ENROLLED
2020 Legislature CS for CS for SB 712, 1st Engrossed
2020712er
1
2 An act relating to environmental resource management;
3 providing a short title; requiring the Department of
4 Health to provide a specified report to the Governor
5 and the Legislature by a specified date; requiring the
6 Department of Health and the Department of
7 Environmental Protection to submit to the Governor and
8 the Legislature, by a specified date, certain
9 recommendations relating to the transfer of the Onsite
10 Sewage Program; requiring the departments to enter
11 into an interagency agreement that meets certain
12 requirements by a specified date; transferring the
13 Onsite Sewage Program within the Department of Health
14 to the Department of Environmental Protection by a
15 type two transfer by a specified date; providing that
16 certain employees retain and transfer certain types of
17 leave upon the transfer; amending s. 373.036, F.S.;
18 directing water management districts to submit
19 consolidated annual reports to the Office of Economic
20 and Demographic Research; requiring such reports to
21 include connection and conversion projects for onsite
22 sewage treatment and disposal systems; requiring the
23 Department of Environmental Protection, in
24 coordination with the water management districts, to
25 conduct a study on the bottled water industry in this
26 state; providing requirements for the study; requiring
27 the department to submit a report containing the
28 findings of the study to the Governor and the
29 Legislature by a specified date; defining terms;
30 amending s. 373.4131, F.S.; requiring the Department
31 of Environmental Protection to include stormwater
32 structural control inspections as part of its regular
33 staff training; requiring the department and the water
34 management districts to adopt rules regarding
35 stormwater design and operation regulations by a
36 specified date and address specified information as
37 part of such rule development; requiring the
38 department to review and evaluate data relating to
39 self-certification and provide the Legislature with
40 recommendations for improvements; amending s.
41 381.0065, F.S.; requiring the department to implement
42 an approval process for the use of specified nutrient
43 reducing onsite sewage treatment and disposal systems
44 by a specified date; defining the term “department”
45 for the regulation of onsite sewage treatment and
46 disposal systems; revising the duties of the
47 department; requiring the Department of Environmental
48 Protection to adopt rules relating to the location of
49 onsite sewage treatment and disposal systems and
50 complete such rulemaking by a specified date;
51 providing requirements for such rules; requiring the
52 department to determine that a hardship exists for
53 certain variance applicants; providing that certain
54 provisions relating to existing setback requirements
55 are applicable to permits only until the effective
56 date of certain rules adopted by the department;
57 removing provisions requiring certain onsite sewage
58 treatment and disposal system research projects to be
59 approved by a Department of Health technical review
60 and advisory panel; removing provisions prohibiting
61 the award of research projects to certain entities;
62 removing provisions establishing a Department of
63 Health onsite sewage treatment and disposal system
64 research review and advisory committee; conforming
65 provisions to changes made by the act; creating s.
66 381.00652, F.S.; defining the term “department”;
67 creating the onsite sewage treatment and disposal
68 systems technical advisory committee within the
69 Department of Environmental Protection; authorizing
70 the department, in consultation with the Department of
71 Health, to appoint an onsite sewage treatment and
72 disposal systems technical advisory committee;
73 providing for committee purpose, membership, and
74 expiration; requiring the committee to submit its
75 recommendations to the Governor and Legislature;
76 providing for the expiration of the committee;
77 repealing s. 381.0068, F.S., relating to the
78 Department of Health onsite sewage treatment and
79 disposal systems technical review and advisory panel;
80 amending s. 403.061, F.S.; requiring the department to
81 adopt rules relating to domestic wastewater collection
82 and transmission system pipe leakages and inflow and
83 infiltration; requiring the department to adopt rules
84 to require public utilities or their affiliated
85 companies holding, applying for, or renewing a
86 domestic wastewater discharge permit to file certain
87 annual reports and data with the department; creating
88 s. 403.0616, F.S.; requiring the department, subject
89 to legislative appropriation, to establish a real-time
90 water quality monitoring program; encouraging the
91 formation of public-private partnerships; amending s.
92 403.064, F.S.; requiring the Department of
93 Environmental Protection to initiate rule revisions
94 based on certain potable reuse recommendations by a
95 specified date; providing requirements for such rules;
96 providing that reclaimed water is deemed a water
97 source for public water supply systems; amending s.
98 403.067, F.S.; requiring basin management action plans
99 for nutrient total maximum daily loads to include
100 wastewater treatment and onsite sewage treatment and
101 disposal system remediation plans that meet certain
102 requirements; requiring the Department of Agriculture
103 and Consumer Services to collect fertilizer
104 application records from certain agricultural
105 producers and provide the information to the
106 department annually by a specified date; requiring the
107 Department of Agriculture and Consumer Services to
108 perform onsite inspections of the agricultural
109 producers at specified intervals; providing for
110 prioritization of such inspections; requiring certain
111 basin management action plans to include cooperative
112 agricultural regional water quality improvement
113 elements; requiring the Department of Agriculture and
114 Consumer Services, in cooperation with specified
115 entities, to annually develop research plans and
116 legislative budget requests relating to best
117 management practices by a specified date; requiring
118 such entities to submit such plans to the Department
119 of Environmental Protection and the Department of
120 Agriculture and Consumer Services by a specific date;
121 requiring the Department of Environmental Protection
122 to work with specified entities to consider the
123 adoption of best management practices for nutrient
124 impacts from golf courses; creating s. 403.0671, F.S.;
125 directing the Department of Environmental Protection,
126 in coordination with specified entities, to submit
127 reports regarding wastewater projects identified in
128 the basin management action plans to the Governor and
129 the Legislature and to submit certain wastewater
130 project cost estimates to the Office of Economic and
131 Demographic Research by specified dates; creating s.
132 403.0673, F.S.; establishing a wastewater grant
133 program within the Department of Environmental
134 Protection; authorizing the department to distribute
135 appropriated funds for certain projects; providing
136 requirements for the distribution; requiring the
137 department to coordinate with each water management
138 district to identify grant recipients; requiring an
139 annual report to the Governor and Legislature by a
140 specified date; creating s. 403.0855, F.S.; providing
141 legislative findings regarding the regulation of
142 biosolids management in this state; requiring the
143 department to adopt rules for biosolids management;
144 providing that such rules are not effective until
145 ratified by the Legislature; providing permitting
146 requirements for biosolids land application sites and
147 facilities; requiring biosolids application sites and
148 facilities to be enrolled in a specified best
149 management practices program or be within a specified
150 agricultural operation; providing requirements for the
151 land application of biosolids; providing a definition;
152 authorizing the enforcement or extension of certain
153 local government regulations relating to the land
154 application of biosolids until such regulations are
155 repealed; amending s. 403.086, F.S.; prohibiting
156 sewage disposal facilities from disposing waste into
157 the Indian River Lagoon beginning on a specified date
158 without certain advanced waste treatment; directing
159 the Department of Environmental Protection, in
160 consultation with specified entities, to submit a
161 report to the Governor and the Legislature by a
162 specified date; requiring sewage disposal facilities
163 to have a power outage contingency plan, to take steps
164 to prevent overflows and leaks and ensure that the
165 wastewater reaches the facility for appropriate
166 treatment, and to provide the Department of
167 Environmental Protection with certain information;
168 requiring the department to adopt rules; limiting the
169 scope of such rules; authorizing utilities and
170 operating entities to consolidate certain reports;
171 providing that specified compliance is evidence in
172 mitigation for assessment of certain penalties;
173 amending s. 403.087, F.S.; requiring the department to
174 issue operation permits for certain domestic
175 wastewater treatment facilities under certain
176 circumstances; amending s. 403.088, F.S.; revising the
177 permit conditions for a water pollution operation
178 permit; requiring permittees to submit annual reports
179 to the department; requiring the department to submit
180 an annual report identifying all domestic wastewater
181 treatment facilities that experienced sanitary sewer
182 overflows to the Governor and the Legislature by a
183 specified date; amending s. 403.0891, F.S.; requiring
184 model stormwater management programs to contain model
185 ordinances for nutrient reduction practices and green
186 infrastructure; amending s. 403.121, F.S.; revising
187 administrative penalties for violations of ch. 403,
188 F.S.; amending ss. 403.1835 and 403.1838, F.S.;
189 requiring the Department of Environmental Protection
190 to give funding priority to certain domestic
191 wastewater utility projects; amending s. 403.412,
192 F.S.; prohibiting local governments from recognizing
193 or granting certain legal rights to the natural
194 environment or granting such rights relating to the
195 natural environment to a person or political
196 subdivision; providing construction; providing a
197 declaration of important state interest; amending ss.
198 153.54, 153.73, 163.3180, 180.03, 311.105, 327.46,
199 373.250, 373.414, 373.705, 373.707, 373.709, 373.807,
200 376.307, 380.0552, 381.006, 381.0061, 381.0064,
201 381.00651, 381.0101, 403.08601, 403.0871, 403.0872,
202 403.707, 403.861, 489.551, and 590.02, F.S.;
203 conforming cross-references and provisions to changes
204 made by the act; providing a directive to the Division
205 of Law Revision upon the adoption of certain rules by
206 the Department of Environmental Protection; providing
207 effective dates.
208
209 Be It Enacted by the Legislature of the State of Florida:
210
211 Section 1. This act may be cited as the “Clean Waterways
212 Act.”
213 Section 2. (1) By July 1, 2020, the Department of Health
214 must provide a report to the Governor, the President of the
215 Senate, and the Speaker of the House of Representatives
216 detailing the following information regarding the Onsite Sewage
217 Program:
218 (a) The average number of permits issued each year;
219 (b) The number of department employees conducting work on
220 or related to the program each year; and
221 (c) The program’s costs and expenditures, including, but
222 not limited to, salaries and benefits, equipment costs, and
223 contracting costs.
224 (2) By December 31, 2020, the Department of Health and the
225 Department of Environmental Protection shall submit
226 recommendations to the Governor, the President of the Senate,
227 and the Speaker of the House of Representatives regarding the
228 transfer of the Onsite Sewage Program from the Department of
229 Health to the Department of Environmental Protection. The
230 recommendations must address all aspects of the transfer,
231 including the continued role of the county health departments in
232 the permitting, inspection, data management, and tracking of
233 onsite sewage treatment and disposal systems under the direction
234 of the Department of Environmental Protection.
235 (3) By June 30, 2021, the Department of Health and the
236 Department of Environmental Protection shall enter into an
237 interagency agreement based on the Department of Health report
238 required under subsection (2) and on recommendations from a plan
239 that must address all agency cooperation for a period not less
240 than 5 years after the transfer, including:
241 (a) The continued role of the county health departments in
242 the permitting, inspection, data management, and tracking of
243 onsite sewage treatment and disposal systems under the direction
244 of the Department of Environmental Protection.
245 (b) The appropriate proportionate number of administrative,
246 auditing, inspector general, attorney, and operational support
247 positions, and their related funding levels and sources and
248 assigned property, to be transferred from the Office of General
249 Counsel, the Office of Inspector General, and the Division of
250 Administrative Services or other relevant offices or divisions
251 within the Department of Health to the Department of
252 Environmental Protection.
253 (c) The development of a recommended plan to address the
254 transfer or shared use of buildings, regional offices, and other
255 facilities used or owned by the Department of Health.
256 (d) Any operating budget adjustments that are necessary to
257 implement the requirements of this act. Adjustments made to the
258 operating budgets of the agencies in the implementation of this
259 act must be made in consultation with the appropriate
260 substantive and fiscal committees of the Senate and the House of
261 Representatives. The revisions to the approved operating budgets
262 for the 2021-2022 fiscal year which are necessary to reflect the
263 organizational changes made by this act must be implemented
264 pursuant to s. 216.292(4)(d), Florida Statutes, and are subject
265 to s. 216.177, Florida Statutes. Subsequent adjustments between
266 the Department of Health and the Department of Environmental
267 Protection which are determined necessary by the respective
268 agencies and approved by the Executive Office of the Governor
269 are authorized and subject to s. 216.177, Florida Statutes. The
270 appropriate substantive committees of the Senate and the House
271 of Representatives must also be notified of the proposed
272 revisions to ensure their consistency with legislative policy
273 and intent.
274 (4) Effective July 1, 2021, all powers, duties, functions,
275 records, offices, personnel, associated administrative support
276 positions, property, pending issues, existing contracts,
277 administrative authority, administrative rules, and unexpended
278 balances of appropriations, allocations, and other funds for the
279 regulation of onsite sewage treatment and disposal systems
280 relating to the Onsite Sewage Program in the Department of
281 Health are transferred by a type two transfer, as defined in s.
282 20.06(2), Florida Statutes, to the Department of Environmental
283 Protection.
284 (5) Notwithstanding chapter 60L-34, Florida Administrative
285 Code, or any law to the contrary, employees who are transferred
286 from the Department of Health to the Department of Environmental
287 Protection to fill positions transferred by this act retain and
288 transfer any accrued annual leave, sick leave, and regular and
289 special compensatory leave balances.
290 Section 3. Paragraphs (a) and (b) of subsection (7) of
291 section 373.036, Florida Statutes, are amended to read:
292 373.036 Florida water plan; district water management
293 plans.—
294 (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.—
295 (a) By March 1, annually, each water management district
296 shall prepare and submit to the Office of Economic and
297 Demographic Research, the department, the Governor, the
298 President of the Senate, and the Speaker of the House of
299 Representatives a consolidated water management district annual
300 report on the management of water resources. In addition, copies
301 must be provided by the water management districts to the chairs
302 of all legislative committees having substantive or fiscal
303 jurisdiction over the districts and the governing board of each
304 county in the district having jurisdiction or deriving any funds
305 for operations of the district. Copies of the consolidated
306 annual report must be made available to the public, either in
307 printed or electronic format.
308 (b) The consolidated annual report shall contain the
309 following elements, as appropriate to that water management
310 district:
311 1. A district water management plan annual report or the
312 annual work plan report allowed in subparagraph (2)(e)4.
313 2. The department-approved minimum flows and minimum water
314 levels annual priority list and schedule required by s.
315 373.042(3).
316 3. The annual 5-year capital improvements plan required by
317 s. 373.536(6)(a)3.
318 4. The alternative water supplies annual report required by
319 s. 373.707(8)(n).
320 5. The final annual 5-year water resource development work
321 program required by s. 373.536(6)(a)4.
322 6. The Florida Forever Water Management District Work Plan
323 annual report required by s. 373.199(7).
324 7. The mitigation donation annual report required by s.
325 373.414(1)(b)2.
326 8. Information on all projects related to water quality or
327 water quantity as part of a 5-year work program, including:
328 a. A list of all specific projects identified to implement
329 a basin management action plan, including any projects to
330 connect onsite sewage treatment and disposal systems to central
331 sewerage systems and convert onsite sewage treatment and
332 disposal systems to enhanced nutrient-reducing onsite sewage
333 treatment and disposal systems, or a recovery or prevention
334 strategy;
335 b. A priority ranking for each listed project for which
336 state funding through the water resources development work
337 program is requested, which must be made available to the public
338 for comment at least 30 days before submission of the
339 consolidated annual report;
340 c. The estimated cost for each listed project;
341 d. The estimated completion date for each listed project;
342 e. The source and amount of financial assistance to be made
343 available by the department, a water management district, or
344 other entity for each listed project; and
345 f. A quantitative estimate of each listed project’s benefit
346 to the watershed, water body, or water segment in which it is
347 located.
348 9. A grade for each watershed, water body, or water segment
349 in which a project listed under subparagraph 8. is located
350 representing the level of impairment and violations of adopted
351 minimum flow or minimum water levels. The grading system must
352 reflect the severity of the impairment of the watershed, water
353 body, or water segment.
354 Section 4. Bottled water industry study.—The department
355 shall, in coordination with the water management districts,
356 conduct a study on the bottled water industry in this state.
357 (1) The study must:
358 (a) Identify all springs statewide that have an associated
359 consumptive use permit for a bottled water facility producing
360 its product with water derived from a spring. Such
361 identification must include:
362 1. The magnitude of the spring;
363 2. Whether the spring has been identified as an Outstanding
364 Florida Spring as defined in s. 373.802, Florida Statutes;
365 3. Any department- or water management district-adopted
366 minimum flow or minimum water levels, the status of any adopted
367 minimum flow or minimum water levels, and any associated
368 recovery or prevention strategy;
369 4. The permitted and actual use associated with the
370 consumptive use permits;
371 5. The reduction in flow associated with the permitted and
372 actual use associated with the consumptive use permits;
373 6. The impact on springs of bottled water facilities as
374 compared to other users; and
375 7. Types of water conservation measures employed at bottled
376 water facilities permitted to derive water from a spring.
377 (b) Identify the labeling and marketing regulations
378 associated with the identification of bottled water as spring
379 water, including whether these regulations incentivize the
380 withdrawal of water from springs.
381 (c) Evaluate the direct and indirect economic benefits to
382 the local communities resulting from bottled water facilities
383 that derive water from springs, including, but not limited to,
384 tax revenue, job creation, and wages.
385 (d) Evaluate the direct and indirect costs to the local
386 communities located in proximity to springs impacted by
387 withdrawals from bottled water production, including, but not
388 limited to, the decreased recreational value of the springs and
389 the cost to other users for the development of alternative water
390 supply or reductions in permit durations and allocations.
391 (e) Include a cost-benefit analysis of withdrawing,
392 producing, marketing, selling, and consuming spring water as
393 compared to other sources of bottled water.
