Florida Senate - 2019                             CS for SB 1022
       
       
        
       By the Committee on Environment and Natural Resources; and
       Senator Albritton
       
       
       
       
       592-03517-19                                          20191022c1
    1                        A bill to be entitled                      
    2         An act relating to onsite sewage treatment and
    3         disposal systems; transferring the Onsite Sewage
    4         Program within the Department of Health to the
    5         Department of Environmental Protection; requiring a
    6         memorandum of agreement between the Department of
    7         Health and the Department of Environmental Protection
    8         by a specified date; amending ss. 153.54, 153.73,
    9         163.3180, and 180.03, F.S.; conforming provisions to
   10         changes made by the act; amending s. 373.036, F.S.;
   11         requiring water management districts to submit
   12         consolidated annual reports to the Office of Economic
   13         and Demographic Research by a specified date;
   14         requiring such reports to include septic-to-sewer
   15         conversion and septic tank remediation projects;
   16         amending ss. 373.807, 381.006, 381.0061, and 381.0064,
   17         F.S.; conforming provisions and a cross-reference to
   18         changes made by the act; amending s. 381.0065, F.S.;
   19         conforming provisions to changes made by the act;
   20         removing provisions requiring certain onsite sewage
   21         treatment and disposal system research projects to be
   22         approved by a Department of Health technical review
   23         and advisory panel; removing provisions prohibiting
   24         the award of research projects to certain entities;
   25         removing provisions establishing a Department of
   26         Health onsite sewage treatment and disposal system
   27         research review and advisory committee; providing
   28         requirements for the department’s lot size
   29         calculation; authorizing the department to allow the
   30         use of National Sanitation Foundation
   31         International/American National Standards Institute
   32         245 systems; amending s. 381.00651, F.S.; requiring
   33         the county health departments to coordinate with the
   34         department to administer onsite sewage treatment and
   35         disposal system evaluation programs; conforming
   36         provisions to changes made by the act; creating s.
   37         381.00652, F.S.; requiring the Department of
   38         Environmental Protection to appoint an onsite sewage
   39         treatment and disposal systems technical advisory
   40         committee; providing for committee purpose,
   41         membership, and expiration; directing the department
   42         to initiate rulemaking by a specified date and to
   43         adopt specified rules; repealing s. 381.0068, F.S.,
   44         relating to the Department of Health onsite sewage
   45         treatment and disposal systems technical review and
   46         advisory panel; amending s. 381.0101, F.S.; conforming
   47         provisions to changes made by the act; amending s.
   48         403.067, F.S.; directing the department to submit
   49         certain water quality project cost estimates to the
   50         Office of Economic and Demographic Research; amending
   51         s. 489.551, F.S.; conforming provisions to changes
   52         made by the act; providing effective dates.
   53          
   54  Be It Enacted by the Legislature of the State of Florida:
   55  
   56         Section 1. All powers, duties, functions, records, offices,
   57  personnel, associated administrative support positions,
   58  property, pending issues, existing contracts, administrative
   59  authority, administrative rules, and unexpended balances of
   60  appropriations, allocations, and other funds for the regulation
   61  of onsite sewage treatment and disposal systems relating to the
   62  Onsite Sewage Program in the Department of Health are
   63  transferred by a type two transfer, as defined in s. 20.06(2),
   64  Florida Statutes, to the Department of Environmental Protection.
   65         Section 2. The Department of Health and the Department of
   66  Environmental Protection shall enter into a memorandum of
   67  agreement regarding the type 2 transfer of the Onsite Sewage
   68  Program before January 1, 2020. The agreement must address all
   69  aspects of the transfer identified in section 1 of this act and
   70  the respective administrative and regulatory roles of the county
   71  health departments and the Department of Environmental
   72  Protection after the July 1, 2020 type two transfer of
   73  authority.
   74         Section 3. Subsection (5) of section 153.54, Florida
   75  Statutes, is amended to read:
   76         153.54 Preliminary report by county commissioners with
   77  respect to creation of proposed district.—Upon receipt of a
   78  petition duly signed by not less than 25 qualified electors who
   79  are also freeholders residing within an area proposed to be
   80  incorporated into a water and sewer district pursuant to this
   81  law and describing in general terms the proposed boundaries of
   82  such proposed district, the board of county commissioners if it
   83  shall deem it necessary and advisable to create and establish
   84  such proposed district for the purpose of constructing,
   85  establishing or acquiring a water system or a sewer system or
   86  both in and for such district (herein called “improvements”),
   87  shall first cause a preliminary report to be made which such
   88  report together with any other relevant or pertinent matters,
   89  shall include at least the following:
   90         (5) For the construction of a new proposed sewerage system
   91  or the extension of an existing sewerage system that was not
   92  previously approved, the report shall include a study that
   93  includes the available information from the Department of
   94  Environmental Protection Health on the history of onsite sewage
   95  treatment and disposal systems currently in use in the area and
   96  a comparison of the projected costs to the owner of a typical
   97  lot or parcel of connecting to and using the proposed sewerage
   98  system versus installing, operating, and properly maintaining an
   99  onsite sewage treatment system that is approved by the
  100  Department of Environmental Protection Health and that provides
  101  for the comparable level of environmental and health protection
  102  as the proposed central sewerage system; consideration of the
  103  local authority’s obligations or reasonably anticipated
  104  obligations for water body cleanup and protection under state or
  105  federal programs, including requirements for water bodies listed
  106  under s. 303(d) of the Clean Water Act, Pub. L. No. 92-500, 33
  107  U.S.C. ss. 1251 et seq.; and other factors deemed relevant by
  108  the local authority.
  109  
  110  Such report shall be filed in the office of the clerk of the
  111  circuit court and shall be open for the inspection of any
  112  taxpayer, property owner, qualified elector or any other
  113  interested or affected person.
  114         Section 4. Paragraph (c) of subsection (2) of section
  115  153.73, Florida Statutes, is amended to read:
  116         153.73 Assessable improvements; levy and payment of special
  117  assessments.—Any district may provide for the construction or
  118  reconstruction of assessable improvements as defined in s.
  119  153.52, and for the levying of special assessments upon
  120  benefited property for the payment thereof, under the provisions
  121  of this section.
  122         (2)(c) For the construction of a new proposed sewerage
  123  system or the extension of an existing sewerage system that was
  124  not previously approved, the report shall include a study that
  125  includes the available information from the Department of
  126  Environmental Protection Health on the history of onsite sewage
  127  treatment and disposal systems currently in use in the area and
  128  a comparison of the projected costs to the owner of a typical
  129  lot or parcel of connecting to and using the proposed sewerage
  130  system versus installing, operating, and properly maintaining an
  131  onsite sewage treatment system that is approved by the
  132  Department of Environmental Protection Health and that provides
  133  for the comparable level of environmental and health protection
  134  as the proposed central sewerage system; consideration of the
  135  local authority’s obligations or reasonably anticipated
  136  obligations for water body cleanup and protection under state or
  137  federal programs, including requirements for water bodies listed
  138  under s. 303(d) of the Clean Water Act, Pub. L. No. 92-500, 33
  139  U.S.C. ss. 1251 et seq.; and other factors deemed relevant by
  140  the local authority.
  141         Section 5. Subsection (2) of section 163.3180, Florida
  142  Statutes, is amended to read:
  143         163.3180 Concurrency.—
  144         (2) Consistent with public health and safety, sanitary
  145  sewer, solid waste, drainage, adequate water supplies, and
  146  potable water facilities shall be in place and available to
  147  serve new development no later than the issuance by the local
  148  government of a certificate of occupancy or its functional
  149  equivalent. Prior to approval of a building permit or its
  150  functional equivalent, the local government shall consult with
  151  the applicable water supplier to determine whether adequate
  152  water supplies to serve the new development will be available no
  153  later than the anticipated date of issuance by the local
  154  government of a certificate of occupancy or its functional
  155  equivalent. A local government may meet the concurrency
  156  requirement for sanitary sewer through the use of onsite sewage
  157  treatment and disposal systems approved by the Department of
  158  Environmental Protection Health to serve new development.
  159         Section 6. Subsection (3) of section 180.03, Florida
  160  Statutes, is amended to read:
  161         180.03 Resolution or ordinance proposing construction or
  162  extension of utility; objections to same.—
  163         (3) For the construction of a new proposed sewerage system
  164  or the extension of an existing sewerage system that was not
  165  previously approved, the report shall include a study that
  166  includes the available information from the Department of
  167  Environmental Protection Health on the history of onsite sewage
  168  treatment and disposal systems currently in use in the area and
  169  a comparison of the projected costs to the owner of a typical
  170  lot or parcel of connecting to and using the proposed sewerage
  171  system versus installing, operating, and properly maintaining an
  172  onsite sewage treatment system that is approved by the
  173  Department of Environmental Protection Health and that provides
  174  for the comparable level of environmental and health protection
  175  as the proposed central sewerage system; consideration of the
  176  local authority’s obligations or reasonably anticipated
  177  obligations for water body cleanup and protection under state or
  178  federal programs, including requirements for water bodies listed
  179  under s. 303(d) of the Clean Water Act, Pub. L. No. 92-500, 33
  180  U.S.C. ss. 1251 et seq.; and other factors deemed relevant by
  181  the local authority. The results of such a study shall be
  182  included in the resolution or ordinance required under
  183  subsection (1).
