owner has received
764 training on the proper installation and service of the system.
765 The maintenance entity service agreement must conspicuously
766 disclose that the property owner has the right to maintain his
767 or her own system and is exempt from contractor registration
768 requirements for performing construction, maintenance, or
769 repairs on the system but is subject to all permitting
770 requirements.
771 3. A septic tank contractor licensed under part III of
772 chapter 489, if approved by the manufacturer, may not be denied
773 access by the manufacturer to aerobic treatment unit system
774 training or spare parts for maintenance entities. After the
775 original warranty period, component parts for an aerobic
776 treatment unit system may be replaced with parts that meet
777 manufacturer’s specifications but are manufactured by others.
778 The maintenance entity shall maintain documentation of the
779 substitute part’s equivalency for 2 years and shall provide such
780 documentation to the department upon request.
781 4. The owner of an aerobic treatment unit system shall
782 obtain a system operating permit from the department and allow
783 the department to inspect during reasonable hours each aerobic
784 treatment unit system at least annually, and such inspection may
785 include collection and analysis of system-effluent samples for
786 performance criteria established by rule of the department.
787 (u) The department may require the submission of detailed
788 system construction plans that are prepared by a professional
789 engineer registered in this state. The department shall
790 establish by rule criteria for determining when such a
791 submission is required.
792 (v) Any permit issued and approved by the department for
793 the installation, modification, or repair of an onsite sewage
794 treatment and disposal system transfers shall transfer with the
795 title to the property in a real estate transaction. For any such
796 transfer of title to a property that has an onsite sewage
797 treatment and disposal system that has not been abandoned in
798 accordance with this section, or which is subject to a permit
799 for the installation, modification, repair, or operation of such
800 a system, the real estate transaction is subject to the
801 following requirements:
802 1. A title may not be encumbered at the time of transfer by
803 new permit requirements by a governmental entity for an onsite
804 sewage treatment and disposal system which differ from the
805 permitting requirements in effect at the time the system was
806 permitted, modified, or repaired.
807 2. An inspection of a system may not be mandated by a
808 governmental entity at the point of sale in a real estate
809 transaction.
810 3. At or before the time of such real estate transaction,
811 the following notifications must be provided to the persons
812 receiving ownership of the property:
813 a. A disclosure statement clearly identifying that the
814 property is subject to regulations for an onsite sewage
815 treatment and disposal system;
816 b. Information indicating the nature and location of any
817 existing onsite sewage treatment and disposal system components;
818 c. If applicable, a statement that the property is subject
819 to an onsite sewage treatment and disposal system operating
820 permit and that one or more of the persons receiving a
821 controlling interest in the property are required pursuant to
822 this subsection to provide written notice and proof of ownership
823 to update the operating permit information within 60 days of
824 such real estate transaction; and
825 d. A copy of any valid permit for the installation,
826 modification, repair, or operation of an onsite sewage treatment
827 and disposal system which will transfer pursuant to this
828 paragraph.
829
830 This paragraph does not affect a septic tank phase-out deferral
831 program implemented by a consolidated government as defined in
832 s. 9, Art. VIII of the State Constitution of 1885.
833 (w) A governmental entity, including a municipality,
834 county, or statutorily created commission, may not require an
835 engineer-designed performance-based treatment system, excluding
836 a passive engineer-designed performance-based treatment system,
837 before the completion of the Florida Onsite Sewage Nitrogen
838 Reduction Strategies Project. This paragraph does not apply to a
839 governmental entity, including a municipality, county, or
840 statutorily created commission, which adopted a local law,
841 ordinance, or regulation on or before January 31, 2012.
842 Notwithstanding this paragraph, an engineer-designed
843 performance-based treatment system may be used to meet the
844 requirements of the variance review and advisory committee
845 recommendations.
846 (x)1. An onsite sewage treatment and disposal system is not
847 considered abandoned if the system is disconnected from a
848 structure that was made unusable or destroyed following a
849 disaster and if the system was properly functioning at the time
850 of disconnection and was not adversely affected by the disaster.
851 The onsite sewage treatment and disposal system may be
852 reconnected to a rebuilt structure if:
853 a. The reconnection of the system is to the same type of
854 structure which contains the same number of bedrooms or fewer,
855 if the square footage of the structure is less than or equal to
856 110 percent of the original square footage of the structure that
857 existed before the disaster;
858 b. The system is not a sanitary nuisance; and
859 c. The system has not been altered without prior
860 authorization.