394 (f) Evaluate how much bottled water derived from Florida
395 springs is sold in this state.
396 (2) By June 30, 2021, the department shall submit a report
397 containing the findings of the study to the Governor, the
398 President of the Senate, the Speaker of the House of
399 Representatives, and the Office of Economic and Demographic
400 Research.
401 (3) As used in this section, the term “bottled water” has
402 the same meaning as in s. 500.03, Florida Statutes, and the term
403 “water derived from a spring” means water derived from an
404 underground formation from which water flows naturally to the
405 surface of the earth in the manner described in 21 C.F.R. s.
406 165.110(a)(2)(vi).
407 Section 5. Subsection (5) of section 373.4131, Florida
408 Statutes, is amended, and subsection (6) is added to that
409 section, to read:
410 373.4131 Statewide environmental resource permitting
411 rules.—
412 (5) To ensure consistent implementation and interpretation
413 of the rules adopted pursuant to this section, the department
414 shall conduct or oversee regular assessment and training of its
415 staff and the staffs of the water management districts and local
416 governments delegated local pollution control program authority
417 under s. 373.441. The training must include field inspections of
418 publicly and privately owned stormwater structural controls,
419 such as stormwater retention and detention ponds.
420 (6) By January 1, 2021:
421 (a) The department and the water management districts shall
422 initiate rulemaking to update the stormwater design and
423 operation regulations, including updates to the Environmental
424 Resource Permit Applicant’s Handbook, using the most recent
425 scientific information available. As part of rule development,
426 the department shall consider and address low-impact design best
427 management practices and design criteria that increase the
428 removal of nutrients from stormwater discharges, and measures
429 for consistent application of the net improvement performance
430 standard to ensure significant reductions of any pollutant
431 loadings to a waterbody.
432 (b) The department shall review and evaluate permits and
433 inspection data by those entities that submit a self
434 certification under s. 403.814(12) for compliance with state
435 water quality standards and provide the Legislature with
436 recommendations for improvements to the self-certification
437 process, including, but not limited to, additional staff
438 resources for department review of portions of the process where
439 high-priority water quality issues justify such action.
440 Section 6. Subsection (7) is added to section 381.0065,
441 Florida Statutes, to read:
442 381.0065 Onsite sewage treatment and disposal systems;
443 regulation.—
444 (7) USE OF ENHANCED NUTRIENT-REDUCING ONSITE SEWAGE
445 TREATMENT AND DISPOSAL SYSTEMS.—To meet the requirements of a
446 total maximum daily load, the department shall implement a fast
447 track approval process of no longer than 6 months for the
448 determination of the use of American National Standards
449 Institute 245 systems approved by NSF International before July
450 1, 2020.
451 Section 7. Effective July 1, 2021, present paragraphs (d)
452 through (q) of subsection (2) of section 381.0065, Florida
453 Statutes, are redesignated as paragraphs (e) through (r),
454 respectively, subsections (3) and (4) of that section are
455 amended, and a new paragraph (d) is added to subsection (2) of
456 that section, to read:
457 381.0065 Onsite sewage treatment and disposal systems;
458 regulation.—
459 (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
460 term:
461 (d) “Department” means the Department of Environmental
462 Protection.
463 (3) DUTIES AND POWERS OF THE DEPARTMENT OF ENVIRONMENTAL
464 PROTECTION HEALTH.—The department shall:
465 (a) Adopt rules to administer ss. 381.0065-381.0067,
466 including definitions that are consistent with the definitions
467 in this section, decreases to setback requirements where no
468 health hazard exists, increases for the lot-flow allowance for
469 performance-based systems, requirements for separation from
470 water table elevation during the wettest season, requirements
471 for the design and construction of any component part of an
472 onsite sewage treatment and disposal system, application and
473 permit requirements for persons who maintain an onsite sewage
474 treatment and disposal system, requirements for maintenance and
475 service agreements for aerobic treatment units and performance
476 based treatment systems, and recommended standards, including
477 disclosure requirements, for voluntary system inspections to be
478 performed by individuals who are authorized by law to perform
479 such inspections and who shall inform a person having ownership,
480 control, or use of an onsite sewage treatment and disposal
481 system of the inspection standards and of that person’s
482 authority to request an inspection based on all or part of the
483 standards.
484 (b) Perform application reviews and site evaluations, issue
485 permits, and conduct inspections and complaint investigations
486 associated with the construction, installation, maintenance,
487 modification, abandonment, operation, use, or repair of an
488 onsite sewage treatment and disposal system for a residence or
489 establishment with an estimated domestic sewage flow of 10,000
490 gallons or less per day, or an estimated commercial sewage flow
491 of 5,000 gallons or less per day, which is not currently
492 regulated under chapter 403.
493 (c) Develop a comprehensive program to ensure that onsite
494 sewage treatment and disposal systems regulated by the
495 department are sized, designed, constructed, installed, sited,
496 repaired, modified, abandoned, used, operated, and maintained in
497 compliance with this section and rules adopted under this
498 section to prevent groundwater contamination, including impacts
499 from nutrient pollution, and surface water contamination and to
500 preserve the public health. The department is the final
501 administrative interpretive authority regarding rule
502 interpretation. In the event of a conflict regarding rule
503 interpretation, the Secretary of Environmental Protection State
504 Surgeon General, or his or her designee, shall timely assign a
505 staff person to resolve the dispute.
506 (d) Grant variances in hardship cases under the conditions
507 prescribed in this section and rules adopted under this section.
508 (e) Permit the use of a limited number of innovative
509 systems for a specific period of time, when there is compelling
510 evidence that the system will function properly and reliably to
511 meet the requirements of this section and rules adopted under
512 this section.
513 (f) Issue annual operating permits under this section.
514 (g) Establish and collect fees as established under s.
515 381.0066 for services provided with respect to onsite sewage
516 treatment and disposal systems.
517 (h) Conduct enforcement activities, including imposing
518 fines, issuing citations, suspensions, revocations, injunctions,
519 and emergency orders for violations of this section, part I of
520 chapter 386, or part III of chapter 489 or for a violation of
521 any rule adopted under this section, part I of chapter 386, or
522 part III of chapter 489.
523 (i) Provide or conduct education and training of department
524 personnel, service providers, and the public regarding onsite
525 sewage treatment and disposal systems.
526 (j) Supervise research on, demonstration of, and training
527 on the performance, environmental impact, and public health
528 impact of onsite sewage treatment and disposal systems within
529 this state. Research fees collected under s. 381.0066(2)(k) must
530 be used to develop and fund hands-on training centers designed
531 to provide practical information about onsite sewage treatment
532 and disposal systems to septic tank contractors, master septic
533 tank contractors, contractors, inspectors, engineers, and the
534 public and must also be used to fund research projects which
535 focus on improvements of onsite sewage treatment and disposal
536 systems, including use of performance-based standards and
537 reduction of environmental impact. Research projects shall be
538 initially approved by the technical review and advisory panel
539 and shall be applicable to and reflect the soil conditions
540 specific to this state Florida. Such projects shall be awarded
541 through competitive negotiation, using the procedures provided
542 in s. 287.055, to public or private entities that have
543 experience in onsite sewage treatment and disposal systems in
544 this state Florida and that are principally located in this
545 state Florida. Research projects shall not be awarded to firms
546 or entities that employ or are associated with persons who serve
547 on either the technical review and advisory panel or the
548 research review and advisory committee.
549 (k) Approve the installation of individual graywater
550 disposal systems in which blackwater is treated by a central
551 sewerage system.
552 (l) Regulate and permit the sanitation, handling,
553 treatment, storage, reuse, and disposal of byproducts from any
554 system regulated under this chapter and not regulated by the
555 Department of Environmental Protection.
556 (m) Permit and inspect portable or temporary toilet
557 services and holding tanks. The department shall review
558 applications, perform site evaluations, and issue permits for
559 the temporary use of holding tanks, privies, portable toilet
560 services, or any other toilet facility that is intended for use
561 on a permanent or nonpermanent basis, including facilities
562 placed on construction sites when workers are present. The
563 department may specify standards for the construction,
564 maintenance, use, and operation of any such facility for
565 temporary use.
566 (n) Regulate and permit maintenance entities for
567 performance-based treatment systems and aerobic treatment unit
568 systems. To ensure systems are maintained and operated according
569 to manufacturer’s specifications and designs, the department
570 shall establish by rule minimum qualifying criteria for
571 maintenance entities. The criteria shall include: training,
572 access to approved spare parts and components, access to
573 manufacturer’s maintenance and operation manuals, and service
574 response time. The maintenance entity shall employ a contractor
575 licensed under s. 489.105(3)(m), or part III of chapter 489, or
576 a state-licensed wastewater plant operator, who is responsible
577 for maintenance and repair of all systems under contract.
578 (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
579 construct, repair, modify, abandon, or operate an onsite sewage
580 treatment and disposal system without first obtaining a permit
581 approved by the department. The department may issue permits to
582 carry out this section, but shall not make the issuance of such
583 permits contingent upon prior approval by the department of
584 Environmental Protection, except that the issuance of a permit
585 for work seaward of the coastal construction control line
586 established under s. 161.053 shall be contingent upon receipt of
587 any required coastal construction control line permit from the
588 department of Environmental Protection. A construction permit is
589 valid for 18 months after from the date of issuance date and may
590 be extended by the department for one 90-day period under rules
591 adopted by the department. A repair permit is valid for 90 days
592 after from the date of issuance. An operating permit must be
593 obtained before prior to the use of any aerobic treatment unit
594 or if the establishment generates commercial waste. Buildings or
595 establishments that use an aerobic treatment unit or generate
596 commercial waste shall be inspected by the department at least
597 annually to assure compliance with the terms of the operating
598 permit. The operating permit for a commercial wastewater system
599 is valid for 1 year after from the date of issuance and must be
600 renewed annually. The operating permit for an aerobic treatment
601 unit is valid for 2 years after from the date of issuance and
602 must be renewed every 2 years. If all information pertaining to
603 the siting, location, and installation conditions or repair of
604 an onsite sewage treatment and disposal system remains the same,
605 a construction or repair permit for the onsite sewage treatment
606 and disposal system may be transferred to another person, if the
607 transferee files, within 60 days after the transfer of
608 ownership, an amended application providing all corrected
609 information and proof of ownership of the property. A There is
610 no fee is not associated with the processing of this
611 supplemental information. A person may not contract to
612 construct, modify, alter, repair, service, abandon, or maintain
613 any portion of an onsite sewage treatment and disposal system
614 without being registered under part III of chapter 489. A
615 property owner who personally performs construction,
616 maintenance, or repairs to a system serving his or her own
617 owner-occupied single-family residence is exempt from
618 registration requirements for performing such construction,
619 maintenance, or repairs on that residence, but is subject to all
620 permitting requirements. A municipality or political subdivision
621 of the state may not issue a building or plumbing permit for any
622 building that requires the use of an onsite sewage treatment and
623 disposal system unless the owner or builder has received a
624 construction permit for such system from the department. A
625 building or structure may not be occupied and a municipality,
626 political subdivision, or any state or federal agency may not
627 authorize occupancy until the department approves the final
628 installation of the onsite sewage treatment and disposal system.
629 A municipality or political subdivision of the state may not
630 approve any change in occupancy or tenancy of a building that
631 uses an onsite sewage treatment and disposal system until the
632 department has reviewed the use of the system with the proposed
633 change, approved the change, and amended the operating permit.
634 (a) Subdivisions and lots in which each lot has a minimum
635 area of at least one-half acre and either a minimum dimension of
636 100 feet or a mean of at least 100 feet of the side bordering
637 the street and the distance formed by a line parallel to the
638 side bordering the street drawn between the two most distant
639 points of the remainder of the lot may be developed with a water
640 system regulated under s. 381.0062 and onsite sewage treatment
641 and disposal systems, provided the projected daily sewage flow
642 does not exceed an average of 1,500 gallons per acre per day,
643 and provided satisfactory drinking water can be obtained and all
644 distance and setback, soil condition, water table elevation, and
645 other related requirements of this section and rules adopted
646 under this section can be met.
647 (b) Subdivisions and lots using a public water system as
648 defined in s. 403.852 may use onsite sewage treatment and
649 disposal systems, provided there are no more than four lots per
650 acre, provided the projected daily sewage flow does not exceed
651 an average of 2,500 gallons per acre per day, and provided that
652 all distance and setback, soil condition, water table elevation,
653 and other related requirements that are generally applicable to
654 the use of onsite sewage treatment and disposal systems are met.
655 (c) Notwithstanding paragraphs (a) and (b), for
656 subdivisions platted of record on or before October 1, 1991,
657 when a developer or other appropriate entity has previously made
658 or makes provisions, including financial assurances or other
659 commitments, acceptable to the department of Health, that a
660 central water system will be installed by a regulated public
661 utility based on a density formula, private potable wells may be
662 used with onsite sewage treatment and disposal systems until the
663 agreed-upon densities are reached. In a subdivision regulated by
664 this paragraph, the average daily sewage flow may not exceed
665 2,500 gallons per acre per day. This section does not affect the
666 validity of existing prior agreements. After October 1, 1991,
667 the exception provided under this paragraph is not available to
668 a developer or other appropriate entity.
669 (d) Paragraphs (a) and (b) do not apply to any proposed
670 residential subdivision with more than 50 lots or to any
671 proposed commercial subdivision with more than 5 lots where a
672 publicly owned or investor-owned sewage treatment sewerage
673 system is available. It is the intent of This paragraph does not
674 to allow development of additional proposed subdivisions in
675 order to evade the requirements of this paragraph.
676 (e) The department shall adopt rules relating to the
677 location of onsite sewage treatment and disposal systems,
678 including establishing setback distances, to prevent groundwater
679 contamination and surface water contamination and to preserve
680 the public health. The rulemaking process for such rules must be
681 completed by July 1, 2022, and the department shall notify the
682 Division of Law Revision of the date such rules take effect. The
683 rules must consider conventional and enhanced nutrient-reducing
684 onsite sewage treatment and disposal system designs, impaired or
685 degraded water bodies, domestic wastewater and drinking water
686 infrastructure, potable water sources, nonpotable wells,
687 stormwater infrastructure, the onsite sewage treatment and
688 disposal system remediation plans developed pursuant to s.
689 403.067(7)(a)9.b., nutrient pollution, and the recommendations
690 of the onsite sewage treatment and disposal systems technical
691 advisory committee established pursuant to s. 381.00652. The
692 rules must also allow a person to apply for and receive a
693 variance from a rule requirement upon demonstration that the
694 requirement would cause an undue hardship and granting the
695 variance would not cause or contribute to the exceedance of a
696 total maximum daily load.
697 (f)(e) Onsite sewage treatment and disposal systems that
698 are permitted before the rules in paragraph (e) take effect may
699 must not be placed closer than:
700 1. Seventy-five feet from a private potable well.
701 2. Two hundred feet from a public potable well serving a
702 residential or nonresidential establishment having a total
703 sewage flow of greater than 2,000 gallons per day.
704 3. One hundred feet from a public potable well serving a
705 residential or nonresidential establishment having a total
706 sewage flow of less than or equal to 2,000 gallons per day.
707 4. Fifty feet from any nonpotable well.
708 5. Ten feet from any storm sewer pipe, to the maximum
709 extent possible, but in no instance shall the setback be less
710 than 5 feet.
711 6. Seventy-five feet from the mean high-water line of a
712 tidally influenced surface water body.
713 7. Seventy-five feet from the mean annual flood line of a
714 permanent nontidal surface water body.
715 8. Fifteen feet from the design high-water line of
716 retention areas, detention areas, or swales designed to contain
717 standing or flowing water for less than 72 hours after a
718 rainfall or the design high-water level of normally dry drainage
719 ditches or normally dry individual lot stormwater retention
720 areas.
721 (f) Except as provided under paragraphs (e) and (t), no
722 limitations shall be imposed by rule, relating to the distance
723 between an onsite disposal system and any area that either
724 permanently or temporarily has visible surface water.
725 (g) All provisions of This section and rules adopted under
726 this section relating to soil condition, water table elevation,
727 distance, and other setback requirements must be equally applied
728 to all lots, with the following exceptions:
729 1. Any residential lot that was platted and recorded on or
730 after January 1, 1972, or that is part of a residential
731 subdivision that was approved by the appropriate permitting
732 agency on or after January 1, 1972, and that was eligible for an
733 onsite sewage treatment and disposal system construction permit
734 on the date of such platting and recording or approval shall be
735 eligible for an onsite sewage treatment and disposal system
736 construction permit, regardless of when the application for a
737 permit is made. If rules in effect at the time the permit
738 application is filed cannot be met, residential lots platted and
739 recorded or approved on or after January 1, 1972, shall, to the
740 maximum extent possible, comply with the rules in effect at the
741 time the permit application is filed. At a minimum, however,
742 those residential lots platted and recorded or approved on or
743 after January 1, 1972, but before January 1, 1983, shall comply
744 with those rules in effect on January 1, 1983, and those
745 residential lots platted and recorded or approved on or after
746 January 1, 1983, shall comply with those rules in effect at the
747 time of such platting and recording or approval. In determining
748 the maximum extent of compliance with current rules that is
749 possible, the department shall allow structures and
750 appurtenances thereto which were authorized at the time such
751 lots were platted and recorded or approved.