  184         Section 7. Paragraphs (a) and (b) of subsection (7) of
  185  section 373.036, Florida Statutes, are amended to read:
  186         373.036 Florida water plan; district water management
  187  plans.—
  188         (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.—
  189         (a) By March 1, annually, each water management district
  190  shall prepare and submit to the Office of Economic and
  191  Demographic Research, the department, the Governor, the
  192  President of the Senate, and the Speaker of the House of
  193  Representatives a consolidated water management district annual
  194  report on the management of water resources. In addition, copies
  195  must be provided by the water management districts to the chairs
  196  of all legislative committees having substantive or fiscal
  197  jurisdiction over the districts and the governing board of each
  198  county in the district having jurisdiction or deriving any funds
  199  for operations of the district. Copies of the consolidated
  200  annual report must be made available to the public, either in
  201  printed or electronic format.
  202         (b) The consolidated annual report must shall contain the
  203  following elements, as appropriate to that water management
  204  district:
  205         1. A district water management plan annual report or the
  206  annual work plan report allowed in subparagraph (2)(e)4.
  207         2. The department-approved minimum flows and minimum water
  208  levels annual priority list and schedule required by s.
  209  373.042(3).
  210         3. The annual 5-year capital improvements plan required by
  211  s. 373.536(6)(a)3.
  212         4. The alternative water supplies annual report required by
  213  s. 373.707(8)(n).
  214         5. The final annual 5-year water resource development work
  215  program required by s. 373.536(6)(a)4.
  216         6. The Florida Forever Water Management District Work Plan
  217  annual report required by s. 373.199(7).
  218         7. The mitigation donation annual report required by s.
  219  373.414(1)(b)2.
  220         8. Information on all projects related to water quality or
  221  water quantity as part of a 5-year work program, including:
  222         a. A list of all specific projects identified to implement
  223  a basin management action plan, including any septic-to-sewer
  224  conversion and septic tank remediation projects, or a recovery
  225  or prevention strategy;
  226         b. A priority ranking for each listed project for which
  227  state funding through the water resources development work
  228  program is requested, which must be made available to the public
  229  for comment at least 30 days before submission of the
  230  consolidated annual report;
  231         c. The estimated cost for each listed project;
  232         d. The estimated completion date for each listed project;
  233         e. The source and amount of financial assistance to be made
  234  available by the department, a water management district, or
  235  other entity for each listed project; and
  236         f. A quantitative estimate of each listed project’s benefit
  237  to the watershed, water body, or water segment in which it is
  238  located.
  239         9. A grade for each watershed, water body, or water segment
  240  in which a project listed under subparagraph 8. is located
  241  representing the level of impairment and violations of adopted
  242  minimum flow or minimum water levels. The grading system must
  243  reflect the severity of the impairment of the watershed, water
  244  body, or water segment.
  245         Section 8. Subsection (3) of section 373.807, Florida
  246  Statutes, is amended to read:
  247         373.807 Protection of water quality in Outstanding Florida
  248  Springs.—By July 1, 2016, the department shall initiate
  249  assessment, pursuant to s. 403.067(3), of Outstanding Florida
  250  Springs or spring systems for which an impairment determination
  251  has not been made under the numeric nutrient standards in effect
  252  for spring vents. Assessments must be completed by July 1, 2018.
  253         (3) As part of a basin management action plan that includes
  254  an Outstanding Florida Spring, the department, the Department of
  255  Health, relevant local governments, and relevant local public
  256  and private wastewater utilities shall develop an onsite sewage
  257  treatment and disposal system remediation plan for a spring if
  258  the department determines onsite sewage treatment and disposal
  259  systems within a priority focus area contribute at least 20
  260  percent of nonpoint source nitrogen pollution or if the
  261  department determines remediation is necessary to achieve the
  262  total maximum daily load. The plan shall identify cost-effective
  263  and financially feasible projects necessary to reduce the
  264  nutrient impacts from onsite sewage treatment and disposal
  265  systems and shall be completed and adopted as part of the basin
  266  management action plan no later than the first 5-year milestone
  267  required by subparagraph (1)(b)8. The department is the lead
  268  agency in coordinating the preparation of and the adoption of
  269  the plan. The department shall:
  270         (a) Collect and evaluate credible scientific information on
  271  the effect of nutrients, particularly forms of nitrogen, on
  272  springs and springs systems; and
  273         (b) Develop a public education plan to provide area
  274  residents with reliable, understandable information about onsite
  275  sewage treatment and disposal systems and springs.
  276  
  277  In addition to the requirements in s. 403.067, the plan must
  278  shall include options for repair, upgrade, replacement,
  279  drainfield modification, addition of effective nitrogen reducing
  280  features, connection to a central sewerage system, or other
  281  action for an onsite sewage treatment and disposal system or
  282  group of systems within a priority focus area that contribute at
  283  least 20 percent of nonpoint source nitrogen pollution or if the
  284  department determines remediation is necessary to achieve a
  285  total maximum daily load. For these systems, the department
  286  shall include in the plan a priority ranking for each system or
  287  group of systems that requires remediation and shall award funds
  288  to implement the remediation projects contingent on an
  289  appropriation in the General Appropriations Act, which may
  290  include all or part of the costs necessary for repair, upgrade,
  291  replacement, drainfield modification, addition of effective
  292  nitrogen reducing features, initial connection to a central
  293  sewerage system, or other action. In awarding funds, the
  294  department may consider expected nutrient reduction benefit per
  295  unit cost, size and scope of project, relative local financial
  296  contribution to the project, and the financial impact on
  297  property owners and the community. The department may waive
  298  matching funding requirements for proposed projects within an
  299  area designated as a rural area of opportunity under s.
  300  288.0656.
  301         Section 9. Section 381.006, Florida Statutes, is amended to
  302  read:
  303         381.006 Environmental health.—The Department of Health
  304  shall conduct an environmental health program as part of
  305  fulfilling the state’s public health mission. The purpose of
  306  this program is to detect and prevent disease caused by natural
  307  and manmade factors in the environment. The environmental health
  308  program shall include, but not be limited to:
  309         (1) A drinking water function.
  310         (2) An environmental health surveillance function which
  311  shall collect, compile, and correlate information on public
  312  health and exposure to hazardous substances through sampling and
  313  testing of water, air, or foods. Environmental health
  314  surveillance shall include a comprehensive assessment of
  315  drinking water under the department’s supervision and an indoor
  316  air quality testing and monitoring program to assess health
  317  risks from exposure to chemical, physical, and biological agents
  318  in the indoor environment.
  319         (3) A toxicology and hazard assessment function which shall
  320  conduct toxicological and human health risk assessments of
  321  exposure to toxic agents, for the purposes of:
  322         (a) Supporting determinations by the State Health Officer
  323  of safe levels of contaminants in water, air, or food if
  324  applicable standards or criteria have not been adopted. These
  325  determinations shall include issuance of health advisories to
  326  protect the health and safety of the public at risk from
  327  exposure to toxic agents.
  328         (b) Provision of human toxicological health risk
  329  assessments to the public and other governmental agencies to
  330  characterize the risks to the public from exposure to
  331  contaminants in air, water, or food.
  332         (c) Consultation and technical assistance to the Department
  333  of Environmental Protection and other governmental agencies on
  334  actions necessary to ameliorate exposure to toxic agents,
  335  including the emergency provision by the Department of
  336  Environmental Protection of drinking water in cases of drinking
  337  water contamination that present an imminent and substantial
  338  threat to the public’s health, as required by s.
  339  376.30(3)(c)1.a.
  340         (d) Monitoring and reporting the body burden of toxic
  341  agents to estimate past exposure to these toxic agents, predict
  342  future health effects, and decrease the incidence of poisoning
  343  by identifying and eliminating exposure.
  344         (4) A sanitary nuisance function, as that term is defined
  345  in chapter 386.
  346         (5) A migrant labor function.
  347         (6) A public facilities function, including sanitary
  348  practices relating to state, county, municipal, and private
  349  institutions serving the public; jointly with the Department of
  350  Education, publicly and privately owned schools; all places used
  351  for the incarceration of prisoners and inmates of state
  352  institutions for the mentally ill; toilets and washrooms in all
  353  public places and places of employment; any other condition,
  354  place, or establishment necessary for the control of disease or
  355  the protection and safety of public health.
  356         (7) An onsite sewage treatment and disposal function.
  357         (8) A biohazardous waste control function.
  358         (8)(9) A function to control diseases transmitted from
  359  animals to humans, including the segregation, quarantine, and
  360  destruction of domestic pets and wild animals having or
  361  suspected of having such diseases.
  362         (9)(10) An environmental epidemiology function which shall
  363  investigate food-borne disease, waterborne disease, and other
  364  diseases of environmental causation, whether of chemical,
  365  radiological, or microbiological origin. A $10 surcharge for
  366  this function shall be assessed upon all persons permitted under
  367  chapter 500. This function shall include an educational program
  368  for physicians and health professionals designed to promote
  369  surveillance and reporting of environmental diseases, and to
  370  further the dissemination of knowledge about the relationship
  371  between toxic substances and human health which will be useful
  372  in the formulation of public policy and will be a source of
  373  information for the public.
  374         (10)(11) Mosquito and pest control functions as provided in
  375  chapters 388 and 482.
  376         (11)(12) A radiation control function as provided in
  377  chapter 404 and part IV of chapter 468.
  378         (12)(13) A public swimming and bathing facilities function
  379  as provided in chapter 514.
  380         (13)(14) A mobile home park, lodging park, recreational
  381  vehicle park, and recreational camp function as provided in
  382  chapter 513.
  383         (14)(15) A sanitary facilities function, which shall
  384  include minimum standards for the maintenance and sanitation of
  385  sanitary facilities; public access to sanitary facilities; and
  386  fixture ratios for special or temporary events and for homeless
  387  shelters.