861 2. An onsite sewage treatment and disposal system that
862 serves a property that is foreclosed upon is not considered
863 abandoned.
864 (y) If an onsite sewage treatment and disposal system
865 permittee receives, relies upon, and undertakes construction of
866 a system based upon a validly issued construction permit under
867 rules applicable at the time of construction but a change to a
868 rule occurs within 5 years after the approval of the system for
869 construction but before the final approval of the system, the
870 rules applicable and in effect at the time of construction
871 approval apply at the time of final approval if fundamental site
872 conditions have not changed between the time of construction
873 approval and final approval.
874 (z) An existing-system inspection or evaluation and
875 assessment, or a modification, replacement, or upgrade of an
876 onsite sewage treatment and disposal system is not required for
877 a remodeling addition or modification to a single-family home if
878 a bedroom is not added. However, a remodeling addition or
879 modification to a single-family home may not cover any part of
880 the existing system or encroach upon a required setback or the
881 unobstructed area. To determine if a setback or the unobstructed
882 area is impacted, the local health department shall review and
883 verify a floor plan and site plan of the proposed remodeling
884 addition or modification to the home submitted by a remodeler
885 which shows the location of the system, including the distance
886 of the remodeling addition or modification to the home from the
887 onsite sewage treatment and disposal system. The local health
888 department may visit the site or otherwise determine the best
889 means of verifying the information submitted. A verification of
890 the location of a system is not an inspection or evaluation and
891 assessment of the system. The review and verification must be
892 completed within 7 business days after receipt by the local
893 health department of a floor plan and site plan. If the review
894 and verification is not completed within such time, the
895 remodeling addition or modification to the single-family home,
896 for the purposes of this paragraph, is approved.
897 (7) USE OF ENHANCED NUTRIENT-REDUCING ONSITE SEWAGE
898 TREATMENT AND DISPOSAL SYSTEMS.—To meet the requirements of a
899 total maximum daily load, the department shall implement a fast
900 track approval process of no longer than 6 months for the
901 determination of the use of American National Standards
902 Institute 245 systems approved by NSF International before July
903 1, 2020. The department shall also establish an enhanced
904 nutrient-reducing onsite sewage treatment and disposal system
905 approval program that will expeditiously evaluate and approve
906 such systems for use in this state to comply with ss.
907 403.067(7)(a)10. and 373.469(3)(d).
908 (9) CONTRACT OR DELEGATION AUTHORITY.—The department may
909 contract with or delegate its powers and duties under this
910 section to a county as provided in s. 403.061 or s. 403.182.
911 Section 15. Paragraph (c) of subsection (6) and paragraph
912 (a) of subsection (7) of section 403.067, Florida Statutes, are
913 amended to read:
914 403.067 Establishment and implementation of total maximum
915 daily loads.—
916 (6) CALCULATION AND ALLOCATION.—
917 (c) Adoption of rules. The total maximum daily load
918 calculations and allocations established under this subsection
919 for each water body or water body segment shall be adopted by
920 rule by the secretary pursuant to ss. 120.536(1), 120.54, and
921 403.805. Where additional data collection and analysis are
922 needed to increase the scientific precision and accuracy of the
923 total maximum daily load, the department is authorized to adopt
924 phased total maximum daily loads that are subject to change as
925 additional data becomes available. Where phased total maximum
926 daily loads are proposed, the department shall, in the detailed
927 statement of facts and circumstances justifying the rule,
928 explain why the data are inadequate so as to justify a phased
929 total maximum daily load. The rules adopted pursuant to this
930 paragraph are not subject to approval by the Environmental
931 Regulation Commission and are not subject to the provisions of
932 s. 120.541(3). As part of the rule development process, the
933 department shall hold at least one public workshop in the
934 vicinity of the water body or water body segment for which the
935 total maximum daily load is being developed. Notice of the
936 public workshop shall be published not less than 5 days nor more
937 than 15 days before the public workshop in a newspaper of
938 general circulation in the county or counties containing the
939 water bodies or water body segments for which the total maximum
940 daily load calculation and allocation are being developed.