752 2. Lots platted before 1972 are subject to a 50-foot
753 minimum surface water setback and are not subject to lot size
754 requirements. The projected daily flow for onsite sewage
755 treatment and disposal systems for lots platted before 1972 may
756 not exceed:
757 a. Two thousand five hundred gallons per acre per day for
758 lots served by public water systems as defined in s. 403.852.
759 b. One thousand five hundred gallons per acre per day for
760 lots served by water systems regulated under s. 381.0062.
761 (h)1. The department may grant variances in hardship cases
762 which may be less restrictive than the provisions specified in
763 this section. If a variance is granted and the onsite sewage
764 treatment and disposal system construction permit has been
765 issued, the variance may be transferred with the system
766 construction permit, if the transferee files, within 60 days
767 after the transfer of ownership, an amended construction permit
768 application providing all corrected information and proof of
769 ownership of the property and if the same variance would have
770 been required for the new owner of the property as was
771 originally granted to the original applicant for the variance. A
772 There is no fee is not associated with the processing of this
773 supplemental information. A variance may not be granted under
774 this section until the department is satisfied that:
775 a. The hardship was not caused intentionally by the action
776 of the applicant;
777 b. A No reasonable alternative, taking into consideration
778 factors such as cost, does not exist exists for the treatment of
779 the sewage; and
780 c. The discharge from the onsite sewage treatment and
781 disposal system will not adversely affect the health of the
782 applicant or the public or significantly degrade the groundwater
783 or surface waters.
784
785 Where soil conditions, water table elevation, and setback
786 provisions are determined by the department to be satisfactory,
787 special consideration must be given to those lots platted before
788 1972.
789 2. The department shall appoint and staff a variance review
790 and advisory committee, which shall meet monthly to recommend
791 agency action on variance requests. The committee shall make its
792 recommendations on variance requests at the meeting in which the
793 application is scheduled for consideration, except for an
794 extraordinary change in circumstances, the receipt of new
795 information that raises new issues, or when the applicant
796 requests an extension. The committee shall consider the criteria
797 in subparagraph 1. in its recommended agency action on variance
798 requests and shall also strive to allow property owners the full
799 use of their land where possible. The committee consists of the
800 following:
801 a. The Secretary of Environmental Protection State Surgeon
802 General or his or her designee.
803 b. A representative from the county health departments.
804 c. A representative from the home building industry
805 recommended by the Florida Home Builders Association.
806 d. A representative from the septic tank industry
807 recommended by the Florida Onsite Wastewater Association.
808 e. A representative from the Department of Health
809 Environmental Protection.
810 f. A representative from the real estate industry who is
811 also a developer in this state who develops lots using onsite
812 sewage treatment and disposal systems, recommended by the
813 Florida Association of Realtors.
814 g. A representative from the engineering profession
815 recommended by the Florida Engineering Society.
816
817 Members shall be appointed for a term of 3 years, with such
818 appointments being staggered so that the terms of no more than
819 two members expire in any one year. Members shall serve without
820 remuneration, but if requested, shall be reimbursed for per diem
821 and travel expenses as provided in s. 112.061.
822 (i) A construction permit may not be issued for an onsite
823 sewage treatment and disposal system in any area zoned or used
824 for industrial or manufacturing purposes, or its equivalent,
825 where a publicly owned or investor-owned sewage treatment system
826 is available, or where a likelihood exists that the system will
827 receive toxic, hazardous, or industrial waste. An existing
828 onsite sewage treatment and disposal system may be repaired if a
829 publicly owned or investor-owned sewage treatment sewerage
830 system is not available within 500 feet of the building sewer
831 stub-out and if system construction and operation standards can
832 be met. This paragraph does not require publicly owned or
833 investor-owned sewage sewerage treatment systems to accept
834 anything other than domestic wastewater.
835 1. A building located in an area zoned or used for
836 industrial or manufacturing purposes, or its equivalent, when
837 such building is served by an onsite sewage treatment and
838 disposal system, must not be occupied until the owner or tenant
839 has obtained written approval from the department. The
840 department may shall not grant approval when the proposed use of
841 the system is to dispose of toxic, hazardous, or industrial
842 wastewater or toxic or hazardous chemicals.
843 2. Each person who owns or operates a business or facility
844 in an area zoned or used for industrial or manufacturing
845 purposes, or its equivalent, or who owns or operates a business
846 that has the potential to generate toxic, hazardous, or
847 industrial wastewater or toxic or hazardous chemicals, and uses
848 an onsite sewage treatment and disposal system that is installed
849 on or after July 5, 1989, must obtain an annual system operating
850 permit from the department. A person who owns or operates a
851 business that uses an onsite sewage treatment and disposal
852 system that was installed and approved before July 5, 1989, does
853 not need to not obtain a system operating permit. However, upon
854 change of ownership or tenancy, the new owner or operator must
855 notify the department of the change, and the new owner or
856 operator must obtain an annual system operating permit,
857 regardless of the date that the system was installed or
858 approved.
859 3. The department shall periodically review and evaluate
860 the continued use of onsite sewage treatment and disposal
861 systems in areas zoned or used for industrial or manufacturing
862 purposes, or its equivalent, and may require the collection and
863 analyses of samples from within and around such systems. If the
864 department finds that toxic or hazardous chemicals or toxic,
865 hazardous, or industrial wastewater have been or are being
866 disposed of through an onsite sewage treatment and disposal
867 system, the department shall initiate enforcement actions
868 against the owner or tenant to ensure adequate cleanup,
869 treatment, and disposal.
870 (j) An onsite sewage treatment and disposal system designed
871 by a professional engineer registered in the state and certified
872 by such engineer as complying with performance criteria adopted
873 by the department must be approved by the department subject to
874 the following:
875 1. The performance criteria applicable to engineer-designed
876 systems must be limited to those necessary to ensure that such
877 systems do not adversely affect the public health or
878 significantly degrade the groundwater or surface water. Such
879 performance criteria shall include consideration of the quality
880 of system effluent, the proposed total sewage flow per acre,
881 wastewater treatment capabilities of the natural or replaced
882 soil, water quality classification of the potential surface
883 water-receiving body, and the structural and maintenance
884 viability of the system for the treatment of domestic
885 wastewater. However, performance criteria shall address only the
886 performance of a system and not a system’s design.
887 2. A person electing to use utilize an engineer-designed
888 system shall, upon completion of the system design, submit such
889 design, certified by a registered professional engineer, to the
890 county health department. The county health department may use
891 utilize an outside consultant to review the engineer-designed
892 system, with the actual cost of such review to be borne by the
893 applicant. Within 5 working days after receiving an engineer
894 designed system permit application, the county health department
895 shall request additional information if the application is not
896 complete. Within 15 working days after receiving a complete
897 application for an engineer-designed system, the county health
898 department either shall issue the permit or, if it determines
899 that the system does not comply with the performance criteria,
900 shall notify the applicant of that determination and refer the
901 application to the department for a determination as to whether
902 the system should be approved, disapproved, or approved with
903 modification. The department engineer’s determination shall
904 prevail over the action of the county health department. The
905 applicant shall be notified in writing of the department’s
906 determination and of the applicant’s rights to pursue a variance
907 or seek review under the provisions of chapter 120.
908 3. The owner of an engineer-designed performance-based
909 system must maintain a current maintenance service agreement
910 with a maintenance entity permitted by the department. The
911 maintenance entity shall inspect each system at least twice each
912 year and shall report quarterly to the department on the number
913 of systems inspected and serviced. The reports may be submitted
914 electronically.
915 4. The property owner of an owner-occupied, single-family
916 residence may be approved and permitted by the department as a
917 maintenance entity for his or her own performance-based
918 treatment system upon written certification from the system
919 manufacturer’s approved representative that the property owner
920 has received training on the proper installation and service of
921 the system. The maintenance service agreement must conspicuously
922 disclose that the property owner has the right to maintain his
923 or her own system and is exempt from contractor registration
924 requirements for performing construction, maintenance, or
925 repairs on the system but is subject to all permitting
926 requirements.
927 5. The property owner shall obtain a biennial system
928 operating permit from the department for each system. The
929 department shall inspect the system at least annually, or on
930 such periodic basis as the fee collected permits, and may
931 collect system-effluent samples if appropriate to determine
932 compliance with the performance criteria. The fee for the
933 biennial operating permit shall be collected beginning with the
934 second year of system operation.
935 6. If an engineer-designed system fails to properly
936 function or fails to meet performance standards, the system
937 shall be re-engineered, if necessary, to bring the system into
938 compliance with the provisions of this section.
939 (k) An innovative system may be approved in conjunction
940 with an engineer-designed site-specific system that which is
941 certified by the engineer to meet the performance-based criteria
942 adopted by the department.
943 (l) For the Florida Keys, the department shall adopt a
944 special rule for the construction, installation, modification,
945 operation, repair, maintenance, and performance of onsite sewage
946 treatment and disposal systems which considers the unique soil
947 conditions and water table elevations, densities, and setback
948 requirements. On lots where a setback distance of 75 feet from
949 surface waters, saltmarsh, and buttonwood association habitat
950 areas cannot be met, an injection well, approved and permitted
951 by the department, may be used for disposal of effluent from
952 onsite sewage treatment and disposal systems. The following
953 additional requirements apply to onsite sewage treatment and
954 disposal systems in Monroe County:
955 1. The county, each municipality, and those special
956 districts established for the purpose of the collection,
957 transmission, treatment, or disposal of sewage shall ensure, in
958 accordance with the specific schedules adopted by the
959 Administration Commission under s. 380.0552, the completion of
960 onsite sewage treatment and disposal system upgrades to meet the
961 requirements of this paragraph.
962 2. Onsite sewage treatment and disposal systems must cease
963 discharge by December 31, 2015, or must comply with department
964 rules and provide the level of treatment which, on a permitted
965 annual average basis, produces an effluent that contains no more
966 than the following concentrations:
967 a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
968 b. Suspended Solids of 10 mg/l.
969 c. Total Nitrogen, expressed as N, of 10 mg/l or a
970 reduction in nitrogen of at least 70 percent. A system that has
971 been tested and certified to reduce nitrogen concentrations by
972 at least 70 percent shall be deemed to be in compliance with
973 this standard.
974 d. Total Phosphorus, expressed as P, of 1 mg/l.
975
976 In addition, onsite sewage treatment and disposal systems
977 discharging to an injection well must provide basic disinfection
978 as defined by department rule.
979 3. In areas not scheduled to be served by a central
980 sewerage system sewer, onsite sewage treatment and disposal
981 systems must, by December 31, 2015, comply with department rules
982 and provide the level of treatment described in subparagraph 2.
983 4. In areas scheduled to be served by a central sewerage
984 system sewer by December 31, 2015, if the property owner has
985 paid a connection fee or assessment for connection to the
986 central sewerage sewer system, the property owner may install a
987 holding tank with a high water alarm or an onsite sewage
988 treatment and disposal system that meets the following minimum
989 standards:
990 a. The existing tanks must be pumped and inspected and
991 certified as being watertight and free of defects in accordance
992 with department rule; and
993 b. A sand-lined drainfield or injection well in accordance
994 with department rule must be installed.
995 5. Onsite sewage treatment and disposal systems must be
996 monitored for total nitrogen and total phosphorus concentrations
997 as required by department rule.
998 6. The department shall enforce proper installation,
999 operation, and maintenance of onsite sewage treatment and
1000 disposal systems pursuant to this chapter, including ensuring
1001 that the appropriate level of treatment described in
1002 subparagraph 2. is met.
1003 7. The authority of a local government, including a special
1004 district, to mandate connection of an onsite sewage treatment
1005 and disposal system is governed by s. 4, chapter 99-395, Laws of
1006 Florida.
1007 8. Notwithstanding any other provision of law, an onsite
1008 sewage treatment and disposal system installed after July 1,
1009 2010, in unincorporated Monroe County, excluding special
1010 wastewater districts, that complies with the standards in
1011 subparagraph 2. is not required to connect to a central sewerage
1012 sewer system until December 31, 2020.
1013 (m) A No product sold in the state for use in onsite sewage
1014 treatment and disposal systems may not contain any substance in
1015 concentrations or amounts that would interfere with or prevent
1016 the successful operation of such system, or that would cause
1017 discharges from such systems to violate applicable water quality
1018 standards. The department shall publish criteria for products
1019 known or expected to meet the conditions of this paragraph. If
1020 In the event a product does not meet such criteria, such product
1021 may be sold if the manufacturer satisfactorily demonstrates to
1022 the department that the conditions of this paragraph are met.
1023 (n) Evaluations for determining the seasonal high-water
1024 table elevations or the suitability of soils for the use of a
1025 new onsite sewage treatment and disposal system shall be
1026 performed by department personnel, professional engineers
1027 registered in the state, or such other persons with expertise,
1028 as defined by rule, in making such evaluations. Evaluations for
1029 determining mean annual flood lines shall be performed by those
1030 persons identified in paragraph (2)(k) (2)(j). The department
1031 shall accept evaluations submitted by professional engineers and
1032 such other persons as meet the expertise established by this
1033 section or by rule unless the department has a reasonable
1034 scientific basis for questioning the accuracy or completeness of
1035 the evaluation.
1036 (o) The department shall appoint a research review and
1037 advisory committee, which shall meet at least semiannually. The
1038 committee shall advise the department on directions for new
1039 research, review and rank proposals for research contracts, and
1040 review draft research reports and make comments. The committee
1041 is comprised of:
1042 1. A representative of the State Surgeon General, or his or
1043 her designee.
1044 2. A representative from the septic tank industry.
1045 3. A representative from the home building industry.
1046 4. A representative from an environmental interest group.
1047 5. A representative from the State University System, from
1048 a department knowledgeable about onsite sewage treatment and
1049 disposal systems.
1050 6. A professional engineer registered in this state who has
1051 work experience in onsite sewage treatment and disposal systems.
1052 7. A representative from local government who is
1053 knowledgeable about domestic wastewater treatment.
1054 8. A representative from the real estate profession.
1055 9. A representative from the restaurant industry.
1056 10. A consumer.
1057
1058 Members shall be appointed for a term of 3 years, with the
1059 appointments being staggered so that the terms of no more than
1060 four members expire in any one year. Members shall serve without
1061 remuneration, but are entitled to reimbursement for per diem and
1062 travel expenses as provided in s. 112.061.
1063 (o)(p) An application for an onsite sewage treatment and
1064 disposal system permit shall be completed in full, signed by the
1065 owner or the owner’s authorized representative, or by a
1066 contractor licensed under chapter 489, and shall be accompanied
1067 by all required exhibits and fees. No Specific documentation of
1068 property ownership is not shall be required as a prerequisite to
1069 the review of an application or the issuance of a permit. The
1070 issuance of a permit does not constitute determination by the
1071 department of property ownership.
1072 (p)(q) The department may not require any form of
1073 subdivision analysis of property by an owner, developer, or
1074 subdivider before prior to submission of an application for an
1075 onsite sewage treatment and disposal system.
1076 (q)(r) Nothing in This section does not limit limits the
1077 power of a municipality or county to enforce other laws for the
1078 protection of the public health and safety.
1079 (r)(s) In the siting of onsite sewage treatment and
1080 disposal systems, including drainfields, shoulders, and slopes,
1081 guttering may shall not be required on single-family residential
1082 dwelling units for systems located greater than 5 feet from the
1083 roof drip line of the house. If guttering is used on residential
1084 dwelling units, the downspouts shall be directed away from the
1085 drainfield.
1086 (s)(t) Notwithstanding the provisions of subparagraph
1087 (g)1., onsite sewage treatment and disposal systems located in
1088 floodways of the Suwannee and Aucilla Rivers must adhere to the
1089 following requirements:
1090 1. The absorption surface of the drainfield may shall not
1091 be subject to flooding based on 10-year flood elevations.
1092 Provided, however, for lots or parcels created by the
1093 subdivision of land in accordance with applicable local
1094 government regulations before prior to January 17, 1990, if an
1095 applicant cannot construct a drainfield system with the
1096 absorption surface of the drainfield at an elevation equal to or
1097 above 10-year flood elevation, the department shall issue a
1098 permit for an onsite sewage treatment and disposal system within
1099 the 10-year floodplain of rivers, streams, and other bodies of
1100 flowing water if all of the following criteria are met:
1101 a. The lot is at least one-half acre in size;
1102 b. The bottom of the drainfield is at least 36 inches above
1103 the 2-year flood elevation; and
1104 c. The applicant installs either: a waterless,
1105 incinerating, or organic waste composting toilet and a graywater
1106 system and drainfield in accordance with department rules; an
1107 aerobic treatment unit and drainfield in accordance with
1108 department rules; a system approved by the State Health Office
1109 that is capable of reducing effluent nitrate by at least 50
1110 percent in accordance with department rules; or a system other
1111 than a system using alternative drainfield materials in
1112 accordance with department rules approved by the county health
1113 department pursuant to department rule other than a system using
1114 alternative drainfield materials. The United States Department
1115 of Agriculture Soil Conservation Service soil maps, State of
1116 Florida Water Management District data, and Federal Emergency
1117 Management Agency Flood Insurance maps are resources that shall
1118 be used to identify flood-prone areas.