  388         (15)(16) A group-care-facilities function. As used in this
  389  subsection, the term “group care facility” means any public or
  390  private school, assisted living facility, adult family-care
  391  home, adult day care center, short-term residential treatment
  392  center, residential treatment facility, home for special
  393  services, transitional living facility, crisis stabilization
  394  unit, hospice, prescribed pediatric extended care center,
  395  intermediate care facility for persons with developmental
  396  disabilities, or boarding school. The department may adopt rules
  397  necessary to protect the health and safety of residents, staff,
  398  and patrons of group care facilities. Rules related to public
  399  and private schools shall be developed by the Department of
  400  Education in consultation with the department. Rules adopted
  401  under this subsection may include definitions of terms;
  402  provisions relating to operation and maintenance of facilities,
  403  buildings, grounds, equipment, furnishings, and occupant-space
  404  requirements; lighting; heating, cooling, and ventilation; food
  405  service; water supply and plumbing; sewage; sanitary facilities;
  406  insect and rodent control; garbage; safety; personnel health,
  407  hygiene, and work practices; and other matters the department
  408  finds are appropriate or necessary to protect the safety and
  409  health of the residents, staff, students, faculty, or patrons.
  410  The department may not adopt rules that conflict with rules
  411  adopted by the licensing or certifying agency. The department
  412  may enter and inspect at reasonable hours to determine
  413  compliance with applicable statutes or rules. In addition to any
  414  sanctions that the department may impose for violations of rules
  415  adopted under this section, the department shall also report
  416  such violations to any agency responsible for licensing or
  417  certifying the group care facility. The licensing or certifying
  418  agency may also impose any sanction based solely on the findings
  419  of the department.
  420         (16)(17) A function for investigating elevated levels of
  421  lead in blood. Each participating county health department may
  422  expend funds for federally mandated certification or
  423  recertification fees related to conducting investigations of
  424  elevated levels of lead in blood.
  425         (17)(18) A food service inspection function for domestic
  426  violence centers that are certified by the Department of
  427  Children and Families and monitored by the Florida Coalition
  428  Against Domestic Violence under part XII of chapter 39 and group
  429  care homes as described in subsection (15) (16), which shall be
  430  conducted annually and be limited to the requirements in
  431  department rule applicable to community-based residential
  432  facilities with five or fewer residents.
  433  
  434  The department may adopt rules to carry out the provisions of
  435  this section.
  436         Section 10. Subsection (1) of section 381.0061, Florida
  437  Statutes, is amended to read:
  438         381.0061 Administrative fines.—
  439         (1) In addition to any administrative action authorized by
  440  chapter 120 or by other law, the department may impose a fine,
  441  which shall not exceed $500 for each violation, for a violation
  442  of s. 381.006(15) s. 381.006(16), s. 381.0065, s. 381.0066, s.
  443  381.0072, or part III of chapter 489, for a violation of any
  444  rule adopted under this chapter, or for a violation of any of
  445  the provisions of chapter 386. Notice of intent to impose such
  446  fine shall be given by the department to the alleged violator.
  447  Each day that a violation continues may constitute a separate
  448  violation.
  449         Section 11. Subsection (1) of section 381.0064, Florida
  450  Statutes, is amended to read:
  451         381.0064 Continuing education courses for persons
  452  installing or servicing septic tanks.—
  453         (1) The Department of Environmental Protection Health shall
  454  establish a program for continuing education which meets the
  455  purposes of ss. 381.0101 and 489.554 regarding the public health
  456  and environmental effects of onsite sewage treatment and
  457  disposal systems and any other matters the department determines
  458  desirable for the safe installation and use of onsite sewage
  459  treatment and disposal systems. The department may charge a fee
  460  to cover the cost of such program.
  461         Section 12. Present paragraphs (d) through (q) of
  462  subsection (2) of section 381.0065, Florida Statutes, are
  463  redesignated as paragraphs (e) through (r), respectively, and a
  464  new paragraph (d) is added to that subsection, subsections (3)
  465  and (4) are amended, and subsections (7) and (8) are added to
  466  that section, to read:
  467         381.0065 Onsite sewage treatment and disposal systems;
  468  regulation.—
  469         (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
  470  term:
  471         (d) “Department” means the Department of Environmental
  472  Protection.
  473         (3) DUTIES AND POWERS OF THE DEPARTMENT OF ENVIRONMENTAL
  474  PROTECTION HEALTH.—The department shall:
  475         (a) Adopt rules to administer ss. 381.0065-381.0067,
  476  including definitions that are consistent with the definitions
  477  in this section, decreases to setback requirements where no
  478  health hazard exists, increases for the lot-flow allowance for
  479  performance-based systems, requirements for separation from
  480  water table elevation during the wettest season, requirements
  481  for the design and construction of any component part of an
  482  onsite sewage treatment and disposal system, application and
  483  permit requirements for persons who maintain an onsite sewage
  484  treatment and disposal system, requirements for maintenance and
  485  service agreements for aerobic treatment units and performance
  486  based treatment systems, and recommended standards, including
  487  disclosure requirements, for voluntary system inspections to be
  488  performed by individuals who are authorized by law to perform
  489  such inspections and who shall inform a person having ownership,
  490  control, or use of an onsite sewage treatment and disposal
  491  system of the inspection standards and of that person’s
  492  authority to request an inspection based on all or part of the
  493  standards.
  494         (b) Perform application reviews and site evaluations, issue
  495  permits, and conduct inspections and complaint investigations
  496  associated with the construction, installation, maintenance,
  497  modification, abandonment, operation, use, or repair of an
  498  onsite sewage treatment and disposal system for a residence or
  499  establishment with an estimated domestic sewage flow of 10,000
  500  gallons or less per day, or an estimated commercial sewage flow
  501  of 5,000 gallons or less per day, which is not currently
  502  regulated under chapter 403.
  503         (c) Develop a comprehensive program to ensure that onsite
  504  sewage treatment and disposal systems regulated by the
  505  department are sized, designed, constructed, installed,
  506  repaired, modified, abandoned, used, operated, and maintained in
  507  compliance with this section and rules adopted under this
  508  section to prevent groundwater contamination and surface water
  509  contamination and to preserve the public health. The department
  510  is the final administrative interpretive authority regarding
  511  rule interpretation. In the event of a conflict regarding rule
  512  interpretation, the State Surgeon General, or his or her
  513  designee, shall timely assign a staff person to resolve the
  514  dispute.
  515         (d) Grant variances in hardship cases under the conditions
  516  prescribed in this section and rules adopted under this section.
  517         (e) Permit the use of a limited number of innovative
  518  systems for a specific period of time, when there is compelling
  519  evidence that the system will function properly and reliably to
  520  meet the requirements of this section and rules adopted under
  521  this section.
  522         (f) Issue annual operating permits under this section.
  523         (g) Establish and collect fees as established under s.
  524  381.0066 for services provided with respect to onsite sewage
  525  treatment and disposal systems.
  526         (h) Conduct enforcement activities, including imposing
  527  fines, issuing citations, suspensions, revocations, injunctions,
  528  and emergency orders for violations of this section, part I of
  529  chapter 386, or part III of chapter 489 or for a violation of
  530  any rule adopted under this section, part I of chapter 386, or
  531  part III of chapter 489.
  532         (i) Provide or conduct education and training of department
  533  personnel, service providers, and the public regarding onsite
  534  sewage treatment and disposal systems.
  535         (j) Supervise research on, demonstration of, and training
  536  on the performance, environmental impact, and public health
  537  impact of onsite sewage treatment and disposal systems within
  538  this state. Research fees collected under s. 381.0066(2)(k) must
  539  be used to develop and fund hands-on training centers designed
  540  to provide practical information about onsite sewage treatment
  541  and disposal systems to septic tank contractors, master septic
  542  tank contractors, contractors, inspectors, engineers, and the
  543  public and must also be used to fund research projects which
  544  focus on improvements of onsite sewage treatment and disposal
  545  systems, including use of performance-based standards and
  546  reduction of environmental impact. Research projects shall be
  547  initially approved by the technical review and advisory panel
  548  and shall be applicable to and reflect the soil conditions
  549  specific to Florida. Such projects shall be awarded through
  550  competitive negotiation, using the procedures provided in s.
  551  287.055, to public or private entities that have experience in
  552  onsite sewage treatment and disposal systems in Florida and that
  553  are principally located in Florida. Research projects shall not
  554  be awarded to firms or entities that employ or are associated
  555  with persons who serve on either the technical review and
  556  advisory panel or the research review and advisory committee.
  557         (k) Approve the installation of individual graywater
  558  disposal systems in which blackwater is treated by a central
  559  sewerage system.
  560         (l) Regulate and permit the sanitation, handling,
  561  treatment, storage, reuse, and disposal of byproducts from any
  562  system regulated under this chapter and not regulated by the
  563  Department of Environmental Protection.
  564         (m) Permit and inspect portable or temporary toilet
  565  services and holding tanks. The department shall review
  566  applications, perform site evaluations, and issue permits for
  567  the temporary use of holding tanks, privies, portable toilet
  568  services, or any other toilet facility that is intended for use
  569  on a permanent or nonpermanent basis, including facilities
  570  placed on construction sites when workers are present. The
  571  department may specify standards for the construction,
  572  maintenance, use, and operation of any such facility for
  573  temporary use.
  574         (n) Regulate and permit maintenance entities for
  575  performance-based treatment systems and aerobic treatment unit
  576  systems. To ensure systems are maintained and operated according
  577  to manufacturer’s specifications and designs, the department
  578  shall establish by rule minimum qualifying criteria for
  579  maintenance entities. The criteria shall include: training,
  580  access to approved spare parts and components, access to
  581  manufacturer’s maintenance and operation manuals, and service
  582  response time. The maintenance entity shall employ a contractor
  583  licensed under s. 489.105(3)(m), or part III of chapter 489, or
  584  a state-licensed wastewater plant operator, who is responsible
  585  for maintenance and repair of all systems under contract.