941 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
942 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
943 (a) Basin management action plans.—
944 1. In developing and implementing the total maximum daily
945 load for a waterbody, the department, or the department in
946 conjunction with a water management district, may develop a
947 basin management action plan that addresses some or all of the
948 watersheds and basins tributary to the waterbody. Such plan must
949 integrate the appropriate management strategies available to the
950 state through existing water quality protection programs to
951 achieve the total maximum daily loads and may provide for phased
952 implementation of these management strategies to promote timely,
953 cost-effective actions as provided for in s. 403.151. The plan
954 must establish a schedule implementing the management
955 strategies, establish a basis for evaluating the plan’s
956 effectiveness, and identify feasible funding strategies for
957 implementing the plan’s management strategies. The management
958 strategies may include regional treatment systems or other
959 public works, when appropriate, and voluntary trading of water
960 quality credits to achieve the needed pollutant load reductions.
961 2. A basin management action plan must equitably allocate,
962 pursuant to paragraph (6)(b), pollutant reductions to individual
963 basins, as a whole to all basins, or to each identified point
964 source or category of nonpoint sources, as appropriate. For
965 nonpoint sources for which best management practices have been
966 adopted, the initial requirement specified by the plan must be
967 those practices developed pursuant to paragraph (c). When
968 appropriate, the plan may take into account the benefits of
969 pollutant load reduction achieved by point or nonpoint sources
970 that have implemented management strategies to reduce pollutant
971 loads, including best management practices, before the
972 development of the basin management action plan. The plan must
973 also identify the mechanisms that will address potential future
974 increases in pollutant loading.
975 3. The basin management action planning process is intended
976 to involve the broadest possible range of interested parties,
977 with the objective of encouraging the greatest amount of
978 cooperation and consensus possible. In developing a basin
979 management action plan, the department shall assure that key
980 stakeholders, including, but not limited to, applicable local
981 governments, water management districts, the Department of
982 Agriculture and Consumer Services, other appropriate state
983 agencies, local soil and water conservation districts,
984 environmental groups, regulated interests, and affected
985 pollution sources, are invited to participate in the process.
986 The department shall hold at least one public meeting in the
987 vicinity of the watershed or basin to discuss and receive
988 comments during the planning process and shall otherwise
989 encourage public participation to the greatest practicable
990 extent. Notice of the public meeting must be published in a
991 newspaper of general circulation in each county in which the
992 watershed or basin lies at least 5 days, but not more than 15
993 days, before the public meeting. A basin management action plan
994 does not supplant or otherwise alter any assessment made under
995 subsection (3) or subsection (4) or any calculation or initial
996 allocation.
997 4. Each new or revised basin management action plan must
998 include all of the following:
999 a. The appropriate management strategies available through
1000 existing water quality protection programs to achieve total
1001 maximum daily loads, which may provide for phased implementation
1002 to promote timely, cost-effective actions as provided for in s.
1003 403.151.
1004 b. A description of best management practices adopted by
1005 rule.
1006 c. For the applicable 5-year implementation milestone, a
1007 list of projects that will achieve the pollutant load reductions
1008 needed to meet the total maximum daily load or the load
1009 allocations established pursuant to subsection (6). Each project
1010 must include a planning-level cost estimate and an estimated
1011 date of completion.
1012 d. A list of projects developed pursuant to paragraph (e),
1013 if applicable.
1014 e. The source and amount of financial assistance to be made
1015 available by the department, a water management district, or
1016 other entity for each listed project, if applicable.
1017 f. A planning-level estimate of each listed project’s
1018 expected load reduction, if applicable.
1019 5. The department shall adopt all or any part of a basin
1020 management action plan and any amendment to such plan by
1021 secretarial order pursuant to chapter 120 to implement this
1022 section. A basin management action plan and any amendment to
1023 such plan shall become effective 60 days after the date the
1024 secretarial order is filed.
1025 6. The basin management action plan must include 5-year
1026 milestones for implementation and water quality improvement, and
1027 an associated water quality monitoring component sufficient to
1028 evaluate whether reasonable progress in pollutant load
1029 reductions is being achieved over time. An assessment of
1030 progress toward these milestones shall be conducted every 5
1031 years, and revisions to the plan shall be made as appropriate.