1119 2. The use of fill or mounding to elevate a drainfield
1120 system out of the 10-year floodplain of rivers, streams, or
1121 other bodies of flowing water may shall not be permitted if such
1122 a system lies within a regulatory floodway of the Suwannee and
1123 Aucilla Rivers. In cases where the 10-year flood elevation does
1124 not coincide with the boundaries of the regulatory floodway, the
1125 regulatory floodway will be considered for the purposes of this
1126 subsection to extend at a minimum to the 10-year flood
1127 elevation.
1128 (t)1.(u)1. The owner of an aerobic treatment unit system
1129 shall maintain a current maintenance service agreement with an
1130 aerobic treatment unit maintenance entity permitted by the
1131 department. The maintenance entity shall inspect each aerobic
1132 treatment unit system at least twice each year and shall report
1133 quarterly to the department on the number of aerobic treatment
1134 unit systems inspected and serviced. The reports may be
1135 submitted electronically.
1136 2. The property owner of an owner-occupied, single-family
1137 residence may be approved and permitted by the department as a
1138 maintenance entity for his or her own aerobic treatment unit
1139 system upon written certification from the system manufacturer’s
1140 approved representative that the property owner has received
1141 training on the proper installation and service of the system.
1142 The maintenance entity service agreement must conspicuously
1143 disclose that the property owner has the right to maintain his
1144 or her own system and is exempt from contractor registration
1145 requirements for performing construction, maintenance, or
1146 repairs on the system but is subject to all permitting
1147 requirements.
1148 3. A septic tank contractor licensed under part III of
1149 chapter 489, if approved by the manufacturer, may not be denied
1150 access by the manufacturer to aerobic treatment unit system
1151 training or spare parts for maintenance entities. After the
1152 original warranty period, component parts for an aerobic
1153 treatment unit system may be replaced with parts that meet
1154 manufacturer’s specifications but are manufactured by others.
1155 The maintenance entity shall maintain documentation of the
1156 substitute part’s equivalency for 2 years and shall provide such
1157 documentation to the department upon request.
1158 4. The owner of an aerobic treatment unit system shall
1159 obtain a system operating permit from the department and allow
1160 the department to inspect during reasonable hours each aerobic
1161 treatment unit system at least annually, and such inspection may
1162 include collection and analysis of system-effluent samples for
1163 performance criteria established by rule of the department.
1164 (u)(v) The department may require the submission of
1165 detailed system construction plans that are prepared by a
1166 professional engineer registered in this state. The department
1167 shall establish by rule criteria for determining when such a
1168 submission is required.
1169 (v)(w) Any permit issued and approved by the department for
1170 the installation, modification, or repair of an onsite sewage
1171 treatment and disposal system shall transfer with the title to
1172 the property in a real estate transaction. A title may not be
1173 encumbered at the time of transfer by new permit requirements by
1174 a governmental entity for an onsite sewage treatment and
1175 disposal system which differ from the permitting requirements in
1176 effect at the time the system was permitted, modified, or
1177 repaired. An inspection of a system may not be mandated by a
1178 governmental entity at the point of sale in a real estate
1179 transaction. This paragraph does not affect a septic tank phase
1180 out deferral program implemented by a consolidated government as
1181 defined in s. 9, Art. VIII of the State Constitution (1885).
1182 (w)(x) A governmental entity, including a municipality,
1183 county, or statutorily created commission, may not require an
1184 engineer-designed performance-based treatment system, excluding
1185 a passive engineer-designed performance-based treatment system,
1186 before the completion of the Florida Onsite Sewage Nitrogen
1187 Reduction Strategies Project. This paragraph does not apply to a
1188 governmental entity, including a municipality, county, or
1189 statutorily created commission, which adopted a local law,
1190 ordinance, or regulation on or before January 31, 2012.
1191 Notwithstanding this paragraph, an engineer-designed
1192 performance-based treatment system may be used to meet the
1193 requirements of the variance review and advisory committee
1194 recommendations.
1195 (x)1.(y)1. An onsite sewage treatment and disposal system
1196 is not considered abandoned if the system is disconnected from a
1197 structure that was made unusable or destroyed following a
1198 disaster and if the system was properly functioning at the time
1199 of disconnection and was not adversely affected by the disaster.
1200 The onsite sewage treatment and disposal system may be
1201 reconnected to a rebuilt structure if:
1202 a. The reconnection of the system is to the same type of
1203 structure which contains the same number of bedrooms or fewer,
1204 if the square footage of the structure is less than or equal to
1205 110 percent of the original square footage of the structure that
1206 existed before the disaster;
1207 b. The system is not a sanitary nuisance; and
1208 c. The system has not been altered without prior
1209 authorization.
1210 2. An onsite sewage treatment and disposal system that
1211 serves a property that is foreclosed upon is not considered
1212 abandoned.
1213 (y)(z) If an onsite sewage treatment and disposal system
1214 permittee receives, relies upon, and undertakes construction of
1215 a system based upon a validly issued construction permit under
1216 rules applicable at the time of construction but a change to a
1217 rule occurs within 5 years after the approval of the system for
1218 construction but before the final approval of the system, the
1219 rules applicable and in effect at the time of construction
1220 approval apply at the time of final approval if fundamental site
1221 conditions have not changed between the time of construction
1222 approval and final approval.
1223 (z)(aa) An existing-system inspection or evaluation and
1224 assessment, or a modification, replacement, or upgrade of an
1225 onsite sewage treatment and disposal system is not required for
1226 a remodeling addition or modification to a single-family home if
1227 a bedroom is not added. However, a remodeling addition or
1228 modification to a single-family home may not cover any part of
1229 the existing system or encroach upon a required setback or the
1230 unobstructed area. To determine if a setback or the unobstructed
1231 area is impacted, the local health department shall review and
1232 verify a floor plan and site plan of the proposed remodeling
1233 addition or modification to the home submitted by a remodeler
1234 which shows the location of the system, including the distance
1235 of the remodeling addition or modification to the home from the
1236 onsite sewage treatment and disposal system. The local health
1237 department may visit the site or otherwise determine the best
1238 means of verifying the information submitted. A verification of
1239 the location of a system is not an inspection or evaluation and
1240 assessment of the system. The review and verification must be
1241 completed within 7 business days after receipt by the local
1242 health department of a floor plan and site plan. If the review
1243 and verification is not completed within such time, the
1244 remodeling addition or modification to the single-family home,
1245 for the purposes of this paragraph, is approved.
1246 Section 8. Section 381.00652, Florida Statutes, is created
1247 to read:
1248 381.00652 Onsite sewage treatment and disposal systems
1249 technical advisory committee.—
1250 (1) As used in this section, the term “department” means
1251 the Department of Environmental Protection.
1252 (2) An onsite sewage treatment and disposal systems
1253 technical advisory committee, a committee as defined in s.
1254 20.03(8), is created within the department. The committee shall:
1255 (a) Provide recommendations to increase the availability of
1256 enhanced nutrient-reducing onsite sewage treatment and disposal
1257 systems in the marketplace, including such systems that are
1258 cost-effective, low maintenance, and reliable.
1259 (b) Consider and recommend regulatory options, such as
1260 fast-track approval, prequalification, or expedited permitting,
1261 to facilitate the introduction and use of enhanced nutrient
1262 reducing onsite sewage treatment and disposal systems that have
1263 been reviewed and approved by a national agency or organization,
1264 such as the American National Standards Institute 245 systems
1265 approved by the NSF International.
1266 (c) Provide recommendations for appropriate setback
1267 distances for onsite sewage treatment and disposal systems from
1268 surface water, groundwater, and wells.
1269 (3) The department shall use existing and available
1270 resources to administer and support the activities of the
1271 committee.
1272 (4)(a) By August 1, 2021, the department, in consultation
1273 with the Department of Health, shall appoint no more than 10
1274 members to the committee, as follows:
1275 1. A professional engineer.
1276 2. A septic tank contractor.
1277 3. Two representatives from the home building industry.
1278 4. A representative from the real estate industry.
1279 5. A representative from the onsite sewage treatment and
1280 disposal system industry.
1281 6. A representative from local government.
1282 7. Two representatives from the environmental community.
1283 8. A representative of the scientific and technical
1284 community who has substantial expertise in the areas of the fate
1285 and transport of water pollutants, toxicology, epidemiology,
1286 geology, biology, or environmental sciences.
1287 (b) Members shall serve without compensation and are not
1288 entitled to reimbursement for per diem or travel expenses.
1289 (5) By January 1, 2022, the committee shall submit its
1290 recommendations to the Governor, the President of the Senate,
1291 and the Speaker of the House of Representatives.
1292 (6) This section expires August 15, 2022.
1293 Section 9. Effective July 1, 2021, section 381.0068,
1294 Florida Statutes, is repealed.
1295 Section 10. Present subsections (14) through (44) of
1296 section 403.061, Florida Statutes, are redesignated as
1297 subsections (15) through (45), respectively, subsection (7) is
1298 amended, and a new subsection (14) is added to that section, to
1299 read:
1300 403.061 Department; powers and duties.—The department shall
1301 have the power and the duty to control and prohibit pollution of
1302 air and water in accordance with the law and rules adopted and
1303 promulgated by it and, for this purpose, to:
1304 (7) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
1305 implement the provisions of this act. Any rule adopted pursuant
1306 to this act must shall be consistent with the provisions of
1307 federal law, if any, relating to control of emissions from motor
1308 vehicles, effluent limitations, pretreatment requirements, or
1309 standards of performance. A No county, municipality, or
1310 political subdivision may not shall adopt or enforce any local
1311 ordinance, special law, or local regulation requiring the
1312 installation of Stage II vapor recovery systems, as currently
1313 defined by department rule, unless such county, municipality, or
1314 political subdivision is or has been in the past designated by
1315 federal regulation as a moderate, serious, or severe ozone
1316 nonattainment area. Rules adopted pursuant to this act may shall
1317 not require dischargers of waste into waters of the state to
1318 improve natural background conditions. The department shall
1319 adopt rules to reasonably limit, reduce, and eliminate domestic
1320 wastewater collection and transmission system pipe leakages and
1321 inflow and infiltration. Discharges from steam electric
1322 generating plants existing or licensed under this chapter on
1323 July 1, 1984, may shall not be required to be treated to a
1324 greater extent than may be necessary to assure that the quality
1325 of nonthermal components of discharges from nonrecirculated
1326 cooling water systems is as high as the quality of the makeup
1327 waters; that the quality of nonthermal components of discharges
1328 from recirculated cooling water systems is no lower than is
1329 allowed for blowdown from such systems; or that the quality of
1330 noncooling system discharges which receive makeup water from a
1331 receiving body of water which does not meet applicable
1332 department water quality standards is as high as the quality of
1333 the receiving body of water. The department may not adopt
1334 standards more stringent than federal regulations, except as
1335 provided in s. 403.804.
1336 (14) In order to promote resilient utilities, require
1337 public utilities or their affiliated companies holding, applying
1338 for, or renewing a domestic wastewater discharge permit to file
1339 annual reports and other data regarding transactions or
1340 allocations of common costs and expenditures on pollution
1341 mitigation and prevention among the utility’s permitted systems,
1342 including, but not limited to, the prevention of sanitary sewer
1343 overflows, collection and transmission system pipe leakages, and
1344 inflow and infiltration. The department shall adopt rules to
1345 implement this subsection.
1346
1347 The department shall implement such programs in conjunction with
1348 its other powers and duties and shall place special emphasis on
1349 reducing and eliminating contamination that presents a threat to
1350 humans, animals or plants, or to the environment.
1351 Section 11. Section 403.0616, Florida Statutes, is created
1352 to read:
1353 403.0616 Real-time water quality monitoring program.—
1354 (1) Subject to appropriation, the department shall
1355 establish a real-time water quality monitoring program to assist
1356 in the restoration, preservation, and enhancement of impaired
1357 water bodies and coastal resources.
1358 (2) In order to expedite the creation and implementation of
1359 the program, the department is encouraged to form public-private
1360 partnerships with established scientific entities that have
1361 proven existing real-time water quality monitoring equipment and
1362 experience in deploying the equipment.
1363 Section 12. Subsection (17) is added to section 403.064,
1364 Florida Statutes, to read:
1365 403.064 Reuse of reclaimed water.—
1366 (17) By December 31, 2020, the department shall initiate
1367 rule revisions based on the recommendations of the Potable Reuse
1368 Commission’s 2020 report “Advancing Potable Reuse in Florida:
1369 Framework for the Implementation of Potable Reuse in Florida.”
1370 Rules for potable reuse projects must address contaminants of
1371 emerging concern and meet or exceed federal and state drinking
1372 water quality standards and other applicable water quality
1373 standards. Reclaimed water is deemed a water source for public
1374 water supply systems.
1375 Section 13. Subsection (7) of section 403.067, Florida
1376 Statutes, is amended to read:
1377 403.067 Establishment and implementation of total maximum
1378 daily loads.—
1379 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
1380 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
1381 (a) Basin management action plans.—
1382 1. In developing and implementing the total maximum daily
1383 load for a water body, the department, or the department in
1384 conjunction with a water management district, may develop a
1385 basin management action plan that addresses some or all of the
1386 watersheds and basins tributary to the water body. Such plan
1387 must integrate the appropriate management strategies available
1388 to the state through existing water quality protection programs
1389 to achieve the total maximum daily loads and may provide for
1390 phased implementation of these management strategies to promote
1391 timely, cost-effective actions as provided for in s. 403.151.
1392 The plan must establish a schedule implementing the management
1393 strategies, establish a basis for evaluating the plan’s
1394 effectiveness, and identify feasible funding strategies for
1395 implementing the plan’s management strategies. The management
1396 strategies may include regional treatment systems or other
1397 public works, when where appropriate, and voluntary trading of
1398 water quality credits to achieve the needed pollutant load
1399 reductions.
1400 2. A basin management action plan must equitably allocate,
1401 pursuant to paragraph (6)(b), pollutant reductions to individual
1402 basins, as a whole to all basins, or to each identified point
1403 source or category of nonpoint sources, as appropriate. For
1404 nonpoint sources for which best management practices have been
1405 adopted, the initial requirement specified by the plan must be
1406 those practices developed pursuant to paragraph (c). When Where
1407 appropriate, the plan may take into account the benefits of
1408 pollutant load reduction achieved by point or nonpoint sources
1409 that have implemented management strategies to reduce pollutant
1410 loads, including best management practices, before the
1411 development of the basin management action plan. The plan must
1412 also identify the mechanisms that will address potential future
1413 increases in pollutant loading.
1414 3. The basin management action planning process is intended
1415 to involve the broadest possible range of interested parties,
1416 with the objective of encouraging the greatest amount of
1417 cooperation and consensus possible. In developing a basin
1418 management action plan, the department shall assure that key
1419 stakeholders, including, but not limited to, applicable local
1420 governments, water management districts, the Department of
1421 Agriculture and Consumer Services, other appropriate state
1422 agencies, local soil and water conservation districts,
1423 environmental groups, regulated interests, and affected
1424 pollution sources, are invited to participate in the process.
1425 The department shall hold at least one public meeting in the
1426 vicinity of the watershed or basin to discuss and receive
1427 comments during the planning process and shall otherwise
1428 encourage public participation to the greatest practicable
1429 extent. Notice of the public meeting must be published in a
1430 newspaper of general circulation in each county in which the
1431 watershed or basin lies at least not less than 5 days, but not
1432 nor more than 15 days, before the public meeting. A basin
1433 management action plan does not supplant or otherwise alter any
1434 assessment made under subsection (3) or subsection (4) or any
1435 calculation or initial allocation.
1436 4. Each new or revised basin management action plan shall
1437 include:
1438 a. The appropriate management strategies available through
1439 existing water quality protection programs to achieve total
1440 maximum daily loads, which may provide for phased implementation
1441 to promote timely, cost-effective actions as provided for in s.
1442 403.151;
1443 b. A description of best management practices adopted by
1444 rule;
1445 c. A list of projects in priority ranking with a planning
1446 level cost estimate and estimated date of completion for each
1447 listed project;
1448 d. The source and amount of financial assistance to be made
1449 available by the department, a water management district, or
1450 other entity for each listed project, if applicable; and
1451 e. A planning-level estimate of each listed project’s
1452 expected load reduction, if applicable.
1453 5. The department shall adopt all or any part of a basin
1454 management action plan and any amendment to such plan by
1455 secretarial order pursuant to chapter 120 to implement the
1456 provisions of this section.
1457 6. The basin management action plan must include milestones
1458 for implementation and water quality improvement, and an
1459 associated water quality monitoring component sufficient to
1460 evaluate whether reasonable progress in pollutant load
1461 reductions is being achieved over time. An assessment of
1462 progress toward these milestones shall be conducted every 5
1463 years, and revisions to the plan shall be made as appropriate.
1464 Revisions to the basin management action plan shall be made by
1465 the department in cooperation with basin stakeholders. Revisions
1466 to the management strategies required for nonpoint sources must
1467 follow the procedures set forth in subparagraph (c)4. Revised
1468 basin management action plans must be adopted pursuant to
1469 subparagraph 5.