  586         (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
  587  construct, repair, modify, abandon, or operate an onsite sewage
  588  treatment and disposal system without first obtaining a permit
  589  approved by the department. The department may issue permits to
  590  carry out this section., but shall not make the issuance of such
  591  permits contingent upon prior approval by the department of
  592  Environmental Protection, except that The issuance of a permit
  593  for work seaward of the coastal construction control line
  594  established under s. 161.053 is shall be contingent upon receipt
  595  of any required coastal construction control line permit from
  596  the department of Environmental Protection. A construction
  597  permit is valid for 18 months from the issuance date and may be
  598  extended by the department for one 90-day period under rules
  599  adopted by the department. A repair permit is valid for 90 days
  600  from the date of issuance. An operating permit must be obtained
  601  before prior to the use of any aerobic treatment unit or if the
  602  establishment generates commercial waste. Buildings or
  603  establishments that use an aerobic treatment unit or generate
  604  commercial waste shall be inspected by the department at least
  605  annually to assure compliance with the terms of the operating
  606  permit. The operating permit for a commercial wastewater system
  607  is valid for 1 year from the date of issuance and must be
  608  renewed annually. The operating permit for an aerobic treatment
  609  unit is valid for 2 years from the date of issuance and must be
  610  renewed every 2 years. If all information pertaining to the
  611  siting, location, and installation conditions or repair of an
  612  onsite sewage treatment and disposal system remains the same, a
  613  construction or repair permit for the onsite sewage treatment
  614  and disposal system may be transferred to another person, if the
  615  transferee files, within 60 days after the transfer of
  616  ownership, an amended application providing all corrected
  617  information and proof of ownership of the property. A There is
  618  no fee is not associated with the processing of this
  619  supplemental information. A person may not contract to
  620  construct, modify, alter, repair, service, abandon, or maintain
  621  any portion of an onsite sewage treatment and disposal system
  622  without being registered under part III of chapter 489. A
  623  property owner who personally performs construction,
  624  maintenance, or repairs to a system serving his or her own
  625  owner-occupied single-family residence is exempt from
  626  registration requirements for performing such construction,
  627  maintenance, or repairs on that residence, but is subject to all
  628  permitting requirements. A municipality or political subdivision
  629  of the state may not issue a building or plumbing permit for any
  630  building that requires the use of an onsite sewage treatment and
  631  disposal system unless the owner or builder has received a
  632  construction permit for such system from the department. A
  633  building or structure may not be occupied and a municipality,
  634  political subdivision, or any state or federal agency may not
  635  authorize occupancy until the department approves the final
  636  installation of the onsite sewage treatment and disposal system.
  637  A municipality or political subdivision of the state may not
  638  approve any change in occupancy or tenancy of a building that
  639  uses an onsite sewage treatment and disposal system until the
  640  department has reviewed the use of the system with the proposed
  641  change, approved the change, and amended the operating permit.
  642         (a) Subdivisions and lots in which each lot has a minimum
  643  area of at least one-half acre and either a minimum dimension of
  644  100 feet or a mean of at least 100 feet of the side bordering
  645  the street and the distance formed by a line parallel to the
  646  side bordering the street drawn between the two most distant
  647  points of the remainder of the lot may be developed with a water
  648  system regulated under s. 381.0062 and onsite sewage treatment
  649  and disposal systems, provided the projected daily sewage flow
  650  does not exceed an average of 1,500 gallons per acre per day,
  651  and provided satisfactory drinking water can be obtained and all
  652  distance and setback, soil condition, water table elevation, and
  653  other related requirements of this section and rules adopted
  654  under this section can be met.
  655         (b) Subdivisions and lots using a public water system as
  656  defined in s. 403.852 may use onsite sewage treatment and
  657  disposal systems, provided there are no more than four lots per
  658  acre, provided the projected daily sewage flow does not exceed
  659  an average of 2,500 gallons per acre per day, and provided that
  660  all distance and setback, soil condition, water table elevation,
  661  and other related requirements that are generally applicable to
  662  the use of onsite sewage treatment and disposal systems are met.
  663         (c) Notwithstanding paragraphs (a) and (b), for
  664  subdivisions platted of record on or before October 1, 1991,
  665  when a developer or other appropriate entity has previously made
  666  or makes provisions, including financial assurances or other
  667  commitments, acceptable to the Department of Health, that a
  668  central water system will be installed by a regulated public
  669  utility based on a density formula, private potable wells may be
  670  used with onsite sewage treatment and disposal systems until the
  671  agreed-upon densities are reached. In a subdivision regulated by
  672  this paragraph, the average daily sewage flow may not exceed
  673  2,500 gallons per acre per day. This section does not affect the
  674  validity of existing prior agreements. After October 1, 1991,
  675  the exception provided under this paragraph is not available to
  676  a developer or other appropriate entity.
  677         (d) Paragraphs (a) and (b) do not apply to any proposed
  678  residential subdivision with more than 50 lots or to any
  679  proposed commercial subdivision with more than 5 lots where a
  680  publicly owned or investor-owned sewage treatment sewerage
  681  system is available. It is the intent of This paragraph does not
  682  to allow development of additional proposed subdivisions in
  683  order to evade the requirements of this paragraph.
  684         (e) Onsite sewage treatment and disposal systems must not
  685  be placed closer than:
  686         1. Seventy-five feet from a private potable well.
  687         2. Two hundred feet from a public potable well serving a
  688  residential or nonresidential establishment having a total
  689  sewage flow of greater than 2,000 gallons per day.
  690         3. One hundred feet from a public potable well serving a
  691  residential or nonresidential establishment having a total
  692  sewage flow of less than or equal to 2,000 gallons per day.
  693         4. Fifty feet from any nonpotable well.
  694         5. Ten feet from any storm sewer pipe, to the maximum
  695  extent possible, but in no instance shall the setback be less
  696  than 5 feet.
  697         6. Seventy-five feet from the mean high-water line of a
  698  tidally influenced surface water body.
  699         7. Seventy-five feet from the mean annual flood line of a
  700  permanent nontidal surface water body.
  701         8. Fifteen feet from the design high-water line of
  702  retention areas, detention areas, or swales designed to contain
  703  standing or flowing water for less than 72 hours after a
  704  rainfall or the design high-water level of normally dry drainage
  705  ditches or normally dry individual lot stormwater retention
  706  areas.
  707         (f) Except as provided under paragraphs (e) and (s) (t), no
  708  limitations may not shall be imposed by rule, relating to the
  709  distance between an onsite disposal system and any area that
  710  either permanently or temporarily has visible surface water.
  711         (g) All provisions of This section and rules adopted under
  712  this section relating to soil condition, water table elevation,
  713  distance, and other setback requirements must be equally applied
  714  to all lots, with the following exceptions:
  715         1. Any residential lot that was platted and recorded on or
  716  after January 1, 1972, or that is part of a residential
  717  subdivision that was approved by the appropriate permitting
  718  agency on or after January 1, 1972, and that was eligible for an
  719  onsite sewage treatment and disposal system construction permit
  720  on the date of such platting and recording or approval shall be
  721  eligible for an onsite sewage treatment and disposal system
  722  construction permit, regardless of when the application for a
  723  permit is made. If rules in effect at the time the permit
  724  application is filed cannot be met, residential lots platted and
  725  recorded or approved on or after January 1, 1972, shall, to the
  726  maximum extent possible, comply with the rules in effect at the
  727  time the permit application is filed. At a minimum, however,
  728  those residential lots platted and recorded or approved on or
  729  after January 1, 1972, but before January 1, 1983, shall comply
  730  with those rules in effect on January 1, 1983, and those
  731  residential lots platted and recorded or approved on or after
  732  January 1, 1983, shall comply with those rules in effect at the
  733  time of such platting and recording or approval. In determining
  734  the maximum extent of compliance with current rules that is
  735  possible, the department shall allow structures and
  736  appurtenances thereto which were authorized at the time such
  737  lots were platted and recorded or approved.
  738         2. Lots platted before 1972 are subject to a 50-foot
  739  minimum surface water setback and are not subject to lot size
  740  requirements. The projected daily flow for onsite sewage
  741  treatment and disposal systems for lots platted before 1972 may
  742  not exceed:
  743         a. Two thousand five hundred gallons per acre per day for
  744  lots served by public water systems as defined in s. 403.852.
  745         b. One thousand five hundred gallons per acre per day for
  746  lots served by water systems regulated under s. 381.0062.
  747         (h)1. The department may grant variances in hardship cases
  748  which may be less restrictive than the provisions specified in
  749  this section. If a variance is granted and the onsite sewage
  750  treatment and disposal system construction permit has been
  751  issued, the variance may be transferred with the system
  752  construction permit, if the transferee files, within 60 days
  753  after the transfer of ownership, an amended construction permit
  754  application providing all corrected information and proof of
  755  ownership of the property and if the same variance would have
  756  been required for the new owner of the property as was
  757  originally granted to the original applicant for the variance. A
  758  There is no fee is not associated with the processing of this
  759  supplemental information. A variance may not be granted under
  760  this section until the department is satisfied that:
  761         a. The hardship was not caused intentionally by the action
  762  of the applicant;
  763         b. A No reasonable alternative, taking into consideration
  764  factors such as cost, does not exist exists for the treatment of
  765  the sewage; and
  766         c. The discharge from the onsite sewage treatment and
  767  disposal system will not adversely affect the health of the
  768  applicant or the public or significantly degrade the groundwater
  769  or surface waters.