1032 Any entity with a specific pollutant load reduction requirement
1033 established in a basin management action plan shall identify the
1034 projects or strategies that such entity will undertake to meet
1035 current 5-year pollution reduction milestones, beginning with
1036 the first 5-year milestone for new basin management action
1037 plans, and submit such projects to the department for inclusion
1038 in the appropriate basin management action plan. Each project
1039 identified must include an estimated amount of nutrient
1040 reduction that is reasonably expected to be achieved based on
1041 the best scientific information available. Revisions to the
1042 basin management action plan shall be made by the department in
1043 cooperation with basin stakeholders. Revisions to the management
1044 strategies required for nonpoint sources must follow the
1045 procedures in subparagraph (c)4. Revised basin management action
1046 plans must be adopted pursuant to subparagraph 5.
1047 7. In accordance with procedures adopted by rule under
1048 paragraph (9)(c), basin management action plans, and other
1049 pollution control programs under local, state, or federal
1050 authority as provided in subsection (4), may allow point or
1051 nonpoint sources that will achieve greater pollutant reductions
1052 than required by an adopted total maximum daily load or
1053 wasteload allocation to generate, register, and trade water
1054 quality credits for the excess reductions to enable other
1055 sources to achieve their allocation; however, the generation of
1056 water quality credits does not remove the obligation of a source
1057 or activity to meet applicable technology requirements or
1058 adopted best management practices. Such plans must allow trading
1059 between NPDES permittees, and trading that may or may not
1060 involve NPDES permittees, where the generation or use of the
1061 credits involve an entity or activity not subject to department
1062 water discharge permits whose owner voluntarily elects to obtain
1063 department authorization for the generation and sale of credits.
1064 8. The department’s rule relating to the equitable
1065 abatement of pollutants into surface waters do not apply to
1066 water bodies or waterbody segments for which a basin management
1067 plan that takes into account future new or expanded activities
1068 or discharges has been adopted under this section.
1069 9. In order to promote resilient wastewater utilities, if
1070 the department identifies domestic wastewater treatment
1071 facilities or onsite sewage treatment and disposal systems as
1072 contributors of at least 20 percent of point source or nonpoint
1073 source nutrient pollution or if the department determines
1074 remediation is necessary to achieve the total maximum daily
1075 load, a basin management action plan for a nutrient total
1076 maximum daily load must include the following:
1077 a. A domestic wastewater treatment plan developed by each
1078 local government, in cooperation with the department, the water
1079 management district, and the public and private domestic
1080 wastewater treatment facilities providing services or located
1081 within the jurisdiction of the local government, which addresses
1082 domestic wastewater. Private domestic wastewater facilities and
1083 special districts providing domestic wastewater services must
1084 provide the required wastewater facility information to the
1085 applicable local governments. The domestic wastewater treatment
1086 plan must:
1087 (I) Provide for construction, expansion, or upgrades
1088 necessary to achieve the total maximum daily load requirements
1089 applicable to the domestic wastewater treatment facility.
1090 (II) Include the permitted capacity in average annual
1091 gallons per day for the domestic wastewater treatment facility;
1092 the average nutrient concentration and the estimated average
1093 nutrient load of the domestic wastewater; a projected timeline
1094 of the dates by which the construction of any facility
1095 improvements will begin and be completed and the date by which
1096 operations of the improved facility will begin; the estimated
1097 cost of the improvements; and the identity of responsible
1098 parties.
1099
1100 The domestic wastewater treatment plan must be adopted as part
1101 of the basin management action plan no later than July 1, 2025.
1102 A local government that does not have a domestic wastewater
1103 treatment facility in its jurisdiction is not required to
1104 develop a domestic wastewater treatment plan unless there is a
1105 demonstrated need to establish a domestic wastewater treatment
1106 facility within its jurisdiction to improve water quality
1107 necessary to achieve a total maximum daily load. A local
1108 government is not responsible for a private domestic wastewater
1109 facility’s compliance with a basin management action plan unless
1110 such facility is operated through a public-private partnership
1111 to which the local government is a party.
1112 b. An onsite sewage treatment and disposal system
1113 remediation plan developed by each local government in
1114 cooperation with the department, the Department of Health, water
1115 management districts, and public and private domestic wastewater
1116 treatment facilities.