1470 7. In accordance with procedures adopted by rule under
1471 paragraph (9)(c), basin management action plans, and other
1472 pollution control programs under local, state, or federal
1473 authority as provided in subsection (4), may allow point or
1474 nonpoint sources that will achieve greater pollutant reductions
1475 than required by an adopted total maximum daily load or
1476 wasteload allocation to generate, register, and trade water
1477 quality credits for the excess reductions to enable other
1478 sources to achieve their allocation; however, the generation of
1479 water quality credits does not remove the obligation of a source
1480 or activity to meet applicable technology requirements or
1481 adopted best management practices. Such plans must allow trading
1482 between NPDES permittees, and trading that may or may not
1483 involve NPDES permittees, where the generation or use of the
1484 credits involve an entity or activity not subject to department
1485 water discharge permits whose owner voluntarily elects to obtain
1486 department authorization for the generation and sale of credits.
1487 8. The provisions of The department’s rule relating to the
1488 equitable abatement of pollutants into surface waters do not
1489 apply to water bodies or water body segments for which a basin
1490 management plan that takes into account future new or expanded
1491 activities or discharges has been adopted under this section.
1492 9. In order to promote resilient wastewater utilities, if
1493 the department identifies domestic wastewater treatment
1494 facilities or onsite sewage treatment and disposal systems as
1495 contributors of at least 20 percent of point source or nonpoint
1496 source nutrient pollution or if the department determines
1497 remediation is necessary to achieve the total maximum daily
1498 load, a basin management action plan for a nutrient total
1499 maximum daily load must include the following:
1500 a. A wastewater treatment plan developed by each local
1501 government, in cooperation with the department, the water
1502 management district, and the public and private domestic
1503 wastewater treatment facilities within the jurisdiction of the
1504 local government, that addresses domestic wastewater. The
1505 wastewater treatment plan must:
1506 (I) Provide for construction, expansion, or upgrades
1507 necessary to achieve the total maximum daily load requirements
1508 applicable to the domestic wastewater treatment facility.
1509 (II) Include the permitted capacity in average annual
1510 gallons per day for the domestic wastewater treatment facility;
1511 the average nutrient concentration and the estimated average
1512 nutrient load of the domestic wastewater; a projected timeline
1513 of the dates by which the construction of any facility
1514 improvements will begin and be completed and the date by which
1515 operations of the improved facility will begin; the estimated
1516 cost of the improvements; and the identity of responsible
1517 parties.
1518
1519 The wastewater treatment plan must be adopted as part of the
1520 basin management action plan no later than July 1, 2025. A local
1521 government that does not have a domestic wastewater treatment
1522 facility in its jurisdiction is not required to develop a
1523 wastewater treatment plan unless there is a demonstrated need to
1524 establish a domestic wastewater treatment facility within its
1525 jurisdiction to improve water quality necessary to achieve a
1526 total maximum daily load. A local government is not responsible
1527 for a private domestic wastewater facility’s compliance with a
1528 basin management action plan unless such facility is operated
1529 through a public-private partnership to which the local
1530 government is a party.
1531 b. An onsite sewage treatment and disposal system
1532 remediation plan developed by each local government in
1533 cooperation with the department, the Department of Health, water
1534 management districts, and public and private domestic wastewater
1535 treatment facilities.
1536 (I) The onsite sewage treatment and disposal system
1537 remediation plan must identify cost-effective and financially
1538 feasible projects necessary to achieve the nutrient load
1539 reductions required for onsite sewage treatment and disposal
1540 systems. To identify cost-effective and financially feasible
1541 projects for remediation of onsite sewage treatment and disposal
1542 systems, the local government shall:
1543 (A) Include an inventory of onsite sewage treatment and
1544 disposal systems based on the best information available;
1545 (B) Identify onsite sewage treatment and disposal systems
1546 that would be eliminated through connection to existing or
1547 future central domestic wastewater infrastructure in the
1548 jurisdiction or domestic wastewater service area of the local
1549 government, that would be replaced with or upgraded to enhanced
1550 nutrient-reducing onsite sewage treatment and disposal systems,
1551 or that would remain on conventional onsite sewage treatment and
1552 disposal systems;
1553 (C) Estimate the costs of potential onsite sewage treatment
1554 and disposal system connections, upgrades, or replacements; and
1555 (D) Identify deadlines and interim milestones for the
1556 planning, design, and construction of projects.
1557 (II) The department shall adopt the onsite sewage treatment
1558 and disposal system remediation plan as part of the basin
1559 management action plan no later than July 1, 2025, or as
1560 required for Outstanding Florida Springs under s. 373.807.
1561 10. When identifying wastewater projects in a basin
1562 management action plan, the department may not require the
1563 higher cost option if it achieves the same nutrient load
1564 reduction as a lower cost option. A regulated entity may choose
1565 a different cost option if it complies with the pollutant
1566 reduction requirements of an adopted total maximum daily load
1567 and meets or exceeds the pollution reduction requirement of the
1568 original project.
1569 (b) Total maximum daily load implementation.—
1570 1. The department shall be the lead agency in coordinating
1571 the implementation of the total maximum daily loads through
1572 existing water quality protection programs. Application of a
1573 total maximum daily load by a water management district must be
1574 consistent with this section and does not require the issuance
1575 of an order or a separate action pursuant to s. 120.536(1) or s.
1576 120.54 for the adoption of the calculation and allocation
1577 previously established by the department. Such programs may
1578 include, but are not limited to:
1579 a. Permitting and other existing regulatory programs,
1580 including water-quality-based effluent limitations;
1581 b. Nonregulatory and incentive-based programs, including
1582 best management practices, cost sharing, waste minimization,
1583 pollution prevention, agreements established pursuant to s.
1584 403.061(22) s. 403.061(21), and public education;
1585 c. Other water quality management and restoration
1586 activities, for example surface water improvement and management
1587 plans approved by water management districts or basin management
1588 action plans developed pursuant to this subsection;
1589 d. Trading of water quality credits or other equitable
1590 economically based agreements;
1591 e. Public works including capital facilities; or
1592 f. Land acquisition.
1593 2. For a basin management action plan adopted pursuant to
1594 paragraph (a), any management strategies and pollutant reduction
1595 requirements associated with a pollutant of concern for which a
1596 total maximum daily load has been developed, including effluent
1597 limits set forth for a discharger subject to NPDES permitting,
1598 if any, must be included in a timely manner in subsequent NPDES
1599 permits or permit modifications for that discharger. The
1600 department may not impose limits or conditions implementing an
1601 adopted total maximum daily load in an NPDES permit until the
1602 permit expires, the discharge is modified, or the permit is
1603 reopened pursuant to an adopted basin management action plan.
1604 a. Absent a detailed allocation, total maximum daily loads
1605 must be implemented through NPDES permit conditions that provide
1606 for a compliance schedule. In such instances, a facility’s NPDES
1607 permit must allow time for the issuance of an order adopting the
1608 basin management action plan. The time allowed for the issuance
1609 of an order adopting the plan may not exceed 5 years. Upon
1610 issuance of an order adopting the plan, the permit must be
1611 reopened or renewed, as necessary, and permit conditions
1612 consistent with the plan must be established. Notwithstanding
1613 the other provisions of this subparagraph, upon request by an
1614 NPDES permittee, the department as part of a permit issuance,
1615 renewal, or modification may establish individual allocations
1616 before the adoption of a basin management action plan.
1617 b. For holders of NPDES municipal separate storm sewer
1618 system permits and other stormwater sources, implementation of a
1619 total maximum daily load or basin management action plan must be
1620 achieved, to the maximum extent practicable, through the use of
1621 best management practices or other management measures.
1622 c. The basin management action plan does not relieve the
1623 discharger from any requirement to obtain, renew, or modify an
1624 NPDES permit or to abide by other requirements of the permit.
1625 d. Management strategies set forth in a basin management
1626 action plan to be implemented by a discharger subject to
1627 permitting by the department must be completed pursuant to the
1628 schedule set forth in the basin management action plan. This
1629 implementation schedule may extend beyond the 5-year term of an
1630 NPDES permit.
1631 e. Management strategies and pollution reduction
1632 requirements set forth in a basin management action plan for a
1633 specific pollutant of concern are not subject to challenge under
1634 chapter 120 at the time they are incorporated, in an identical
1635 form, into a subsequent NPDES permit or permit modification.
1636 f. For nonagricultural pollutant sources not subject to
1637 NPDES permitting but permitted pursuant to other state,
1638 regional, or local water quality programs, the pollutant
1639 reduction actions adopted in a basin management action plan must
1640 be implemented to the maximum extent practicable as part of
1641 those permitting programs.
1642 g. A nonpoint source discharger included in a basin
1643 management action plan must demonstrate compliance with the
1644 pollutant reductions established under subsection (6) by
1645 implementing the appropriate best management practices
1646 established pursuant to paragraph (c) or conducting water
1647 quality monitoring prescribed by the department or a water
1648 management district. A nonpoint source discharger may, in
1649 accordance with department rules, supplement the implementation
1650 of best management practices with water quality credit trades in
1651 order to demonstrate compliance with the pollutant reductions
1652 established under subsection (6).
1653 h. A nonpoint source discharger included in a basin
1654 management action plan may be subject to enforcement action by
1655 the department or a water management district based upon a
1656 failure to implement the responsibilities set forth in sub
1657 subparagraph g.
1658 i. A landowner, discharger, or other responsible person who
1659 is implementing applicable management strategies specified in an
1660 adopted basin management action plan may not be required by
1661 permit, enforcement action, or otherwise to implement additional
1662 management strategies, including water quality credit trading,
1663 to reduce pollutant loads to attain the pollutant reductions
1664 established pursuant to subsection (6) and shall be deemed to be
1665 in compliance with this section. This subparagraph does not
1666 limit the authority of the department to amend a basin
1667 management action plan as specified in subparagraph (a)6.
1668 (c) Best management practices.—
1669 1. The department, in cooperation with the water management
1670 districts and other interested parties, as appropriate, may
1671 develop suitable interim measures, best management practices, or
1672 other measures necessary to achieve the level of pollution
1673 reduction established by the department for nonagricultural
1674 nonpoint pollutant sources in allocations developed pursuant to
1675 subsection (6) and this subsection. These practices and measures
1676 may be adopted by rule by the department and the water
1677 management districts and, where adopted by rule, shall be
1678 implemented by those parties responsible for nonagricultural
1679 nonpoint source pollution.
1680 2. The Department of Agriculture and Consumer Services may
1681 develop and adopt by rule pursuant to ss. 120.536(1) and 120.54
1682 suitable interim measures, best management practices, or other
1683 measures necessary to achieve the level of pollution reduction
1684 established by the department for agricultural pollutant sources
1685 in allocations developed pursuant to subsection (6) and this
1686 subsection or for programs implemented pursuant to paragraph
1687 (12)(b). These practices and measures may be implemented by
1688 those parties responsible for agricultural pollutant sources and
1689 the department, the water management districts, and the
1690 Department of Agriculture and Consumer Services shall assist
1691 with implementation. In the process of developing and adopting
1692 rules for interim measures, best management practices, or other
1693 measures, the Department of Agriculture and Consumer Services
1694 shall consult with the department, the Department of Health, the
1695 water management districts, representatives from affected
1696 farming groups, and environmental group representatives. Such
1697 rules must also incorporate provisions for a notice of intent to
1698 implement the practices and a system to assure the
1699 implementation of the practices, including site inspection and
1700 recordkeeping requirements.
1701 3. When Where interim measures, best management practices,
1702 or other measures are adopted by rule, the effectiveness of such
1703 practices in achieving the levels of pollution reduction
1704 established in allocations developed by the department pursuant
1705 to subsection (6) and this subsection or in programs implemented
1706 pursuant to paragraph (12)(b) must be verified at representative
1707 sites by the department. The department shall use best
1708 professional judgment in making the initial verification that
1709 the best management practices are reasonably expected to be
1710 effective and, when where applicable, shall must notify the
1711 appropriate water management district or the Department of
1712 Agriculture and Consumer Services of its initial verification
1713 before the adoption of a rule proposed pursuant to this
1714 paragraph. Implementation, in accordance with rules adopted
1715 under this paragraph, of practices that have been initially
1716 verified to be effective, or verified to be effective by
1717 monitoring at representative sites, by the department, shall
1718 provide a presumption of compliance with state water quality
1719 standards and release from the provisions of s. 376.307(5) for
1720 those pollutants addressed by the practices, and the department
1721 is not authorized to institute proceedings against the owner of
1722 the source of pollution to recover costs or damages associated
1723 with the contamination of surface water or groundwater caused by
1724 those pollutants. Research projects funded by the department, a
1725 water management district, or the Department of Agriculture and
1726 Consumer Services to develop or demonstrate interim measures or
1727 best management practices shall be granted a presumption of
1728 compliance with state water quality standards and a release from
1729 the provisions of s. 376.307(5). The presumption of compliance
1730 and release is limited to the research site and only for those
1731 pollutants addressed by the interim measures or best management
1732 practices. Eligibility for the presumption of compliance and
1733 release is limited to research projects on sites where the owner
1734 or operator of the research site and the department, a water
1735 management district, or the Department of Agriculture and
1736 Consumer Services have entered into a contract or other
1737 agreement that, at a minimum, specifies the research objectives,
1738 the cost-share responsibilities of the parties, and a schedule
1739 that details the beginning and ending dates of the project.
1740 4. When Where water quality problems are demonstrated,
1741 despite the appropriate implementation, operation, and
1742 maintenance of best management practices and other measures
1743 required by rules adopted under this paragraph, the department,
1744 a water management district, or the Department of Agriculture
1745 and Consumer Services, in consultation with the department,
1746 shall institute a reevaluation of the best management practice
1747 or other measure. If Should the reevaluation determines
1748 determine that the best management practice or other measure
1749 requires modification, the department, a water management
1750 district, or the Department of Agriculture and Consumer
1751 Services, as appropriate, shall revise the rule to require
1752 implementation of the modified practice within a reasonable time
1753 period as specified in the rule.
1754 5. Subject to subparagraph 6., the Department of
1755 Agriculture and Consumer Services shall provide to the
1756 department information obtained pursuant to subparagraph (d)3.
1757 6.5. Agricultural records relating to processes or methods
1758 of production, costs of production, profits, or other financial
1759 information held by the Department of Agriculture and Consumer
1760 Services pursuant to subparagraphs 3., and 4., and 5. or
1761 pursuant to any rule adopted pursuant to subparagraph 2. are
1762 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
1763 of the State Constitution. Upon request, records made
1764 confidential and exempt pursuant to this subparagraph shall be
1765 released to the department or any water management district
1766 provided that the confidentiality specified by this subparagraph
1767 for such records is maintained.
1768 7.6. The provisions of Subparagraphs 1. and 2. do not
1769 preclude the department or water management district from
1770 requiring compliance with water quality standards or with
1771 current best management practice requirements set forth in any
1772 applicable regulatory program authorized by law for the purpose
1773 of protecting water quality. Additionally, subparagraphs 1. and
1774 2. are applicable only to the extent that they do not conflict
1775 with any rules adopted by the department that are necessary to
1776 maintain a federally delegated or approved program.
1777 (d) Enforcement and verification of basin management action
1778 plans and management strategies.—
1779 1. Basin management action plans are enforceable pursuant
1780 to this section and ss. 403.121, 403.141, and 403.161.
1781 Management strategies, including best management practices and
1782 water quality monitoring, are enforceable under this chapter.
1783 2. No later than January 1, 2017:
1784 a. The department, in consultation with the water
1785 management districts and the Department of Agriculture and
1786 Consumer Services, shall initiate rulemaking to adopt procedures
1787 to verify implementation of water quality monitoring required in
1788 lieu of implementation of best management practices or other
1789 measures pursuant to sub-subparagraph (b)2.g.;
1790 b. The department, in consultation with the water
1791 management districts and the Department of Agriculture and
1792 Consumer Services, shall initiate rulemaking to adopt procedures
1793 to verify implementation of nonagricultural interim measures,
1794 best management practices, or other measures adopted by rule
1795 pursuant to subparagraph (c)1.; and
1796 c. The Department of Agriculture and Consumer Services, in
1797 consultation with the water management districts and the
1798 department, shall initiate rulemaking to adopt procedures to
1799 verify implementation of agricultural interim measures, best
1800 management practices, or other measures adopted by rule pursuant
1801 to subparagraph(c)2.
1802
1803 The rules required under this subparagraph shall include
1804 enforcement procedures applicable to the landowner, discharger,
1805 or other responsible person required to implement applicable
1806 management strategies, including best management practices or
1807 water quality monitoring as a result of noncompliance.
1808 3. At least every 2 years, the Department of Agriculture
1809 and Consumer Services shall perform onsite inspections of each
1810 agricultural producer that enrolls in a best management practice
1811 to ensure that such practice is being properly implemented. Such
1812 verification must include a collection and review of the best
1813 management practice documentation from the previous 2 years
1814 required by rules adopted pursuant to subparagraph (c)2.,
1815 including, but not limited to, nitrogen and phosphorus
1816 fertilizer application records, which must be collected and
1817 retained pursuant to subparagraphs (c)3., 4., and 6. The
1818 Department of Agriculture and Consumer Services shall initially
1819 prioritize the inspection of agricultural producers located in
1820 the basin management action plans for Lake Okeechobee, the
1821 Indian River Lagoon, the Caloosahatchee River and Estuary, and
1822 Silver Springs.
1823 (e) Cooperative agricultural regional water quality
1824 improvement element.—
1825 1. The department, the Department of Agriculture and
1826 Consumer Services, and owners of agricultural operations in the
1827 basin shall develop a cooperative agricultural regional water
1828 quality improvement element as part of a basin management action
1829 plan only if:
1830 a. Agricultural measures have been adopted by the
1831 Department of Agriculture and Consumer Services pursuant to
1832 subparagraph (c)2. and have been implemented and the waterbody
1833 remains impaired;
1834 b. Agricultural nonpoint sources contribute to at least 20
1835 percent of nonpoint source nutrient discharges; and
1836 c. The department determines that additional measures, in
1837 combination with state-sponsored regional projects and other
1838 management strategies included in the basin management action
1839 plan, are necessary to achieve the total maximum daily load.