  770  
  771  Where soil conditions, water table elevation, and setback
  772  provisions are determined by the department to be satisfactory,
  773  special consideration must be given to those lots platted before
  774  1972.
  775         2. The department shall appoint and staff a variance review
  776  and advisory committee, which shall meet monthly to recommend
  777  agency action on variance requests. The committee shall make its
  778  recommendations on variance requests at the meeting in which the
  779  application is scheduled for consideration, except for an
  780  extraordinary change in circumstances, the receipt of new
  781  information that raises new issues, or when the applicant
  782  requests an extension. The committee shall consider the criteria
  783  in subparagraph 1. in its recommended agency action on variance
  784  requests and shall also strive to allow property owners the full
  785  use of their land where possible. The committee consists of the
  786  following:
  787         a. The Secretary of the department State Surgeon General or
  788  his or her designee.
  789         b. A representative from the county health departments.
  790         c. A representative from the home building industry
  791  recommended by the Florida Home Builders Association.
  792         d. A representative from the septic tank industry
  793  recommended by the Florida Onsite Wastewater Association.
  794         e. A representative from the Department of Health
  795  Environmental Protection.
  796         f. A representative from the real estate industry who is
  797  also a developer in this state who develops lots using onsite
  798  sewage treatment and disposal systems, recommended by the
  799  Florida Association of Realtors.
  800         g. A representative from the engineering profession
  801  recommended by the Florida Engineering Society.
  802  
  803  Members shall be appointed for a term of 3 years, with such
  804  appointments being staggered so that the terms of no more than
  805  two members expire in any one year. Members shall serve without
  806  remuneration, but if requested, shall be reimbursed for per diem
  807  and travel expenses as provided in s. 112.061.
  808         (i) A construction permit may not be issued for an onsite
  809  sewage treatment and disposal system in any area zoned or used
  810  for industrial or manufacturing purposes, or its equivalent,
  811  where a publicly owned or investor-owned sewage treatment system
  812  is available, or where a likelihood exists that the system will
  813  receive toxic, hazardous, or industrial waste. An existing
  814  onsite sewage treatment and disposal system may be repaired if a
  815  publicly owned or investor-owned sewage treatment sewerage
  816  system is not available within 500 feet of the building sewer
  817  stub-out and if system construction and operation standards can
  818  be met. This paragraph does not require publicly owned or
  819  investor-owned sewage sewerage treatment systems to accept
  820  anything other than domestic wastewater.
  821         1. A building located in an area zoned or used for
  822  industrial or manufacturing purposes, or its equivalent, when
  823  such building is served by an onsite sewage treatment and
  824  disposal system, must not be occupied until the owner or tenant
  825  has obtained written approval from the department. The
  826  department may shall not grant approval when the proposed use of
  827  the system is to dispose of toxic, hazardous, or industrial
  828  wastewater or toxic or hazardous chemicals.
  829         2. Each person who owns or operates a business or facility
  830  in an area zoned or used for industrial or manufacturing
  831  purposes, or its equivalent, or who owns or operates a business
  832  that has the potential to generate toxic, hazardous, or
  833  industrial wastewater or toxic or hazardous chemicals, and uses
  834  an onsite sewage treatment and disposal system that is installed
  835  on or after July 5, 1989, must obtain an annual system operating
  836  permit from the department. A person who owns or operates a
  837  business that uses an onsite sewage treatment and disposal
  838  system that was installed and approved before July 5, 1989, does
  839  not need to not obtain a system operating permit. However, upon
  840  change of ownership or tenancy, the new owner or operator must
  841  notify the department of the change, and the new owner or
  842  operator must obtain an annual system operating permit,
  843  regardless of the date that the system was installed or
  844  approved.
  845         3. The department shall periodically review and evaluate
  846  the continued use of onsite sewage treatment and disposal
  847  systems in areas zoned or used for industrial or manufacturing
  848  purposes, or its equivalent, and may require the collection and
  849  analyses of samples from within and around such systems. If the
  850  department finds that toxic or hazardous chemicals or toxic,
  851  hazardous, or industrial wastewater have been or are being
  852  disposed of through an onsite sewage treatment and disposal
  853  system, the department shall initiate enforcement actions
  854  against the owner or tenant to ensure adequate cleanup,
  855  treatment, and disposal.
  856         (j) An onsite sewage treatment and disposal system designed
  857  by a professional engineer registered in the state and certified
  858  by such engineer as complying with performance criteria adopted
  859  by the department must be approved by the department subject to
  860  the following:
  861         1. The performance criteria applicable to engineer-designed
  862  systems must be limited to those necessary to ensure that such
  863  systems do not adversely affect the public health or
  864  significantly degrade the groundwater or surface water. Such
  865  performance criteria shall include consideration of the quality
  866  of system effluent, the proposed total sewage flow per acre,
  867  wastewater treatment capabilities of the natural or replaced
  868  soil, water quality classification of the potential surface
  869  water-receiving body, and the structural and maintenance
  870  viability of the system for the treatment of domestic
  871  wastewater. However, performance criteria shall address only the
  872  performance of a system and not a system’s design.
  873         2. A person electing to use utilize an engineer-designed
  874  system shall, upon completion of the system design, submit such
  875  design, certified by a registered professional engineer, to the
  876  county health department. The county health department may use
  877  utilize an outside consultant to review the engineer-designed
  878  system, with the actual cost of such review to be borne by the
  879  applicant. Within 5 working days after receiving an engineer
  880  designed system permit application, the county health department
  881  shall request additional information if the application is not
  882  complete. Within 15 working days after receiving a complete
  883  application for an engineer-designed system, the county health
  884  department either shall issue the permit or, if it determines
  885  that the system does not comply with the performance criteria,
  886  shall notify the applicant of that determination and refer the
  887  application to the department for a determination as to whether
  888  the system should be approved, disapproved, or approved with
  889  modification. The department engineer’s determination shall
  890  prevail over the action of the county health department. The
  891  applicant shall be notified in writing of the department’s
  892  determination and of the applicant’s rights to pursue a variance
  893  or seek review under the provisions of chapter 120.
  894         3. The owner of an engineer-designed performance-based
  895  system must maintain a current maintenance service agreement
  896  with a maintenance entity permitted by the department. The
  897  maintenance entity shall inspect each system at least twice each
  898  year and shall report quarterly to the department on the number
  899  of systems inspected and serviced. The reports may be submitted
  900  electronically.
  901         4. The property owner of an owner-occupied, single-family
  902  residence may be approved and permitted by the department as a
  903  maintenance entity for his or her own performance-based
  904  treatment system upon written certification from the system
  905  manufacturer’s approved representative that the property owner
  906  has received training on the proper installation and service of
  907  the system. The maintenance service agreement must conspicuously
  908  disclose that the property owner has the right to maintain his
  909  or her own system and is exempt from contractor registration
  910  requirements for performing construction, maintenance, or
  911  repairs on the system but is subject to all permitting
  912  requirements.
  913         5. The property owner shall obtain a biennial system
  914  operating permit from the department for each system. The
  915  department shall inspect the system at least annually, or on
  916  such periodic basis as the fee collected permits, and may
  917  collect system-effluent samples if appropriate to determine
  918  compliance with the performance criteria. The fee for the
  919  biennial operating permit shall be collected beginning with the
  920  second year of system operation.
  921         6. If an engineer-designed system fails to properly
  922  function or fails to meet performance standards, the system
  923  shall be re-engineered, if necessary, to bring the system into
  924  compliance with the provisions of this section.
  925         (k) An innovative system may be approved in conjunction
  926  with an engineer-designed site-specific system that which is
  927  certified by the engineer to meet the performance-based criteria
  928  adopted by the department.
  929         (l) For the Florida Keys, the department shall adopt a
  930  special rule for the construction, installation, modification,
  931  operation, repair, maintenance, and performance of onsite sewage
  932  treatment and disposal systems which considers the unique soil
  933  conditions and water table elevations, densities, and setback
  934  requirements. On lots where a setback distance of 75 feet from
  935  surface waters, saltmarsh, and buttonwood association habitat
  936  areas cannot be met, an injection well, approved and permitted
  937  by the department, may be used for disposal of effluent from
  938  onsite sewage treatment and disposal systems. The following
  939  additional requirements apply to onsite sewage treatment and
  940  disposal systems in Monroe County:
  941         1. The county, each municipality, and those special
  942  districts established for the purpose of the collection,
  943  transmission, treatment, or disposal of sewage shall ensure, in
  944  accordance with the specific schedules adopted by the
  945  Administration Commission under s. 380.0552, the completion of
  946  onsite sewage treatment and disposal system upgrades to meet the
  947  requirements of this paragraph.
  948         2. Onsite sewage treatment and disposal systems must cease
  949  discharge by December 31, 2015, or must comply with department
  950  rules and provide the level of treatment which, on a permitted
  951  annual average basis, produces an effluent that contains no more
  952  than the following concentrations:
  953         a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
  954         b. Suspended Solids of 10 mg/l.
  955         c. Total Nitrogen, expressed as N, of 10 mg/l or a
  956  reduction in nitrogen of at least 70 percent. A system that has
  957  been tested and certified to reduce nitrogen concentrations by
  958  at least 70 percent shall be deemed to be in compliance with
  959  this standard.
  960         d. Total Phosphorus, expressed as P, of 1 mg/l.
  961  
  962  In addition, onsite sewage treatment and disposal systems
  963  discharging to an injection well must provide basic disinfection
  964  as defined by department rule.
  965         3. In areas not scheduled to be served by a central sewer,
  966  onsite sewage treatment and disposal systems must, by December
  967  31, 2015, comply with department rules and provide the level of
  968  treatment described in subparagraph 2.