1117 (I) The onsite sewage treatment and disposal system
1118 remediation plan must identify cost-effective and financially
1119 feasible projects necessary to achieve the nutrient load
1120 reductions required for onsite sewage treatment and disposal
1121 systems. To identify cost-effective and financially feasible
1122 projects for remediation of onsite sewage treatment and disposal
1123 systems, the local government shall:
1124 (A) Include an inventory of onsite sewage treatment and
1125 disposal systems based on the best information available;
1126 (B) Identify onsite sewage treatment and disposal systems
1127 that would be eliminated through connection to existing or
1128 future central domestic wastewater infrastructure in the
1129 jurisdiction or domestic wastewater service area of the local
1130 government, that would be replaced with or upgraded to enhanced
1131 nutrient-reducing onsite sewage treatment and disposal systems,
1132 or that would remain on conventional onsite sewage treatment and
1133 disposal systems;
1134 (C) Estimate the costs of potential onsite sewage treatment
1135 and disposal system connections, upgrades, or replacements; and
1136 (D) Identify deadlines and interim milestones for the
1137 planning, design, and construction of projects.
1138 (II) The department shall adopt the onsite sewage treatment
1139 and disposal system remediation plan as part of the basin
1140 management action plan no later than July 1, 2025, or as
1141 required for Outstanding Florida Springs under s. 373.807.
1142 10. The following activities are prohibited within a basin
1143 management action plan adopted under this section, a reasonable
1144 assurance plan, or a pollution reduction plan:
1145 a. The installation of new onsite sewage treatment and
1146 disposal systems constructed within a basin management action
1147 plan area adopted under this section, a reasonable assurance
1148 plan, or a pollution reduction plan is prohibited where
1149 connection to a publicly owned or investor-owned sewerage system
1150 is available as defined in s. 381.0065(2)(a). On lots of 1 acre
1151 or less within a basin management action plan adopted under this
1152 section, a reasonable assurance plan, or a pollution reduction
1153 plan where a publicly owned or investor-owned sewerage system is
1154 not available, the installation of enhanced nutrient-reducing
1155 onsite sewage treatment and disposal systems, distributed
1156 wastewater treatment systems as defined in s. 403.814(13), or
1157 other wastewater treatment systems that achieve at least 65
1158 percent nitrogen reduction is required.
1159 b. The construction or installation of new domestic
1160 wastewater disposal facilities, including rapid infiltration
1161 basins, with permitted capacities of 100,000 or more gallons per
1162 day, except for those facilities that meet an advanced
1163 wastewater treatment standard of no more than 3 mg/l total
1164 nitrogen and 1 mg/l total phosphorus on an annual permitted
1165 basis, or a more stringent treatment standard if the department
1166 determines the more stringent standard is necessary to attain a
1167 total maximum daily load.
1168 c. The construction or installation of new facilities for
1169 the disposal of hazardous waste.
1170 11. When identifying wastewater projects in a basin
1171 management action plan, the department may not require the
1172 higher cost option if it achieves the same nutrient load
1173 reduction as a lower cost option. A regulated entity may choose
1174 a different cost option if it complies with the pollutant
1175 reduction requirements of an adopted total maximum daily load
1176 and meets or exceeds the pollution reduction requirement of the
1177 original project.
1178 12. Annually, local governments subject to a basin
1179 management action plan or located within the basin of a
1180 waterbody not attaining nutrient or nutrient-related standards
1181 must provide to the department an update on the status of
1182 construction of sanitary sewers to serve such areas, in a manner
1183 prescribed by the department.
1184 Section 16. Paragraph (e) of subsection (1) of section
1185 403.0671, Florida Statutes, is amended to read:
1186 403.0671 Basin management action plan wastewater reports.—
1187 (1) By July 1, 2021, the department, in coordination with
1188 the county health departments, wastewater treatment facilities,
1189 and other governmental entities, shall submit a report to the
1190 Governor, the President of the Senate, and the Speaker of the
1191 House of Representatives evaluating the costs of wastewater
1192 projects identified in the basin management action plans
1193 developed pursuant to ss. 373.807 and 403.067(7) and the onsite
1194 sewage treatment and disposal system remediation plans and other
1195 restoration plans developed to meet the total maximum daily
1196 loads required under s. 403.067. The report must include all of
1197 the following:
1198 (e) The projected costs of installing enhanced nutrient
1199 reducing onsite sewage treatment and disposal systems on
1200 buildable lots in priority focus areas to comply with s.