1840 2. The element will be implemented through the use of cost
1841 sharing projects. The element must include cost-effective and
1842 technically and financially practical cooperative regional
1843 agricultural nutrient reduction projects that can be implemented
1844 on private properties on a site-specific, cooperative basis.
1845 Such cooperative regional agricultural nutrient reduction
1846 projects may include land acquisition in fee or conservation
1847 easements on the lands of willing sellers and site-specific
1848 water quality improvement or dispersed water management projects
1849 on the lands of project participants.
1850 3. To qualify for participation in the cooperative
1851 agricultural regional water quality improvement element, the
1852 participant must have already implemented and be in compliance
1853 with best management practices or other measures adopted by the
1854 Department of Agriculture and Consumer Services pursuant to
1855 subparagraph (c)2. The element may be included in the basin
1856 management action plan as a part of the next 5-year assessment
1857 under subparagraph (a)6.
1858 4. The department may submit a legislative budget request
1859 to fund projects developed pursuant to this paragraph. In
1860 allocating funds for projects funded pursuant to this paragraph,
1861 the department shall provide at least 20 percent of its annual
1862 appropriation for projects in subbasins with the highest
1863 nutrient concentrations within a basin management action plan.
1864 (f) Data collection and research.—
1865 1. The Department of Agriculture and Consumer Services, in
1866 cooperation with the University of Florida Institute of Food and
1867 Agricultural Sciences and other state universities and Florida
1868 College System institutions that have agricultural research
1869 programs, shall annually develop research plans and legislative
1870 budget requests to:
1871 a. Evaluate and suggest enhancements to the existing
1872 adopted agricultural best management practices to reduce
1873 nutrient runoff;
1874 b. Develop new best management practices that, if proven
1875 effective, the Department of Agriculture and Consumer Services
1876 may adopt by rule pursuant to subparagraph (c)2.; and
1877 c. Develop agricultural nutrient runoff reduction projects
1878 that willing participants could implement on a site-specific,
1879 cooperative basis, in addition to best management practices. The
1880 department may consider these projects for inclusion in a basin
1881 management action plan. These nutrient runoff reduction projects
1882 must reduce the nutrient impacts from agricultural operations on
1883 water quality when evaluated with the projects and management
1884 strategies currently included in the basin management action
1885 plan.
1886 2. To be considered for funding, the University of Florida
1887 Institute of Food and Agricultural Sciences and other state
1888 universities and Florida College System institutions that have
1889 agricultural research programs must submit such plans to the
1890 department and the Department of Agriculture and Consumer
1891 Services by August 1, 2021, and each May 1 thereafter.
1892 3. The department shall work with the University of Florida
1893 Institute of Food and Agricultural Sciences and regulated
1894 entities to consider the adoption by rule of best management
1895 practices for nutrient impacts from golf courses. Such adopted
1896 best management practices are subject to the requirements of
1897 paragraph (c).
1898 Section 14. Section 403.0671, Florida Statutes, is created
1899 to read:
1900 403.0671 Basin management action plan wastewater reports.—
1901 (1) By July 1, 2021, the department, in coordination with
1902 the county health departments, wastewater treatment facilities,
1903 and other governmental entities, shall submit a report to the
1904 Governor, the President of the Senate, and the Speaker of the
1905 House of Representatives evaluating the costs of wastewater
1906 projects identified in the basin management action plans
1907 developed pursuant to ss. 373.807 and 403.067(7) and the onsite
1908 sewage treatment and disposal system remediation plans and other
1909 restoration plans developed to meet the total maximum daily
1910 loads required under s. 403.067. The report must include:
1911 (a) Projects to:
1912 1. Replace onsite sewage treatment and disposal systems
1913 with enhanced nutrient-reducing onsite sewage treatment and
1914 disposal systems.
1915 2. Install or retrofit onsite sewage treatment and disposal
1916 systems with enhanced nutrient-reducing technologies.
1917 3. Construct, upgrade, or expand domestic wastewater
1918 treatment facilities to meet the wastewater treatment plan
1919 required under s. 403.067(7)(a)9.
1920 4. Connect onsite sewage treatment and disposal systems to
1921 domestic wastewater treatment facilities;
1922 (b) The estimated costs, nutrient load reduction estimates,
1923 and other benefits of each project;
1924 (c) The estimated implementation timeline for each project;
1925 (d) A proposed 5-year funding plan for each project and the
1926 source and amount of financial assistance the department, a
1927 water management district, or other project partner will make
1928 available to fund the project; and
1929 (e) The projected costs of installing enhanced nutrient
1930 reducing onsite sewage treatment and disposal systems on
1931 buildable lots in priority focus areas to comply with s.
1932 373.811.
1933 (2) By July 1, 2021, the department shall submit a report
1934 to the Governor, the President of the Senate, and the Speaker of
1935 the House of Representatives that provides an assessment of the
1936 water quality monitoring being conducted for each basin
1937 management action plan implementing a nutrient total maximum
1938 daily load. In developing the report, the department may
1939 coordinate with water management districts and any applicable
1940 university. The report must:
1941 (a) Evaluate the water quality monitoring prescribed for
1942 each basin management action plan to determine if it is
1943 sufficient to detect changes in water quality caused by the
1944 implementation of a project.
1945 (b) Identify gaps in water quality monitoring.
1946 (c) Recommend water quality monitoring needs.
1947 (3) Beginning January 1, 2022, and each January 1
1948 thereafter, the department shall submit to the Office of
1949 Economic and Demographic Research the cost estimates for
1950 projects required in s. 403.067(7)(a)9. The office shall include
1951 the project cost estimates in its annual assessment conducted
1952 pursuant to s. 403.928.
1953 Section 15. Section 403.0673, Florida Statutes, is created
1954 to read:
1955 403.0673 Wastewater grant program.—A wastewater grant
1956 program is established within the Department of Environmental
1957 Protection.
1958 (1) Subject to the appropriation of funds by the
1959 Legislature, the department may provide grants for the following
1960 projects within a basin management action plan, an alternative
1961 restoration plan adopted by final order, or a rural area of
1962 opportunity under s. 288.0656 which will individually or
1963 collectively reduce excess nutrient pollution:
1964 (a) Projects to retrofit onsite sewage treatment and
1965 disposal systems to upgrade such systems to enhanced nutrient
1966 reducing onsite sewage treatment and disposal systems.
1967 (b) Projects to construct, upgrade, or expand facilities to
1968 provide advanced waste treatment, as defined in s. 403.086(4).
1969 (c) Projects to connect onsite sewage treatment and
1970 disposal systems to central sewer facilities.
1971 (2) In allocating such funds, priority must be given to
1972 projects that subsidize the connection of onsite sewage
1973 treatment and disposal systems to wastewater treatment
1974 facilities. First priority must be given to subsidize the
1975 connection of onsite sewage treatment and disposal systems to
1976 existing infrastructure. Second priority must be given to any
1977 expansion of a collection or transmission system that promotes
1978 efficiency by planning the installation of wastewater
1979 transmission facilities to be constructed concurrently with
1980 other construction projects occurring within or along a
1981 transportation facility right-of-way. Third priority must be
1982 given to all other connections of onsite sewage treatment and
1983 disposal systems to wastewater treatment facilities. The
1984 department shall consider the estimated reduction in nutrient
1985 load per project; project readiness; the cost-effectiveness of
1986 the project; the overall environmental benefit of a project; the
1987 location of a project; the availability of local matching funds;
1988 and projected water savings or quantity improvements associated
1989 with a project.
1990 (3) Each grant for a project described in subsection (1)
1991 must require a minimum of a 50 percent local match of funds.
1992 However, the department may, at its discretion, waive, in whole
1993 or in part, this consideration of the local contribution for
1994 proposed projects within an area designated as a rural area of
1995 opportunity under s. 288.0656.
1996 (4) The department shall coordinate with each water
1997 management district, as necessary, to identify grant recipients
1998 in each district.
1999 (5) Beginning January 1, 2021, and each January 1
2000 thereafter, the department shall submit a report regarding the
2001 projects funded pursuant to this section to the Governor, the
2002 President of the Senate, and the Speaker of the House of
2003 Representatives.
2004 Section 16. Section 403.0855, Florida Statutes, is created
2005 to read:
2006 403.0855 Biosolids management.—
2007 (1) The Legislature finds that it is in the best interest
2008 of this state to regulate biosolids management in order to
2009 minimize the migration of nutrients that impair water bodies.
2010 The Legislature further finds that permitting according to site
2011 specific application conditions, an increased inspection rate,
2012 groundwater and surface water monitoring protocols, and nutrient
2013 management research will improve biosolids management and assist
2014 in protecting this state’s water resources and water quality.
2015 (2) The department shall adopt rules for biosolids
2016 management. Rules adopted by the department pursuant to this
2017 section may not take effect until ratified by the Legislature.
2018 (3) For a new land application site permit or a permit
2019 renewal issued after July 1, 2020, the permittee of a biosolids
2020 land application site shall:
2021 (a) Ensure a minimum unsaturated soil depth of 2 feet
2022 between the depth of biosolids placement and the water table
2023 level at the time the Class A or Class B biosolids are applied
2024 to the soil. Biosolids may not be applied on soils that have a
2025 seasonal high-water table less than 6 inches from the soil
2026 surface or within 6 inches of the intended depth of biosolids
2027 placement, unless a department-approved nutrient management plan
2028 and water quality monitoring plan provide reasonable assurances
2029 that the land application of biosolids at the site will not
2030 cause or contribute to a violation of the state’s surface water
2031 quality standards or groundwater standards. As used in this
2032 subsection, the term “seasonal high water” means the elevation
2033 to which the ground and surface water may be expected to rise
2034 due to a normal wet season.
2035 (b) Be enrolled in the Department of Agriculture and
2036 Consumer Service’s best management practices program or be
2037 within an agricultural operation enrolled in the program for the
2038 applicable commodity type.
2039 (4) All permits shall comply with the requirements of
2040 subsection (3) by July 1, 2022.
2041 (5) New or renewed biosolids land application site or
2042 facility permits issued after July 1, 2020, must comply with
2043 this section and include a permit condition that requires the
2044 permit to be reopened to insert a compliance date of no later
2045 than 1 year after the effective date of the rules adopted
2046 pursuant to subsection (2). All permits must meet the
2047 requirements of the rules adopted pursuant to subsection (2) no
2048 later than 2 years after the effective date of such rules.
2049 (6) A municipality or county may enforce or extend a local
2050 ordinance, regulation, resolution, rule, moratorium, or policy,
2051 any of which was adopted before November 1, 2019, relating to
2052 the land application of Class A or Class B biosolids until the
2053 ordinance, regulation, resolution, rule, moratorium, or policy
2054 is repealed by the municipality or county.
2055 Section 17. Present subsections (7) through (10) of section
2056 403.086, Florida Statutes, are redesignated as subsections (8)
2057 through (11), respectively, subsections (1) and (2) are amended,
2058 and a new subsection (7) is added to that section, to read:
2059 403.086 Sewage disposal facilities; advanced and secondary
2060 waste treatment.—
2061 (1)(a) Neither The Department of Health or nor any other
2062 state agency, county, special district, or municipality may not
2063 shall approve construction of any sewage disposal facilities for
2064 sanitary sewage disposal which do not provide for secondary
2065 waste treatment and, in addition thereto, advanced waste
2066 treatment as deemed necessary and ordered by the department.
2067 (b) Sewage disposal No facilities for sanitary sewage
2068 disposal constructed after June 14, 1978, may not shall dispose
2069 of any wastes by deep well injection without providing for
2070 secondary waste treatment and, in addition thereto, advanced
2071 waste treatment deemed necessary by the department to protect
2072 adequately the beneficial use of the receiving waters.
2073 (c) Notwithstanding any other provisions of this chapter or
2074 chapter 373, sewage disposal facilities for sanitary sewage
2075 disposal may not dispose of any wastes into Old Tampa Bay, Tampa
2076 Bay, Hillsborough Bay, Boca Ciega Bay, St. Joseph Sound,
2077 Clearwater Bay, Sarasota Bay, Little Sarasota Bay, Roberts Bay,
2078 Lemon Bay, or Charlotte Harbor Bay, or, beginning July 1, 2025,
2079 Indian River Lagoon, or into any river, stream, channel, canal,
2080 bay, bayou, sound, or other water tributary thereto, without
2081 providing advanced waste treatment, as defined in subsection
2082 (4), approved by the department. This paragraph does shall not
2083 apply to facilities which were permitted by February 1, 1987,
2084 and which discharge secondary treated effluent, followed by
2085 water hyacinth treatment, to tributaries of tributaries of the
2086 named waters; or to facilities permitted to discharge to the
2087 nontidally influenced portions of the Peace River.
2088 (d) By December 31, 2020, the department, in consultation
2089 with the water management districts and sewage disposal
2090 facilities, shall submit to the Governor, the President of the
2091 Senate, and the Speaker of the House of Representatives a
2092 progress report on the status of upgrades made by each facility
2093 to meet the advanced waste treatment requirements under
2094 paragraph (c). The report must include a list of sewage disposal
2095 facilities required to upgrade to advanced waste treatment, the
2096 preliminary cost estimates for the upgrades, and a projected
2097 timeline of the dates by which the upgrades will begin and be
2098 completed and the date by which operations of the upgraded
2099 facility will begin.
2100 (2) All sewage disposal Any facilities for sanitary sewage
2101 disposal shall provide for secondary waste treatment, a power
2102 outage contingency plan that mitigates the impacts of power
2103 outages on the utility’s collection system and pump stations,
2104 and, in addition thereto, advanced waste treatment as deemed
2105 necessary and ordered by the Department of Environmental
2106 Protection. Failure to conform is shall be punishable by a civil
2107 penalty of $500 for each 24-hour day or fraction thereof that
2108 such failure is allowed to continue thereafter.
2109 (7) All sewage disposal facilities under subsection (2)
2110 which control a collection or transmission system of pipes and
2111 pumps to collect and transmit wastewater from domestic or
2112 industrial sources to the facility shall take steps to prevent
2113 sanitary sewer overflows or underground pipe leaks and ensure
2114 that collected wastewater reaches the facility for appropriate
2115 treatment. Facilities must use inflow and infiltration studies
2116 and leakage surveys to develop pipe assessment, repair, and
2117 replacement action plans with a 5-year planning horizon that
2118 comply with department rule to limit, reduce, and eliminate
2119 leaks, seepages, or inputs into wastewater treatment systems’
2120 underground pipes. The pipe assessment, repair, and replacement
2121 action plans must be reported to the department. The facility
2122 action plans must include information regarding the annual
2123 expenditures dedicated to the inflow and infiltration studies
2124 and the required replacement action plans; expenditures that are
2125 dedicated to pipe assessment, repair, and replacement; and
2126 expenditures designed to limit the presence of fats, roots,
2127 oils, and grease in the facility’s collection system. The
2128 department shall adopt rules regarding the implementation of
2129 inflow and infiltration studies and leakage surveys; however,
2130 such rules may not fix or revise utility rates or budgets. A
2131 utility or an operating entity subject to this subsection and s.
2132 403.061(14) may submit one report to comply with both
2133 requirements. Substantial compliance with this subsection is
2134 evidence in mitigation for the purposes of assessing penalties
2135 pursuant to ss. 403.121 and 403.141.
2136 Section 18. Present subsections (4) through (10) of section
2137 403.087, Florida Statutes, are redesignated as subsections (5)
2138 through (11), respectively, and a new subsection (4) is added to
2139 that section, to read:
2140 403.087 Permits; general issuance; denial; revocation;
2141 prohibition; penalty.—
2142 (4) The department shall issue an operation permit for a
2143 domestic wastewater treatment facility other than a facility
2144 regulated under the National Pollutant Discharge Elimination
2145 System Program under s. 403.0885 for a term of up to 10 years if
2146 the facility is meeting the stated goals in its action plan
2147 adopted pursuant to s. 403.086(7).
2148 Section 19. Present subsections (3) and (4) of section
2149 403.088, Florida Statutes, are redesignated as subsections (4)
2150 and (5), respectively, paragraph (c) of subsection (2) is
2151 amended, and a new subsection (3) is added to that section, to
2152 read:
2153 403.088 Water pollution operation permits; conditions.—
2154 (2)
2155 (c) A permit shall:
2156 1. Specify the manner, nature, volume, and frequency of the
2157 discharge permitted;
2158 2. Require proper operation and maintenance of any
2159 pollution abatement facility by qualified personnel in
2160 accordance with standards established by the department;
2161 3. Require a deliberate, proactive approach to
2162 investigating or surveying a significant percentage of the
2163 domestic wastewater collection system throughout the duration of
2164 the permit to determine pipe integrity, which must be
2165 accomplished in an economically feasible manner. The permittee
2166 shall submit an annual report to the department which details
2167 facility revenues and expenditures in a manner prescribed by
2168 department rule. The report must detail any deviation of annual
2169 expenditures from identified system needs related to inflow and
2170 infiltration studies; model plans for pipe assessment, repair,
2171 and replacement; and pipe assessment, repair, and replacement
2172 required under s. 403.086(7). Substantial compliance with this
2173 subsection is evidence in mitigation for the purposes of
2174 assessing penalties pursuant to ss. 403.121 and 403.141;
2175 4.3. Contain such additional conditions, requirements, and
2176 restrictions as the department deems necessary to preserve and
2177 protect the quality of the receiving waters;
2178 5.4. Be valid for the period of time specified therein; and
2179 6.5. Constitute the state National Pollutant Discharge
2180 Elimination System permit when issued pursuant to the authority
2181 in s. 403.0885.