  969         4. In areas scheduled to be served by a central sewerage
  970  system sewer by December 31, 2015, if the property owner has
  971  paid a connection fee or assessment for connection to the
  972  central sewerage sewer system, the property owner may install a
  973  holding tank with a high water alarm or an onsite sewage
  974  treatment and disposal system that meets the following minimum
  975  standards:
  976         a. The existing tanks must be pumped and inspected and
  977  certified as being watertight and free of defects in accordance
  978  with department rule; and
  979         b. A sand-lined drainfield or injection well in accordance
  980  with department rule must be installed.
  981         5. Onsite sewage treatment and disposal systems must be
  982  monitored for total nitrogen and total phosphorus concentrations
  983  as required by department rule.
  984         6. The department shall enforce proper installation,
  985  operation, and maintenance of onsite sewage treatment and
  986  disposal systems pursuant to this chapter, including ensuring
  987  that the appropriate level of treatment described in
  988  subparagraph 2. is met.
  989         7. The authority of a local government, including a special
  990  district, to mandate connection of an onsite sewage treatment
  991  and disposal system is governed by s. 4, chapter 99-395, Laws of
  992  Florida.
  993         8. Notwithstanding any other provision of law, an onsite
  994  sewage treatment and disposal system installed after July 1,
  995  2010, in unincorporated Monroe County, excluding special
  996  wastewater districts, that complies with the standards in
  997  subparagraph 2. is not required to connect to a central sewer
  998  system until December 31, 2020.
  999         (m) Any No product sold in the state for use in onsite
 1000  sewage treatment and disposal systems may not contain any
 1001  substance in concentrations or amounts that would interfere with
 1002  or prevent the successful operation of such system, or that
 1003  would cause discharges from such systems to violate applicable
 1004  water quality standards. The department shall publish criteria
 1005  for products known or expected to meet the conditions of this
 1006  paragraph. If In the event a product does not meet such
 1007  criteria, such product may be sold if the manufacturer
 1008  satisfactorily demonstrates to the department that the
 1009  conditions of this paragraph are met.
 1010         (n) Evaluations for determining the seasonal high-water
 1011  table elevations or the suitability of soils for the use of a
 1012  new onsite sewage treatment and disposal system shall be
 1013  performed by department personnel, professional engineers
 1014  registered in the state, or such other persons with expertise,
 1015  as defined by rule, in making such evaluations. Evaluations for
 1016  determining mean annual flood lines shall be performed by those
 1017  persons identified in paragraph (2)(k) (2)(j). The department
 1018  shall accept evaluations submitted by professional engineers and
 1019  such other persons as meet the expertise established by this
 1020  section or by rule unless the department has a reasonable
 1021  scientific basis for questioning the accuracy or completeness of
 1022  the evaluation.
 1023         (o) The department shall appoint a research review and
 1024  advisory committee, which shall meet at least semiannually. The
 1025  committee shall advise the department on directions for new
 1026  research, review and rank proposals for research contracts, and
 1027  review draft research reports and make comments. The committee
 1028  is comprised of:
 1029         1. A representative of the State Surgeon General, or his or
 1030  her designee.
 1031         2. A representative from the septic tank industry.
 1032         3. A representative from the home building industry.
 1033         4. A representative from an environmental interest group.
 1034         5. A representative from the State University System, from
 1035  a department knowledgeable about onsite sewage treatment and
 1036  disposal systems.
 1037         6. A professional engineer registered in this state who has
 1038  work experience in onsite sewage treatment and disposal systems.
 1039         7. A representative from local government who is
 1040  knowledgeable about domestic wastewater treatment.
 1041         8. A representative from the real estate profession.
 1042         9. A representative from the restaurant industry.
 1043         10. A consumer.
 1044  
 1045  Members shall be appointed for a term of 3 years, with the
 1046  appointments being staggered so that the terms of no more than
 1047  four members expire in any one year. Members shall serve without
 1048  remuneration, but are entitled to reimbursement for per diem and
 1049  travel expenses as provided in s. 112.061.
 1050         (o)(p) An application for an onsite sewage treatment and
 1051  disposal system permit shall be completed in full, signed by the
 1052  owner or the owner’s authorized representative, or by a
 1053  contractor licensed under chapter 489, and shall be accompanied
 1054  by all required exhibits and fees. No Specific documentation of
 1055  property ownership is not shall be required as a prerequisite to
 1056  the review of an application or the issuance of a permit. The
 1057  issuance of a permit does not constitute determination by the
 1058  department of property ownership.
 1059         (p)(q) The department may not require any form of
 1060  subdivision analysis of property by an owner, developer, or
 1061  subdivider before prior to submission of an application for an
 1062  onsite sewage treatment and disposal system.
 1063         (q)(r)Nothing in This section does not limit limits the
 1064  power of a municipality or county to enforce other laws for the
 1065  protection of the public health and safety.
 1066         (r)(s) In the siting of onsite sewage treatment and
 1067  disposal systems, including drainfields, shoulders, and slopes,
 1068  guttering may shall not be required on single-family residential
 1069  dwelling units for systems located greater than 5 feet from the
 1070  roof drip line of the house. If guttering is used on residential
 1071  dwelling units, the downspouts shall be directed away from the
 1072  drainfield.
 1073         (s)(t) Notwithstanding the provisions of subparagraph
 1074  (g)1., onsite sewage treatment and disposal systems located in
 1075  floodways of the Suwannee and Aucilla Rivers must adhere to the
 1076  following requirements:
 1077         1. The absorption surface of the drainfield may shall not
 1078  be subject to flooding based on 10-year flood elevations.
 1079  Provided, however, for lots or parcels created by the
 1080  subdivision of land in accordance with applicable local
 1081  government regulations before prior to January 17, 1990, if an
 1082  applicant cannot construct a drainfield system with the
 1083  absorption surface of the drainfield at an elevation equal to or
 1084  above 10-year flood elevation, the department shall issue a
 1085  permit for an onsite sewage treatment and disposal system within
 1086  the 10-year floodplain of rivers, streams, and other bodies of
 1087  flowing water if all of the following criteria are met:
 1088         a. The lot is at least one-half acre in size;
 1089         b. The bottom of the drainfield is at least 36 inches above
 1090  the 2-year flood elevation; and
 1091         c. The applicant installs either: a waterless,
 1092  incinerating, or organic waste composting toilet and a graywater
 1093  system and drainfield in accordance with department rules; an
 1094  aerobic treatment unit and drainfield in accordance with
 1095  department rules; a system approved by the State Health Office
 1096  that is capable of reducing effluent nitrate by at least 50
 1097  percent in accordance with department rules; or a system other
 1098  than a system using alternative drainfield materials in
 1099  accordance with department rules approved by the county health
 1100  department pursuant to department rule other than a system using
 1101  alternative drainfield materials. The United States Department
 1102  of Agriculture Soil Conservation Service soil maps, State of
 1103  Florida Water Management District data, and Federal Emergency
 1104  Management Agency Flood Insurance maps are resources that shall
 1105  be used to identify flood-prone areas.
 1106         2. The use of fill or mounding to elevate a drainfield
 1107  system out of the 10-year floodplain of rivers, streams, or
 1108  other bodies of flowing water may shall not be permitted if such
 1109  a system lies within a regulatory floodway of the Suwannee and
 1110  Aucilla Rivers. In cases where the 10-year flood elevation does
 1111  not coincide with the boundaries of the regulatory floodway, the
 1112  regulatory floodway will be considered for the purposes of this
 1113  subsection to extend at a minimum to the 10-year flood
 1114  elevation.
 1115         (t)1.(u)1. The owner of an aerobic treatment unit system
 1116  shall maintain a current maintenance service agreement with an
 1117  aerobic treatment unit maintenance entity permitted by the
 1118  department. The maintenance entity shall inspect each aerobic
 1119  treatment unit system at least twice each year and shall report
 1120  quarterly to the department on the number of aerobic treatment
 1121  unit systems inspected and serviced. The reports may be
 1122  submitted electronically.
 1123         2. The property owner of an owner-occupied, single-family
 1124  residence may be approved and permitted by the department as a
 1125  maintenance entity for his or her own aerobic treatment unit
 1126  system upon written certification from the system manufacturer’s
 1127  approved representative that the property owner has received
 1128  training on the proper installation and service of the system.
 1129  The maintenance entity service agreement must conspicuously
 1130  disclose that the property owner has the right to maintain his
 1131  or her own system and is exempt from contractor registration
 1132  requirements for performing construction, maintenance, or
 1133  repairs on the system but is subject to all permitting
 1134  requirements.
 1135         3. A septic tank contractor licensed under part III of
 1136  chapter 489, if approved by the manufacturer, may not be denied
 1137  access by the manufacturer to aerobic treatment unit system
 1138  training or spare parts for maintenance entities. After the
 1139  original warranty period, component parts for an aerobic
 1140  treatment unit system may be replaced with parts that meet
 1141  manufacturer’s specifications but are manufactured by others.
 1142  The maintenance entity shall maintain documentation of the
 1143  substitute part’s equivalency for 2 years and shall provide such
 1144  documentation to the department upon request.
 1145         4. The owner of an aerobic treatment unit system shall
 1146  obtain a system operating permit from the department and allow
 1147  the department to inspect during reasonable hours each aerobic
 1148  treatment unit system at least annually, and such inspection may
 1149  include collection and analysis of system-effluent samples for
 1150  performance criteria established by rule of the department.
 1151         (u)(v) The department may require the submission of
 1152  detailed system construction plans that are prepared by a
 1153  professional engineer registered in this state. The department
 1154  shall establish by rule criteria for determining when such a
 1155  submission is required.