1201 373.811.
1202 Section 17. Subsection (11) of section 403.0872, Florida
1203 Statutes, is amended to read:
1204 403.0872 Operation permits for major sources of air
1205 pollution; annual operation license fee.—Provided that program
1206 approval pursuant to 42 U.S.C. s. 7661a has been received from
1207 the United States Environmental Protection Agency, beginning
1208 January 2, 1995, each major source of air pollution, including
1209 electrical power plants certified under s. 403.511, must obtain
1210 from the department an operation permit for a major source of
1211 air pollution under this section. This operation permit is the
1212 only department operation permit for a major source of air
1213 pollution required for such source; provided, at the applicant’s
1214 request, the department shall issue a separate acid rain permit
1215 for a major source of air pollution that is an affected source
1216 within the meaning of 42 U.S.C. s. 7651a(1). Operation permits
1217 for major sources of air pollution, except general permits
1218 issued pursuant to s. 403.814, must be issued in accordance with
1219 the procedures contained in this section and in accordance with
1220 chapter 120; however, to the extent that chapter 120 is
1221 inconsistent with this section, the procedures contained in this
1222 section prevail.
1223 (11) Each major source of air pollution permitted to
1224 operate in this state must pay by June 30 between January 15 and
1225 April 1 of each year, upon written notice from the department,
1226 an annual operation license fee in an amount determined by
1227 department rule. The annual operation license fee shall be
1228 terminated immediately in the event the United States
1229 Environmental Protection Agency imposes annual fees solely to
1230 implement and administer the major source air-operation permit
1231 program in Florida under 40 C.F.R. s. 70.10(d).
1232 (a) The annual fee must be assessed based upon the source’s
1233 previous year’s emissions and must be calculated by multiplying
1234 the applicable annual operation license fee factor times the
1235 tons of each regulated air pollutant actually emitted, as
1236 calculated in accordance with the department’s emissions
1237 computation and reporting rules. The annual fee shall only apply
1238 to those regulated pollutants, except carbon monoxide and
1239 greenhouse gases, for which an allowable numeric emission
1240 limiting standard is specified in the source’s most recent
1241 construction or operation permit; provided, however, that:
1242 1. The license fee factor is $25 or another amount
1243 determined by department rule which ensures that the revenue
1244 provided by each year’s operation license fees is sufficient to
1245 cover all reasonable direct and indirect costs of the major
1246 stationary source air-operation permit program established by
1247 this section. The license fee factor may be increased beyond $25
1248 only if the secretary of the department affirmatively finds that
1249 a shortage of revenue for support of the major stationary source
1250 air-operation permit program will occur in the absence of a fee
1251 factor adjustment. The annual license fee factor may never
1252 exceed $35.
1253 2. The amount of each regulated air pollutant in excess of
1254 4,000 tons per year emitted by any source, or group of sources
1255 belonging to the same Major Group as described in the Standard
1256 Industrial Classification Manual, 1987, may not be included in
1257 the calculation of the fee. Any source, or group of sources,
1258 which does not emit any regulated air pollutant in excess of
1259 4,000 tons per year, is allowed a one-time credit not to exceed
1260 25 percent of the first annual licensing fee for the prorated
1261 portion of existing air-operation permit application fees
1262 remaining upon commencement of the annual licensing fees.
1263 3. If the department has not received the fee by March 1 of
1264 the calendar year, the permittee must be sent a written warning
1265 of the consequences for failing to pay the fee by April 1. If
1266 the fee is not postmarked by June 30 April 1 of the calendar
1267 year, the department shall impose, in addition to the fee, a
1268 penalty of 50 percent of the amount of the fee, plus interest on
1269 such amount computed in accordance with s. 220.807. The
1270 department may not impose such penalty or interest on any amount
1271 underpaid, provided that the permittee has timely remitted
1272 payment of at least 90 percent of the amount determined to be
1273 due and remits full payment within 60 days after receipt of
1274 notice of the amount underpaid. The department may waive the
1275 collection of underpayment and may not be required to refund
1276 overpayment of the fee, if the amount due is less than 1 percent
1277 of the fee, up to $50. The department may revoke any major air
1278 pollution source operation permit if it finds that the
1279 permitholder has failed to timely pay any required annual
1280 operation license fee, penalty, or interest.