2182 (3) No later than March 1 of each year, the department
2183 shall submit a report to the Governor, the President of the
2184 Senate, and the Speaker of the House of Representatives which
2185 identifies all domestic wastewater treatment facilities that
2186 experienced a sanitary sewer overflow in the preceding calendar
2187 year. The report must identify the name of the utility or
2188 responsible operating entity, permitted capacity in annual
2189 average gallons per day, number of overflows, type of water
2190 discharged, total volume of sewage released, and, to the extent
2191 known and available, volume of sewage recovered, volume of
2192 sewage discharged to surface waters, and cause of the sanitary
2193 sewer overflow, including whether the overflow was caused by a
2194 third party. The department shall include with this report the
2195 annual report specified under subparagraph (2)(c)3. for each
2196 utility that experienced an overflow.
2197 Section 20. Subsection (6) of section 403.0891, Florida
2198 Statutes, is amended to read:
2199 403.0891 State, regional, and local stormwater management
2200 plans and programs.—The department, the water management
2201 districts, and local governments shall have the responsibility
2202 for the development of mutually compatible stormwater management
2203 programs.
2204 (6) The department and the Department of Economic
2205 Opportunity, in cooperation with local governments in the
2206 coastal zone, shall develop a model stormwater management
2207 program that could be adopted by local governments. The model
2208 program must contain model ordinances that target nutrient
2209 reduction practices and use green infrastructure. The model
2210 program shall contain dedicated funding options, including a
2211 stormwater utility fee system based upon an equitable unit cost
2212 approach. Funding options shall be designed to generate capital
2213 to retrofit existing stormwater management systems, build new
2214 treatment systems, operate facilities, and maintain and service
2215 debt.
2216 Section 21. Paragraphs (b) and (g) of subsection (2),
2217 paragraph (b) of subsection (3), and subsections (8) and (9) of
2218 section 403.121, Florida Statutes, are amended to read:
2219 403.121 Enforcement; procedure; remedies.—The department
2220 shall have the following judicial and administrative remedies
2221 available to it for violations of this chapter, as specified in
2222 s. 403.161(1).
2223 (2) Administrative remedies:
2224 (b) If the department has reason to believe a violation has
2225 occurred, it may institute an administrative proceeding to order
2226 the prevention, abatement, or control of the conditions creating
2227 the violation or other appropriate corrective action. Except for
2228 violations involving hazardous wastes, asbestos, or underground
2229 injection, the department shall proceed administratively in all
2230 cases in which the department seeks administrative penalties
2231 that do not exceed $50,000 $10,000 per assessment as calculated
2232 in accordance with subsections (3), (4), (5), (6), and (7).
2233 Pursuant to 42 U.S.C. s. 300g-2, the administrative penalty
2234 assessed pursuant to subsection (3), subsection (4), or
2235 subsection (5) against a public water system serving a
2236 population of more than 10,000 may not shall be not less than
2237 $1,000 per day per violation. The department may shall not
2238 impose administrative penalties in excess of $50,000 $10,000 in
2239 a notice of violation. The department may shall not have more
2240 than one notice of violation seeking administrative penalties
2241 pending against the same party at the same time unless the
2242 violations occurred at a different site or the violations were
2243 discovered by the department subsequent to the filing of a
2244 previous notice of violation.
2245 (g) This subsection does not prevent Nothing herein shall
2246 be construed as preventing any other legal or administrative
2247 action in accordance with law and does not. Nothing in this
2248 subsection shall limit the department’s authority provided in s.
2249 ss. 403.131, s. 403.141, and this section to judicially pursue
2250 injunctive relief. When the department exercises its authority
2251 to judicially pursue injunctive relief, penalties in any amount
2252 up to the statutory maximum sought by the department must be
2253 pursued as part of the state court action and not by initiating
2254 a separate administrative proceeding. The department retains the
2255 authority to judicially pursue penalties in excess of $50,000
2256 $10,000 for violations not specifically included in the
2257 administrative penalty schedule, or for multiple or multiday
2258 violations alleged to exceed a total of $50,000 $10,000. The
2259 department also retains the authority provided in ss. 403.131,
2260 403.141, and this section to judicially pursue injunctive relief
2261 and damages, if a notice of violation seeking the imposition of
2262 administrative penalties has not been issued. The department has
2263 the authority to enter into a settlement, either before or after
2264 initiating a notice of violation, and the settlement may include
2265 a penalty amount different from the administrative penalty
2266 schedule. Any case filed in state court because it is alleged to
2267 exceed a total of $50,000 $10,000 in penalties may be settled in
2268 the court action for less than $50,000 $10,000.
2269 (3) Except for violations involving hazardous wastes,
2270 asbestos, or underground injection, administrative penalties
2271 must be calculated according to the following schedule:
2272 (b) For failure to obtain a required wastewater permit,
2273 other than a permit required for surface water discharge, the
2274 department shall assess a penalty of $2,000 $1,000. For a
2275 domestic or industrial wastewater violation not involving a
2276 surface water or groundwater quality violation, the department
2277 shall assess a penalty of $4,000 $2,000 for an unpermitted or
2278 unauthorized discharge or effluent-limitation exceedance or for
2279 failure to comply with s. 403.061(14) or s. 403.086(7) or rules
2280 adopted thereunder. For an unpermitted or unauthorized discharge
2281 or effluent-limitation exceedance that resulted in a surface
2282 water or groundwater quality violation, the department shall
2283 assess a penalty of $10,000 $5,000.
2284 (8) The direct economic benefit gained by the violator from
2285 the violation, where consideration of economic benefit is
2286 provided by Florida law or required by federal law as part of a
2287 federally delegated or approved program, must shall be added to
2288 the scheduled administrative penalty. The total administrative
2289 penalty, including any economic benefit added to the scheduled
2290 administrative penalty, may shall not exceed $10,000.
2291 (9) The administrative penalties assessed for any
2292 particular violation may shall not exceed $10,000 $5,000 against
2293 any one violator, unless the violator has a history of
2294 noncompliance, the economic benefit of the violation as
2295 described in subsection (8) exceeds $10,000 $5,000, or there are
2296 multiday violations. The total administrative penalties may
2297 shall not exceed $50,000 $10,000 per assessment for all
2298 violations attributable to a specific person in the notice of
2299 violation.
2300 Section 22. Subsection (7) of section 403.1835, Florida
2301 Statutes, is amended to read:
2302 403.1835 Water pollution control financial assistance.—
2303 (7) Eligible projects must be given priority according to
2304 the extent each project is intended to remove, mitigate, or
2305 prevent adverse effects on surface or ground water quality and
2306 public health. The relative costs of achieving environmental and
2307 public health benefits must be taken into consideration during
2308 the department’s assignment of project priorities. The
2309 department shall adopt a priority system by rule. In developing
2310 the priority system, the department shall give priority to
2311 projects that:
2312 (a) Eliminate public health hazards;
2313 (b) Enable compliance with laws requiring the elimination
2314 of discharges to specific water bodies, including the
2315 requirements of s. 403.086(10) s. 403.086(9) regarding domestic
2316 wastewater ocean outfalls;
2317 (c) Assist in the implementation of total maximum daily
2318 loads adopted under s. 403.067;
2319 (d) Enable compliance with other pollution control
2320 requirements, including, but not limited to, toxics control,
2321 wastewater residuals management, and reduction of nutrients and
2322 bacteria;
2323 (e) Assist in the implementation of surface water
2324 improvement and management plans and pollutant load reduction
2325 goals developed under state water policy;
2326 (f) Promote reclaimed water reuse;
2327 (g) Eliminate failing onsite sewage treatment and disposal
2328 systems or those that are causing environmental damage; or
2329 (h) Reduce pollutants to and otherwise promote the
2330 restoration of Florida’s surface and ground waters;.
2331 (i) Implement the requirements of s. 403.086(7) or s.
2332 403.088(2)(c); or
2333 (j) Promote efficiency by planning for the installation of
2334 wastewater transmission facilities to be constructed
2335 concurrently with other construction projects occurring within
2336 or along a transportation facility right-of-way.
2337 Section 23. Paragraph (b) of subsection (3) of section
2338 403.1838, Florida Statutes, is amended to read:
2339 403.1838 Small Community Sewer Construction Assistance
2340 Act.—
2341 (3)
2342 (b) The rules of the Environmental Regulation Commission
2343 must:
2344 1. Require that projects to plan, design, construct,
2345 upgrade, or replace wastewater collection, transmission,
2346 treatment, disposal, and reuse facilities be cost-effective,
2347 environmentally sound, permittable, and implementable.
2348 2. Require appropriate user charges, connection fees, and
2349 other charges sufficient to ensure the long-term operation,
2350 maintenance, and replacement of the facilities constructed under
2351 each grant.
2352 3. Require grant applications to be submitted on
2353 appropriate forms with appropriate supporting documentation, and
2354 require records to be maintained.
2355 4. Establish a system to determine eligibility of grant
2356 applications.
2357 5. Establish a system to determine the relative priority of
2358 grant applications. The system must consider public health
2359 protection and water pollution prevention or abatement and must
2360 prioritize projects that plan for the installation of wastewater
2361 transmission facilities to be constructed concurrently with
2362 other construction projects occurring within or along a
2363 transportation facility right-of-way.
2364 6. Establish requirements for competitive procurement of
2365 engineering and construction services, materials, and equipment.
2366 7. Provide for termination of grants when program
2367 requirements are not met.
2368 Section 24. Subsection (9) is added to section 403.412,
2369 Florida Statutes, to read:
2370 403.412 Environmental Protection Act.—
2371 (9)(a) A local government regulation, ordinance, code,
2372 rule, comprehensive plan, charter, or any other provision of law
2373 may not recognize or grant any legal rights to a plant, an
2374 animal, a body of water, or any other part of the natural
2375 environment that is not a person or political subdivision as
2376 defined in s. 1.01(8) or grant such person or political
2377 subdivision any specific rights relating to the natural
2378 environment not otherwise authorized in general law or
2379 specifically granted in the State Constitution.
2380 (b) This subsection does not limit the power of an
2381 adversely affected party to challenge the consistency of a
2382 development order with a comprehensive plan as provided in s.
2383 163.3215 or to file an action for injunctive relief to enforce
2384 the terms of a development agreement or challenge compliance of
2385 the agreement as provided in s. 163.3243.
2386 (c) This subsection does not limit the standing of the
2387 Department of Legal Affairs, a political subdivision or
2388 municipality of the state, or a citizen of the state to maintain
2389 an action for injunctive relief as provided in this section.
2390 Section 25. The Legislature determines and declares that
2391 this act fulfills an important state interest.
2392 Section 26. Effective July 1, 2021, subsection (5) of
2393 section 153.54, Florida Statutes, is amended to read:
2394 153.54 Preliminary report by county commissioners with
2395 respect to creation of proposed district.—Upon receipt of a
2396 petition duly signed by not less than 25 qualified electors who
2397 are also freeholders residing within an area proposed to be
2398 incorporated into a water and sewer district pursuant to this
2399 law and describing in general terms the proposed boundaries of
2400 such proposed district, the board of county commissioners if it
2401 shall deem it necessary and advisable to create and establish
2402 such proposed district for the purpose of constructing,
2403 establishing or acquiring a water system or a sewer system or
2404 both in and for such district (herein called “improvements”),
2405 shall first cause a preliminary report to be made which such
2406 report together with any other relevant or pertinent matters,
2407 shall include at least the following:
2408 (5) For the construction of a new proposed central sewerage
2409 system or the extension of an existing sewerage system that was
2410 not previously approved, the report shall include a study that
2411 includes the available information from the Department of
2412 Environmental Protection Health on the history of onsite sewage
2413 treatment and disposal systems currently in use in the area and
2414 a comparison of the projected costs to the owner of a typical
2415 lot or parcel of connecting to and using the proposed sewerage
2416 system versus installing, operating, and properly maintaining an
2417 onsite sewage treatment and disposal system that is approved by
2418 the Department of Environmental Protection Health and that
2419 provides for the comparable level of environmental and health
2420 protection as the proposed central sewerage system;
2421 consideration of the local authority’s obligations or reasonably
2422 anticipated obligations for water body cleanup and protection
2423 under state or federal programs, including requirements for
2424 water bodies listed under s. 303(d) of the Clean Water Act, Pub.
2425 L. No. 92-500, 33 U.S.C. ss. 1251 et seq.; and other factors
2426 deemed relevant by the local authority.
2427
2428 Such report shall be filed in the office of the clerk of the
2429 circuit court and shall be open for the inspection of any
2430 taxpayer, property owner, qualified elector or any other
2431 interested or affected person.
2432 Section 27. Effective July 1, 2021, paragraph (c) of
2433 subsection (2) of section 153.73, Florida Statutes, is amended
2434 to read:
2435 153.73 Assessable improvements; levy and payment of special
2436 assessments.—Any district may provide for the construction or
2437 reconstruction of assessable improvements as defined in s.
2438 153.52, and for the levying of special assessments upon
2439 benefited property for the payment thereof, under the provisions
2440 of this section.
2441 (2)
2442 (c) For the construction of a new proposed central sewerage
2443 system or the extension of an existing sewerage system that was
2444 not previously approved, the report shall include a study that
2445 includes the available information from the Department of
2446 Environmental Protection Health on the history of onsite sewage
2447 treatment and disposal systems currently in use in the area and
2448 a comparison of the projected costs to the owner of a typical
2449 lot or parcel of connecting to and using the proposed sewerage
2450 system versus installing, operating, and properly maintaining an
2451 onsite sewage treatment and disposal system that is approved by
2452 the Department of Environmental Protection Health and that
2453 provides for the comparable level of environmental and health
2454 protection as the proposed central sewerage system;
2455 consideration of the local authority’s obligations or reasonably
2456 anticipated obligations for water body cleanup and protection
2457 under state or federal programs, including requirements for
2458 water bodies listed under s. 303(d) of the Clean Water Act, Pub.
2459 L. No. 92-500, 33 U.S.C. ss. 1251 et seq.; and other factors
2460 deemed relevant by the local authority.
2461 Section 28. Effective July 1, 2021, subsection (2) of
2462 section 163.3180, Florida Statutes, is amended to read:
2463 163.3180 Concurrency.—
2464 (2) Consistent with public health and safety, sanitary
2465 sewer, solid waste, drainage, adequate water supplies, and
2466 potable water facilities shall be in place and available to
2467 serve new development no later than the issuance by the local
2468 government of a certificate of occupancy or its functional
2469 equivalent. Prior to approval of a building permit or its
2470 functional equivalent, the local government shall consult with
2471 the applicable water supplier to determine whether adequate
2472 water supplies to serve the new development will be available no
2473 later than the anticipated date of issuance by the local
2474 government of a certificate of occupancy or its functional
2475 equivalent. A local government may meet the concurrency
2476 requirement for sanitary sewer through the use of onsite sewage
2477 treatment and disposal systems approved by the Department of
2478 Environmental Protection Health to serve new development.
2479 Section 29. Effective July 1, 2021, subsection (3) of
2480 section 180.03, Florida Statutes, is amended to read:
2481 180.03 Resolution or ordinance proposing construction or
2482 extension of utility; objections to same.—
2483 (3) For the construction of a new proposed central sewerage
2484 system or the extension of an existing central sewerage system
2485 that was not previously approved, the report shall include a
2486 study that includes the available information from the
2487 Department of Environmental Protection Health on the history of
2488 onsite sewage treatment and disposal systems currently in use in
2489 the area and a comparison of the projected costs to the owner of
2490 a typical lot or parcel of connecting to and using the proposed
2491 central sewerage system versus installing, operating, and
2492 properly maintaining an onsite sewage treatment and disposal
2493 system that is approved by the Department of Environmental
2494 Protection Health and that provides for the comparable level of
2495 environmental and health protection as the proposed central
2496 sewerage system; consideration of the local authority’s
2497 obligations or reasonably anticipated obligations for water body
2498 cleanup and protection under state or federal programs,
2499 including requirements for water bodies listed under s. 303(d)
2500 of the Clean Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251
2501 et seq.; and other factors deemed relevant by the local
2502 authority. The results of such a study shall be included in the
2503 resolution or ordinance required under subsection (1).
2504 Section 30. Subsections (2), (3), and (6) of section
2505 311.105, Florida Statutes, are amended to read:
2506 311.105 Florida Seaport Environmental Management Committee;
2507 permitting; mitigation.—
2508 (2) Each application for a permit authorized pursuant to s.
2509 403.061(38) s. 403.061(37) must include:
2510 (a) A description of maintenance dredging activities to be
2511 conducted and proposed methods of dredged-material management.
2512 (b) A characterization of the materials to be dredged and
2513 the materials within dredged-material management sites.