 1156         (v)(w) Any permit issued and approved by the department for
 1157  the installation, modification, or repair of an onsite sewage
 1158  treatment and disposal system shall transfer with the title to
 1159  the property in a real estate transaction. A title may not be
 1160  encumbered at the time of transfer by new permit requirements by
 1161  a governmental entity for an onsite sewage treatment and
 1162  disposal system which differ from the permitting requirements in
 1163  effect at the time the system was permitted, modified, or
 1164  repaired. An inspection of a system may not be mandated by a
 1165  governmental entity at the point of sale in a real estate
 1166  transaction. This paragraph does not affect a septic tank phase
 1167  out deferral program implemented by a consolidated government as
 1168  defined in s. 9, Art. VIII of the State Constitution (1885).
 1169         (w)(x) A governmental entity, including a municipality,
 1170  county, or statutorily created commission, may not require an
 1171  engineer-designed performance-based treatment system, excluding
 1172  a passive engineer-designed performance-based treatment system,
 1173  before the completion of the Florida Onsite Sewage Nitrogen
 1174  Reduction Strategies Project. This paragraph does not apply to a
 1175  governmental entity, including a municipality, county, or
 1176  statutorily created commission, which adopted a local law,
 1177  ordinance, or regulation on or before January 31, 2012.
 1178  Notwithstanding this paragraph, an engineer-designed
 1179  performance-based treatment system may be used to meet the
 1180  requirements of the variance review and advisory committee
 1181  recommendations.
 1182         (x)1.(y)1. An onsite sewage treatment and disposal system
 1183  is not considered abandoned if the system is disconnected from a
 1184  structure that was made unusable or destroyed following a
 1185  disaster and if the system was properly functioning at the time
 1186  of disconnection and was not adversely affected by the disaster.
 1187  The onsite sewage treatment and disposal system may be
 1188  reconnected to a rebuilt structure if:
 1189         a. The reconnection of the system is to the same type of
 1190  structure which contains the same number of bedrooms or fewer,
 1191  if the square footage of the structure is less than or equal to
 1192  110 percent of the original square footage of the structure that
 1193  existed before the disaster;
 1194         b. The system is not a sanitary nuisance; and
 1195         c. The system has not been altered without prior
 1196  authorization.
 1197         2. An onsite sewage treatment and disposal system that
 1198  serves a property that is foreclosed upon is not considered
 1199  abandoned.
 1200         (y)(z) If an onsite sewage treatment and disposal system
 1201  permittee receives, relies upon, and undertakes construction of
 1202  a system based upon a validly issued construction permit under
 1203  rules applicable at the time of construction but a change to a
 1204  rule occurs within 5 years after the approval of the system for
 1205  construction but before the final approval of the system, the
 1206  rules applicable and in effect at the time of construction
 1207  approval apply at the time of final approval if fundamental site
 1208  conditions have not changed between the time of construction
 1209  approval and final approval.
 1210         (z)(aa) An existing-system inspection or evaluation and
 1211  assessment, or a modification, replacement, or upgrade of an
 1212  onsite sewage treatment and disposal system is not required for
 1213  a remodeling addition or modification to a single-family home if
 1214  a bedroom is not added. However, a remodeling addition or
 1215  modification to a single-family home may not cover any part of
 1216  the existing system or encroach upon a required setback or the
 1217  unobstructed area. To determine if a setback or the unobstructed
 1218  area is impacted, the local health department shall review and
 1219  verify a floor plan and site plan of the proposed remodeling
 1220  addition or modification to the home submitted by a remodeler
 1221  which shows the location of the system, including the distance
 1222  of the remodeling addition or modification to the home from the
 1223  onsite sewage treatment and disposal system. The local health
 1224  department may visit the site or otherwise determine the best
 1225  means of verifying the information submitted. A verification of
 1226  the location of a system is not an inspection or evaluation and
 1227  assessment of the system. The review and verification must be
 1228  completed within 7 business days after receipt by the local
 1229  health department of a floor plan and site plan. If the review
 1230  and verification is not completed within such time, the
 1231  remodeling addition or modification to the single-family home,
 1232  for the purposes of this paragraph, is approved.
 1233         (7) LOT SIZE CALCULATION.—When applying the prohibition
 1234  imposed by s. 373.811(2), the department shall:
 1235         (a) Include portions of the lot subject to an easement or
 1236  right of entry when determining the size of a lot.
 1237         (b) Determine that a hardship exists in accordance with s.
 1238  403.201(1)(c) when an applicant for a variance demonstrates that
 1239  the lot subject to the request is no smaller than 0.85 acres and
 1240  that lots in the immediate proximity average one acre in size or
 1241  larger.
 1242         (8) In addition to allowing the use of other department
 1243  approved nutrient removing onsite sewage treatment and disposal
 1244  systems to meet the requirements of a total maximum daily load
 1245  or basin management action plan adopted pursuant to 403.067, a
 1246  reasonable assurance plan, or other water quality protection and
 1247  restoration requirements, the department shall also allow the
 1248  use of National Sanitation Foundation International/American
 1249  National Standards Institute 245 systems approved by the Public
 1250  Health and Safety Organization before July 1, 2019.
 1251         Section 13. Paragraph (d) of subsection (7) and subsections
 1252  (8) and (9) of section 381.00651, Florida Statutes, are amended
 1253  to read:
 1254         381.00651 Periodic evaluation and assessment of onsite
 1255  sewage treatment and disposal systems.—
 1256         (7) The following procedures shall be used for conducting
 1257  evaluations:
 1258         (d) Assessment procedure.—All evaluation procedures used by
 1259  a qualified contractor shall be documented in the environmental
 1260  health database of the department of Health. The qualified
 1261  contractor shall provide a copy of a written, signed evaluation
 1262  report to the property owner upon completion of the evaluation
 1263  and to the county health department within 30 days after the
 1264  evaluation. The report shall contain the name and license number
 1265  of the company providing the report. A copy of the evaluation
 1266  report shall be retained by the local county health department
 1267  for a minimum of 5 years and until a subsequent inspection
 1268  report is filed. The front cover of the report must identify any
 1269  system failure and include a clear and conspicuous notice to the
 1270  owner that the owner has a right to have any remediation of the
 1271  failure performed by a qualified contractor other than the
 1272  contractor performing the evaluation. The report must further
 1273  identify any crack, leak, improper fit, or other defect in the
 1274  tank, manhole, or lid, and any other damaged or missing
 1275  component; any sewage or effluent visible on the ground or
 1276  discharging to a ditch or other surface water body; any
 1277  downspout, stormwater, or other source of water directed onto or
 1278  toward the system; and any other maintenance need or condition
 1279  of the system at the time of the evaluation which, in the
 1280  opinion of the qualified contractor, would possibly interfere
 1281  with or restrict any future repair or modification to the
 1282  existing system. The report shall conclude with an overall
 1283  assessment of the fundamental operational condition of the
 1284  system.
 1285         (8) The county health department, in coordination with the
 1286  department, shall administer any evaluation program on behalf of
 1287  a county, or a municipality within the county, that has adopted
 1288  an evaluation program pursuant to this section. In order to
 1289  administer the evaluation program, the county or municipality,
 1290  in consultation with the county health department, may develop a
 1291  reasonable fee schedule to be used solely to pay for the costs
 1292  of administering the evaluation program. Such a fee schedule
 1293  shall be identified in the ordinance that adopts the evaluation
 1294  program. When arriving at a reasonable fee schedule, the
 1295  estimated annual revenues to be derived from fees may not exceed
 1296  reasonable estimated annual costs of the program. Fees shall be
 1297  assessed to the system owner during an inspection and separately
 1298  identified on the invoice of the qualified contractor. Fees
 1299  shall be remitted by the qualified contractor to the county
 1300  health department. The county health department’s administrative
 1301  responsibilities include the following:
 1302         (a) Providing a notice to the system owner at least 60 days
 1303  before the system is due for an evaluation. The notice may
 1304  include information on the proper maintenance of onsite sewage
 1305  treatment and disposal systems.
 1306         (b) In consultation with the department of Health,
 1307  providing uniform disciplinary procedures and penalties for
 1308  qualified contractors who do not comply with the requirements of
 1309  the adopted ordinance, including, but not limited to, failure to
 1310  provide the evaluation report as required in this subsection to
 1311  the system owner and the county health department. Only the
 1312  county health department may assess penalties against system
 1313  owners for failure to comply with the adopted ordinance,
 1314  consistent with existing requirements of law.
 1315         (9)(a) A county or municipality that adopts an onsite
 1316  sewage treatment and disposal system evaluation and assessment
 1317  program pursuant to this section shall notify the Secretary of
 1318  Environmental Protection, the Department of Health, and the
 1319  applicable county health department upon the adoption of its
 1320  ordinance establishing the program.
 1321         (b) Upon receipt of the notice under paragraph (a), the
 1322  department of Environmental Protection shall, within existing
 1323  resources, notify the county or municipality of the potential
 1324  use of, and access to, program funds under the Clean Water State
 1325  Revolving Fund or s. 319 of the Clean Water Act, provide
 1326  guidance in the application process to receive such moneys, and
 1327  provide advice and technical assistance to the county or
 1328  municipality on how to establish a low-interest revolving loan
 1329  program or how to model a revolving loan program after the low
 1330  interest loan program of the Clean Water State Revolving Fund.
 1331  This paragraph does not obligate the department of Environmental
 1332  Protection to provide any county or municipality with money to
 1333  fund such programs.
 1334         (c) The department of Health may not adopt any rule that
 1335  alters the provisions of this section.