1281 4. Notwithstanding the computational provisions of this
1282 subsection, the annual operation license fee for any source
1283 subject to this section may not be less than $250, except that
1284 the annual operation license fee for sources permitted solely
1285 through general permits issued under s. 403.814 may not exceed
1286 $50 per year.
1287 5. Notwithstanding s. 403.087(7)(a)5.a., which authorizes
1288 air pollution construction permit fees, the department may not
1289 require such fees for changes or additions to a major source of
1290 air pollution permitted pursuant to this section, unless the
1291 activity triggers permitting requirements under Title I, Part C
1292 or Part D, of the federal Clean Air Act, 42 U.S.C. ss. 7470
1293 7514a. Costs to issue and administer such permits shall be
1294 considered direct and indirect costs of the major stationary
1295 source air-operation permit program under s. 403.0873. The
1296 department shall, however, require fees pursuant to s.
1297 403.087(7)(a)5.a. for the construction of a new major source of
1298 air pollution that will be subject to the permitting
1299 requirements of this section once constructed and for activities
1300 triggering permitting requirements under Title I, Part C or Part
1301 D, of the federal Clean Air Act, 42 U.S.C. ss. 7470-7514a.
1302 (b) Annual operation license fees collected by the
1303 department must be sufficient to cover all reasonable direct and
1304 indirect costs required to develop and administer the major
1305 stationary source air-operation permit program, which shall
1306 consist of the following elements to the extent that they are
1307 reasonably related to the regulation of major stationary air
1308 pollution sources, in accordance with United States
1309 Environmental Protection Agency regulations and guidelines:
1310 1. Reviewing and acting upon any application for such a
1311 permit.
1312 2. Implementing and enforcing the terms and conditions of
1313 any such permit, excluding court costs or other costs associated
1314 with any enforcement action.
1315 3. Emissions and ambient monitoring.
1316 4. Preparing generally applicable regulations or guidance.
1317 5. Modeling, analyses, and demonstrations.
1318 6. Preparing inventories and tracking emissions.
1319 7. Implementing the Small Business Stationary Source
1320 Technical and Environmental Compliance Assistance Program.
1321 8. Any audits conducted under paragraph (c).
1322 (c) An audit of the major stationary source air-operation
1323 permit program must be conducted 2 years after the United States
1324 Environmental Protection Agency has given full approval of the
1325 program to ascertain whether the annual operation license fees
1326 collected by the department are used solely to support any
1327 reasonable direct and indirect costs as listed in paragraph (b).
1328 A program audit must be performed biennially after the first
1329 audit.
1330 Section 18. Paragraphs (a) and (b) of subsection (3) of
1331 section 403.1838, Florida Statutes, are amended to read:
1332 403.1838 Small Community Sewer Construction Assistance
1333 Act.—
1334 (3)(a) In accordance with rules adopted by the department
1335 Environmental Regulation Commission under this section, the
1336 department may provide grants, from funds specifically
1337 appropriated for this purpose, to financially disadvantaged
1338 small communities for up to 100 percent of the costs of
1339 planning, designing, constructing, upgrading, or replacing
1340 wastewater collection, transmission, treatment, disposal, and
1341 reuse facilities, including necessary legal and administrative
1342 expenses.
1343 (b) The rules of the department Environmental Regulation
1344 Commission must:
1345 1. Require that projects to plan, design, construct,
1346 upgrade, or replace wastewater collection, transmission,
1347 treatment, disposal, and reuse facilities be cost-effective,
1348 environmentally sound, permittable, and implementable.
1349 2. Require appropriate user charges, connection fees, and
1350 other charges sufficient to ensure the long-term operation,
1351 maintenance, and replacement of the facilities constructed under
1352 each grant.
1353 3. Require grant applications to be submitted on
1354 appropriate forms with appropriate supporting documentation, and
1355 require records to be maintained.
1356 4. Establish a system to determine eligibility of grant
1357 applications.
1358 5. Establish a system to determine the relative priority of
1359 grant applications. The system must consider public health
1360 protection and water pollution prevention or abatement and must
1361 prioritize projects that plan for the installation of wastewater
1362 transmission facilities to be constructed concurrently with
1363 other construction projects occurring within or along a
1364 transportation facility right-of-way.