 1336         (d) The department of Health must allow county health
 1337  departments and qualified contractors access to the
 1338  environmental health database to track relevant information and
 1339  assimilate data from assessment and evaluation reports of the
 1340  overall condition of onsite sewage treatment and disposal
 1341  systems. The environmental health database must be used by
 1342  contractors to report each service and evaluation event and by a
 1343  county health department to notify owners of onsite sewage
 1344  treatment and disposal systems when evaluations are due. Data
 1345  and information must be recorded and updated as service and
 1346  evaluations are conducted and reported.
 1347         Section 14. Effective July 1, 2019, section 381.00652,
 1348  Florida Statutes, is created to read:
 1349         381.00652 Onsite treatment and disposal systems;
 1350  permitting.—
 1351         (1) ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS TECHNICAL
 1352  ADVISORY COMMITTEE.—
 1353         (a) By August 1, 2019, the department, in consultation with
 1354  the Department of Health, shall appoint a technical advisory
 1355  committee to assist in developing rules that will increase the
 1356  availability of nutrient-removing onsite sewage treatment and
 1357  disposal systems in the marketplace, including such systems that
 1358  are cost-effective, low maintenance, and reliable. By July 1,
 1359  2020, the committee shall consider and recommend regulatory
 1360  options, such as fast-track approval, prequalification, or
 1361  expedited permitting, to facilitate the introduction and use of
 1362  nutrient-removing onsite sewage treatment and disposal systems
 1363  that have been reviewed and approved by a national agency or
 1364  organization, such as the National Sanitation Foundation
 1365  International/American National Standards Institute 245 systems
 1366  approved by the Public Health and Safety Organization. The
 1367  department shall use existing and available resources to
 1368  administer and support the activities of the technical advisory
 1369  committee.
 1370         (b) The advisory committee shall consist of at least five
 1371  but not more than nine members representing the home-building
 1372  industry, the real estate industry, the onsite sewage treatment
 1373  and disposal system industry, septic tank contractors,
 1374  engineers, and local governments. Members shall serve without
 1375  compensation and are not entitled to reimbursement for per diem
 1376  or travel expenses.
 1377         (c) This subsection shall expire on July 1, 2020.
 1378         (2) ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS
 1379  RULEMAKING.—The department shall initiate rulemaking no later
 1380  than August 1, 2020, considering the recommendations of the
 1381  technical advisory committee, and adopt rules to increase the
 1382  availability of cost-effective, low maintenance, and reliable
 1383  nutrient-removing onsite sewage treatment and disposal systems
 1384  in the marketplace.
 1385         Section 15. Section 381.0068, Florida Statutes, is
 1386  repealed.
 1387         Section 16. Paragraph (g) of subsection (1) of section
 1388  381.0101, Florida Statutes, is amended to read:
 1389         381.0101 Environmental health professionals.—
 1390         (1) DEFINITIONS.—As used in this section:
 1391         (g) “Primary environmental health program” means those
 1392  programs determined by the department to be essential for
 1393  providing basic environmental and sanitary protection to the
 1394  public. At a minimum, these programs shall include food
 1395  protection programs program work and onsite sewage treatment and
 1396  disposal system evaluations.
 1397         Section 17. Paragraph (a) of subsection (7) of section
 1398  403.067, Florida Statutes, is amended to read:
 1399         403.067 Establishment and implementation of total maximum
 1400  daily loads.—
 1401         (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
 1402  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
 1403         (a) Basin management action plans.—
 1404         1. In developing and implementing the total maximum daily
 1405  load for a water body, the department, or the department in
 1406  conjunction with a water management district, may develop a
 1407  basin management action plan that addresses some or all of the
 1408  watersheds and basins tributary to the water body. Such plan
 1409  must integrate the appropriate management strategies available
 1410  to the state through existing water quality protection programs
 1411  to achieve the total maximum daily loads and may provide for
 1412  phased implementation of these management strategies to promote
 1413  timely, cost-effective actions as provided for in s. 403.151.
 1414  The plan must establish a schedule implementing the management
 1415  strategies, establish a basis for evaluating the plan’s
 1416  effectiveness, and identify feasible funding strategies for
 1417  implementing the plan’s management strategies. The management
 1418  strategies may include regional treatment systems or other
 1419  public works, where appropriate, and voluntary trading of water
 1420  quality credits to achieve the needed pollutant load reductions.
 1421         2. A basin management action plan must equitably allocate,
 1422  pursuant to paragraph (6)(b), pollutant reductions to individual
 1423  basins, as a whole to all basins, or to each identified point
 1424  source or category of nonpoint sources, as appropriate. For
 1425  nonpoint sources for which best management practices have been
 1426  adopted, the initial requirement specified by the plan must be
 1427  those practices developed pursuant to paragraph (c). Where
 1428  appropriate, the plan may take into account the benefits of
 1429  pollutant load reduction achieved by point or nonpoint sources
 1430  that have implemented management strategies to reduce pollutant
 1431  loads, including best management practices, before the
 1432  development of the basin management action plan. The plan must
 1433  also identify the mechanisms that will address potential future
 1434  increases in pollutant loading.
 1435         3. The basin management action planning process is intended
 1436  to involve the broadest possible range of interested parties,
 1437  with the objective of encouraging the greatest amount of
 1438  cooperation and consensus possible. In developing a basin
 1439  management action plan, the department shall assure that key
 1440  stakeholders, including, but not limited to, applicable local
 1441  governments, water management districts, the Department of
 1442  Agriculture and Consumer Services, other appropriate state
 1443  agencies, local soil and water conservation districts,
 1444  environmental groups, regulated interests, and affected
 1445  pollution sources, are invited to participate in the process.
 1446  The department shall hold at least one public meeting in the
 1447  vicinity of the watershed or basin to discuss and receive
 1448  comments during the planning process and shall otherwise
 1449  encourage public participation to the greatest practicable
 1450  extent. Notice of the public meeting must be published in a
 1451  newspaper of general circulation in each county in which the
 1452  watershed or basin lies at least not less than 5 days but not
 1453  nor more than 15 days before the public meeting. A basin
 1454  management action plan does not supplant or otherwise alter any
 1455  assessment made under subsection (3) or subsection (4) or any
 1456  calculation or initial allocation.
 1457         4. Each new or revised basin management action plan shall
 1458  include:
 1459         a. The appropriate management strategies available through
 1460  existing water quality protection programs to achieve total
 1461  maximum daily loads, which may provide for phased implementation
 1462  to promote timely, cost-effective actions as provided for in s.
 1463  403.151;
 1464         b. A description of best management practices adopted by
 1465  rule;
 1466         c. A list of projects in priority ranking with a planning
 1467  level cost estimate and estimated date of completion for each
 1468  listed project;
 1469         d. The source and amount of financial assistance to be made
 1470  available by the department, a water management district, or
 1471  other entity for each listed project, if applicable; and
 1472         e. A planning-level estimate of each listed project’s
 1473  expected load reduction, if applicable.
 1474         5. The department shall adopt all or any part of a basin
 1475  management action plan and any amendment to such plan by
 1476  secretarial order pursuant to chapter 120 to implement the
 1477  provisions of this section.
 1478         6. The basin management action plan must include milestones
 1479  for implementation and water quality improvement, and an
 1480  associated water quality monitoring component sufficient to
 1481  evaluate whether reasonable progress in pollutant load
 1482  reductions is being achieved over time. An assessment of
 1483  progress toward these milestones shall be conducted every 5
 1484  years, and revisions to the plan shall be made as appropriate.
 1485  Revisions to the basin management action plan shall be made by
 1486  the department in cooperation with basin stakeholders. Revisions
 1487  to the management strategies required for nonpoint sources must
 1488  follow the procedures set forth in subparagraph (c)4. Revised
 1489  basin management action plans must be adopted pursuant to
 1490  subparagraph 5.
 1491         7. In accordance with procedures adopted by rule under
 1492  paragraph (9)(c), basin management action plans, and other
 1493  pollution control programs under local, state, or federal
 1494  authority as provided in subsection (4), may allow point or
 1495  nonpoint sources that will achieve greater pollutant reductions
 1496  than required by an adopted total maximum daily load or
 1497  wasteload allocation to generate, register, and trade water
 1498  quality credits for the excess reductions to enable other
 1499  sources to achieve their allocation; however, the generation of
 1500  water quality credits does not remove the obligation of a source
 1501  or activity to meet applicable technology requirements or
 1502  adopted best management practices. Such plans must allow trading
 1503  between NPDES permittees, and trading that may or may not
 1504  involve NPDES permittees, where the generation or use of the
 1505  credits involve an entity or activity not subject to department
 1506  water discharge permits whose owner voluntarily elects to obtain
 1507  department authorization for the generation and sale of credits.
 1508         8. The provisions of the department’s rule relating to the
 1509  equitable abatement of pollutants into surface waters do not
 1510  apply to water bodies or water body segments for which a basin
 1511  management plan that takes into account future new or expanded
 1512  activities or discharges has been adopted under this section.
 1513         9. The department shall submit to the Office of Economic
 1514  and Demographic Research the project cost estimates required in
 1515  sub-subparagraph 4.c., including any septic-to-sewer conversion
 1516  and septic tank remediation project costs.
 1517         Section 18. Subsection (1) of section 489.551, Florida
 1518  Statutes, is amended to read:
 1519         489.551 Definitions.—As used in this part:
 1520         (1) “Department” means the Department of Environmental
 1521  Protection Health.
 1522         Section 19. Except as otherwise expressly provided in this
 1523  act, and except for section 2, s. 381.0065(7) as amended by this
 1524  act, and this section, which shall take effect upon July 1,
 1525  2019, this act shall take effect on July 1, 2020.