1365 6. Establish requirements for competitive procurement of
1366 engineering and construction services, materials, and equipment.
1367 7. Provide for termination of grants when program
1368 requirements are not met.
1369 Section 19. Section 403.804, Florida Statutes, is repealed.
1370
1371 ================= T I T L E A M E N D M E N T ================
1372 And the title is amended as follows:
1373 Delete lines 24 - 112
1374 and insert:
1375 amending s. 373.807, F.S.; authorizing remediation
1376 plans for certain properties to have certain
1377 requirements related to existing conventional onsite
1378 sewage treatment disposal systems; repealing s.
1379 373.811, F.S., relating to prohibited activities
1380 within a basin management action plan; amending s.
1381 380.093, F.S.; revising the definition of the term
1382 “community eligible for a reduced cost share”;
1383 providing for a type 2 transfer of powers and
1384 functions of the Florida Communities Trust from the
1385 department to the Acquisition and Restoration Council;
1386 amending s. 380.502, F.S.; revising legislative
1387 findings and intent for the Florida Communities Trust;
1388 providing for the transfer of the administration and
1389 oversight of the trust from the department to the
1390 Acquisition and Restoration Council for a specified
1391 purpose; amending s. 380.504, F.S.; deleting
1392 provisions relating to the membership, appointments,
1393 and organizational structure of the governing board of
1394 the trust; providing the purpose of the trust;
1395 amending s. 380.507, F.S.; deleting provisions
1396 authorizing the trust to make certain loans; revising
1397 the powers of the trust; repealing ss. 380.512,
1398 380.513, and 380.514, F.S., relating to an annual
1399 report, corporate existence, and inconsistent
1400 provisions of other laws superseded, respectively;
1401 reenacting and amending s. 381.0065, F.S.; authorizing
1402 the department to annually review and audit certain
1403 inspection and maintenance reports for certain
1404 systems; authorizing the department to adopt rules
1405 that establish certain procedures; requiring the
1406 department to concurrently process operating permits
1407 and construction permits under certain circumstances;
1408 requiring that an operating permit be obtained before
1409 the use of an engineer-designed performance-based
1410 system; providing a timeframe for the validity of
1411 certain operating permits; requiring an operating
1412 permit modification upon certain changes or
1413 modifications; providing requirements for subsequent
1414 property owners when a property with an onsite sewage
1415 treatment and disposal system that requires an
1416 operating permit is sold or transferred; requiring
1417 certain subsequent property owners to provide notice
1418 and proof of ownership to the department within a
1419 certain timeframe; providing an exception to certain
1420 fees under certain circumstances; requiring a
1421 maintenance entity permitted by the department to
1422 submit a report to the department on a specified
1423 basis; deleting a requirement for a property owner to
1424 obtain a certain permit from the department for
1425 certain onsite sewage treatment and disposal systems;
1426 revising the approval criteria for certain onsite
1427 sewage treatment and disposal systems; requiring an
1428 aerobic treatment unit maintenance entity to submit an
1429 inspection report to the department under certain
1430 circumstances; subjecting real estate transactions for
1431 the transfer of title to properties with a certain
1432 onsite sewage treatment and disposal system to certain
1433 requirements; deleting a requirement that the
1434 department contract with or delegate its powers and
1435 duties to a county only; amending s. 403.067, F.S.;
1436 conforming a provision to changes made by the act;
1437 providing a timeframe within which a basin management
1438 action plan or plan amendment becomes effective;
1439 prohibiting certain activities within a basin
1440 management action plan, a reasonable assurance plan,
1441 or a pollution reduction plan; making a technical
1442 change; amending s. 403.0671, F.S.; conforming a
1443 provision to changes made by the act; amending s.
1444 403.0872, F.S.; revising the date by which major
1445 permitted sources of air pollution operating in this
1446 state must pay an annual operation license fee;
1447 authorizing the department to impose penalties if it
1448 does not receive such fee by the specified date;
1449 deleting provisions relating to costs for
1450 administering air pollution construction permits;
1451 amending s. 403.1838, F.S.; conforming provisions to
1452 changes made by the act; repealing s. 403.804, F.S.,
1453 relating to the powers and duties of the Environmental
1454 Regulation Commission; amending ss. 120.81,