2514 (c) A description of dredged-material management sites and
2515 plans.
2516 (d) A description of measures to be undertaken, including
2517 environmental compliance monitoring, to minimize adverse
2518 environmental effects of maintenance dredging and dredged
2519 material management.
2520 (e) Such scheduling information as is required to
2521 facilitate state supplementary funding of federal maintenance
2522 dredging and dredged-material management programs consistent
2523 with beach restoration criteria of the Department of
2524 Environmental Protection.
2525 (3) Each application for a permit authorized pursuant to s.
2526 403.061(39) s. 403.061(38) must include the provisions of
2527 paragraphs (2)(b)-(e) and the following:
2528 (a) A description of dredging and dredged-material
2529 management and other related activities associated with port
2530 development, including the expansion of navigation channels,
2531 dredged-material management sites, port harbors, turning basins,
2532 harbor berths, and associated facilities.
2533 (b) A discussion of environmental mitigation as is proposed
2534 for dredging and dredged-material management for port
2535 development, including the expansion of navigation channels,
2536 dredged-material management sites, port harbors, turning basins,
2537 harbor berths, and associated facilities.
2538 (6) Dredged-material management activities authorized
2539 pursuant to s. 403.061(38) s. 403.061(37) or s. 403.061(39) (38)
2540 shall be incorporated into port master plans developed pursuant
2541 to s. 163.3178(2)(k).
2542 Section 31. Paragraph (d) of subsection (1) of section
2543 327.46, Florida Statutes, is amended to read:
2544 327.46 Boating-restricted areas.—
2545 (1) Boating-restricted areas, including, but not limited
2546 to, restrictions of vessel speeds and vessel traffic, may be
2547 established on the waters of this state for any purpose
2548 necessary to protect the safety of the public if such
2549 restrictions are necessary based on boating accidents,
2550 visibility, hazardous currents or water levels, vessel traffic
2551 congestion, or other navigational hazards or to protect
2552 seagrasses on privately owned submerged lands.
2553 (d) Owners of private submerged lands that are adjacent to
2554 Outstanding Florida Waters, as defined in s. 403.061(28) s.
2555 403.061(27), or an aquatic preserve established under ss.
2556 258.39-258.399 may request that the commission establish
2557 boating-restricted areas solely to protect any seagrass and
2558 contiguous seagrass habitat within their private property
2559 boundaries from seagrass scarring due to propeller dredging.
2560 Owners making a request pursuant to this paragraph must
2561 demonstrate to the commission clear ownership of the submerged
2562 lands. The commission shall adopt rules to implement this
2563 paragraph, including, but not limited to, establishing an
2564 application process and criteria for meeting the requirements of
2565 this paragraph. Each approved boating-restricted area shall be
2566 established by commission rule. For marking boating-restricted
2567 zones established pursuant to this paragraph, owners of
2568 privately submerged lands shall apply to the commission for a
2569 uniform waterway marker permit in accordance with ss. 327.40 and
2570 327.41, and shall be responsible for marking the boating
2571 restricted zone in accordance with the terms of the permit.
2572 Section 32. Paragraph (d) of subsection (3) of section
2573 373.250, Florida Statutes, is amended to read:
2574 373.250 Reuse of reclaimed water.—
2575 (3)
2576 (d) The South Florida Water Management District shall
2577 require the use of reclaimed water made available by the
2578 elimination of wastewater ocean outfall discharges as provided
2579 for in s. 403.086(10) s. 403.086(9) in lieu of surface water or
2580 groundwater when the use of reclaimed water is available; is
2581 environmentally, economically, and technically feasible; and is
2582 of such quality and reliability as is necessary to the user.
2583 Such reclaimed water may also be required in lieu of other
2584 alternative sources. In determining whether to require such
2585 reclaimed water in lieu of other alternative sources, the water
2586 management district shall consider existing infrastructure
2587 investments in place or obligated to be constructed by an
2588 executed contract or similar binding agreement as of July 1,
2589 2011, for the development of other alternative sources.
2590 Section 33. Subsection (9) of section 373.414, Florida
2591 Statutes, is amended to read:
2592 373.414 Additional criteria for activities in surface
2593 waters and wetlands.—
2594 (9) The department and the governing boards, on or before
2595 July 1, 1994, shall adopt rules to incorporate the provisions of
2596 this section, relying primarily on the existing rules of the
2597 department and the water management districts, into the rules
2598 governing the management and storage of surface waters. Such
2599 rules shall seek to achieve a statewide, coordinated and
2600 consistent permitting approach to activities regulated under
2601 this part. Variations in permitting criteria in the rules of
2602 individual water management districts or the department shall
2603 only be provided to address differing physical or natural
2604 characteristics. Such rules adopted pursuant to this subsection
2605 shall include the special criteria adopted pursuant to s.
2606 403.061(30) s. 403.061(29) and may include the special criteria
2607 adopted pursuant to s. 403.061(35) s. 403.061(34). Such rules
2608 shall include a provision requiring that a notice of intent to
2609 deny or a permit denial based upon this section shall contain an
2610 explanation of the reasons for such denial and an explanation,
2611 in general terms, of what changes, if any, are necessary to
2612 address such reasons for denial. Such rules may establish
2613 exemptions and general permits, if such exemptions and general
2614 permits do not allow significant adverse impacts to occur
2615 individually or cumulatively. Such rules may require submission
2616 of proof of financial responsibility which may include the
2617 posting of a bond or other form of surety prior to the
2618 commencement of construction to provide reasonable assurance
2619 that any activity permitted pursuant to this section, including
2620 any mitigation for such permitted activity, will be completed in
2621 accordance with the terms and conditions of the permit once the
2622 construction is commenced. Until rules adopted pursuant to this
2623 subsection become effective, existing rules adopted under this
2624 part and rules adopted pursuant to the authority of ss. 403.91
2625 403.929 shall be deemed authorized under this part and shall
2626 remain in full force and effect. Neither the department nor the
2627 governing boards are limited or prohibited from amending any
2628 such rules.
2629 Section 34. Paragraph (b) of subsection (4) of section
2630 373.705, Florida Statutes, is amended to read:
2631 373.705 Water resource development; water supply
2632 development.—
2633 (4)
2634 (b) Water supply development projects that meet the
2635 criteria in paragraph (a) and that meet one or more of the
2636 following additional criteria shall be given first consideration
2637 for state or water management district funding assistance:
2638 1. The project brings about replacement of existing sources
2639 in order to help implement a minimum flow or minimum water
2640 level;
2641 2. The project implements reuse that assists in the
2642 elimination of domestic wastewater ocean outfalls as provided in
2643 s. 403.086(10) s. 403.086(9); or
2644 3. The project reduces or eliminates the adverse effects of
2645 competition between legal users and the natural system.
2646 Section 35. Paragraph (f) of subsection (8) of section
2647 373.707, Florida Statutes, is amended to read:
2648 373.707 Alternative water supply development.—
2649 (8)
2650 (f) The governing boards shall determine those projects
2651 that will be selected for financial assistance. The governing
2652 boards may establish factors to determine project funding;
2653 however, significant weight shall be given to the following
2654 factors:
2655 1. Whether the project provides substantial environmental
2656 benefits by preventing or limiting adverse water resource
2657 impacts.
2658 2. Whether the project reduces competition for water
2659 supplies.
2660 3. Whether the project brings about replacement of
2661 traditional sources in order to help implement a minimum flow or
2662 level or a reservation.
2663 4. Whether the project will be implemented by a consumptive
2664 use permittee that has achieved the targets contained in a goal
2665 based water conservation program approved pursuant to s.
2666 373.227.
2667 5. The quantity of water supplied by the project as
2668 compared to its cost.
2669 6. Projects in which the construction and delivery to end
2670 users of reuse water is a major component.
2671 7. Whether the project will be implemented by a
2672 multijurisdictional water supply entity or regional water supply
2673 authority.
2674 8. Whether the project implements reuse that assists in the
2675 elimination of domestic wastewater ocean outfalls as provided in
2676 s. 403.086(10) s. 403.086(9).
2677 9. Whether the county or municipality, or the multiple
2678 counties or municipalities, in which the project is located has
2679 implemented a high-water recharge protection tax assessment
2680 program as provided in s. 193.625.
2681 Section 36. Subsection (4) of section 373.709, Florida
2682 Statutes, is amended to read:
2683 373.709 Regional water supply planning.—
2684 (4) The South Florida Water Management District shall
2685 include in its regional water supply plan water resource and
2686 water supply development projects that promote the elimination
2687 of wastewater ocean outfalls as provided in s. 403.086(10) s.
2688 403.086(9).
2689 Section 37. Effective July 1, 2021, subsection (3) of
2690 section 373.807, Florida Statutes, is amended to read:
2691 373.807 Protection of water quality in Outstanding Florida
2692 Springs.—By July 1, 2016, the department shall initiate
2693 assessment, pursuant to s. 403.067(3), of Outstanding Florida
2694 Springs or spring systems for which an impairment determination
2695 has not been made under the numeric nutrient standards in effect
2696 for spring vents. Assessments must be completed by July 1, 2018.
2697 (3) As part of a basin management action plan that includes
2698 an Outstanding Florida Spring, the department, the Department of
2699 Health, relevant local governments, and relevant local public
2700 and private wastewater utilities shall develop an onsite sewage
2701 treatment and disposal system remediation plan for a spring if
2702 the department determines onsite sewage treatment and disposal
2703 systems within a priority focus area contribute at least 20
2704 percent of nonpoint source nitrogen pollution or if the
2705 department determines remediation is necessary to achieve the
2706 total maximum daily load. The plan shall identify cost-effective
2707 and financially feasible projects necessary to reduce the
2708 nutrient impacts from onsite sewage treatment and disposal
2709 systems and shall be completed and adopted as part of the basin
2710 management action plan no later than the first 5-year milestone
2711 required by subparagraph (1)(b)8. The department is the lead
2712 agency in coordinating the preparation of and the adoption of
2713 the plan. The department shall:
2714 (a) Collect and evaluate credible scientific information on
2715 the effect of nutrients, particularly forms of nitrogen, on
2716 springs and springs systems; and
2717 (b) Develop a public education plan to provide area
2718 residents with reliable, understandable information about onsite
2719 sewage treatment and disposal systems and springs.
2720
2721 In addition to the requirements in s. 403.067, the plan shall
2722 include options for repair, upgrade, replacement, drainfield
2723 modification, addition of effective nitrogen reducing features,
2724 connection to a central sewerage system, or other action for an
2725 onsite sewage treatment and disposal system or group of systems
2726 within a priority focus area that contribute at least 20 percent
2727 of nonpoint source nitrogen pollution or if the department
2728 determines remediation is necessary to achieve a total maximum
2729 daily load. For these systems, the department shall include in
2730 the plan a priority ranking for each system or group of systems
2731 that requires remediation and shall award funds to implement the
2732 remediation projects contingent on an appropriation in the
2733 General Appropriations Act, which may include all or part of the
2734 costs necessary for repair, upgrade, replacement, drainfield
2735 modification, addition of effective nitrogen reducing features,
2736 initial connection to a central sewerage system, or other
2737 action. In awarding funds, the department may consider expected
2738 nutrient reduction benefit per unit cost, size and scope of
2739 project, relative local financial contribution to the project,
2740 and the financial impact on property owners and the community.
2741 The department may waive matching funding requirements for
2742 proposed projects within an area designated as a rural area of
2743 opportunity under s. 288.0656.
2744 Section 38. Paragraph (k) of subsection (1) of section
2745 376.307, Florida Statutes, is amended to read:
2746 376.307 Water Quality Assurance Trust Fund.—
2747 (1) The Water Quality Assurance Trust Fund is intended to
2748 serve as a broad-based fund for use in responding to incidents
2749 of contamination that pose a serious danger to the quality of
2750 groundwater and surface water resources or otherwise pose a
2751 serious danger to the public health, safety, or welfare. Moneys
2752 in this fund may be used:
2753 (k) For funding activities described in s. 403.086(10) s.
2754 403.086(9) which are authorized for implementation under the
2755 Leah Schad Memorial Ocean Outfall Program.
2756 Section 39. Paragraph (i) of subsection (2), paragraph (b)
2757 of subsection (4), paragraph (j) of subsection (7), and
2758 paragraph (a) of subsection (9) of section 380.0552, Florida
2759 Statutes, are amended to read:
2760 380.0552 Florida Keys Area; protection and designation as
2761 area of critical state concern.—
2762 (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
2763 to:
2764 (i) Protect and improve the nearshore water quality of the
2765 Florida Keys through federal, state, and local funding of water
2766 quality improvement projects, including the construction and
2767 operation of wastewater management facilities that meet the
2768 requirements of ss. 381.0065(4)(l) and 403.086(11) 403.086(10),
2769 as applicable.
2770 (4) REMOVAL OF DESIGNATION.—
2771 (b) Beginning November 30, 2010, the state land planning
2772 agency shall annually submit a written report to the
2773 Administration Commission describing the progress of the Florida
2774 Keys Area toward completing the work program tasks specified in
2775 commission rules. The land planning agency shall recommend
2776 removing the Florida Keys Area from being designated as an area
2777 of critical state concern to the commission if it determines
2778 that:
2779 1. All of the work program tasks have been completed,
2780 including construction of, operation of, and connection to
2781 central wastewater management facilities pursuant to s.
2782 403.086(11) s. 403.086(10) and upgrade of onsite sewage
2783 treatment and disposal systems pursuant to s. 381.0065(4)(l);
2784 2. All local comprehensive plans and land development
2785 regulations and the administration of such plans and regulations
2786 are adequate to protect the Florida Keys Area, fulfill the
2787 legislative intent specified in subsection (2), and are
2788 consistent with and further the principles guiding development;
2789 and
2790 3. A local government has adopted a resolution at a public
2791 hearing recommending the removal of the designation.
2792 (7) PRINCIPLES FOR GUIDING DEVELOPMENT.—State, regional,
2793 and local agencies and units of government in the Florida Keys
2794 Area shall coordinate their plans and conduct their programs and
2795 regulatory activities consistent with the principles for guiding
2796 development as specified in chapter 27F-8, Florida
2797 Administrative Code, as amended effective August 23, 1984, which
2798 is adopted and incorporated herein by reference. For the
2799 purposes of reviewing the consistency of the adopted plan, or
2800 any amendments to that plan, with the principles for guiding
2801 development, and any amendments to the principles, the
2802 principles shall be construed as a whole and specific provisions
2803 may not be construed or applied in isolation from the other
2804 provisions. However, the principles for guiding development are
2805 repealed 18 months from July 1, 1986. After repeal, any plan
2806 amendments must be consistent with the following principles:
2807 (j) Ensuring the improvement of nearshore water quality by
2808 requiring the construction and operation of wastewater
2809 management facilities that meet the requirements of ss.
2810 381.0065(4)(l) and 403.086(11) 403.086(10), as applicable, and
2811 by directing growth to areas served by central wastewater
2812 treatment facilities through permit allocation systems.
2813 (9) MODIFICATION TO PLANS AND REGULATIONS.—
2814 (a) Any land development regulation or element of a local
2815 comprehensive plan in the Florida Keys Area may be enacted,
2816 amended, or rescinded by a local government, but the enactment,
2817 amendment, or rescission becomes effective only upon approval by
2818 the state land planning agency. The state land planning agency
2819 shall review the proposed change to determine if it is in
2820 compliance with the principles for guiding development specified
2821 in chapter 27F-8, Florida Administrative Code, as amended
2822 effective August 23, 1984, and must approve or reject the
2823 requested changes within 60 days after receipt. Amendments to
2824 local comprehensive plans in the Florida Keys Area must also be
2825 reviewed for compliance with the following:
2826 1. Construction schedules and detailed capital financing
2827 plans for wastewater management improvements in the annually
2828 adopted capital improvements element, and standards for the
2829 construction of wastewater treatment and disposal facilities or
2830 collection systems that meet or exceed the criteria in s.
2831 403.086(11) s. 403.086(10) for wastewater treatment and disposal
2832 facilities or s. 381.0065(4)(l) for onsite sewage treatment and
2833 disposal systems.
2834 2. Goals, objectives, and policies to protect public safety
2835 and welfare in the event of a natural disaster by maintaining a
2836 hurricane evacuation clearance time for permanent residents of
2837 no more than 24 hours. The hurricane evacuation clearance time
2838 shall be determined by a hurricane evacuation study conducted in
2839 accordance with a professionally accepted methodology and
2840 approved by the state land planning agency.
2841 Section 40. Effective July 1, 2021, subsections (7) and
2842 (18) of section 381.006, Florida Statutes, are amended to read:
2843 381.006 Environmental health.—The department shall conduct
2844 an environmental health program as part of fulfilling the
2845 state’s public health mission. The purpose of this program is to
2846 detect and prevent disease caused by natural and manmade factors
2847 in the environment. The environmental health program shall
2848 include, but not be limited to:
2849 (7) An onsite sewage treatment and disposal function.
2850 (17)(18) A food service inspection function for domestic
2851 violence centers that are certified by the Department of
2852 Children and Families and monitored by the Florida Coalition
2853 Against Domestic Violence under part XII of chapter 39 and group
2854 care homes as described in subsection (15) (16), which shall be
2855 conducted annually and be limited to the requirements in
2856 department rule applicable to community-based residential
2857 facilities with five or fewer residents.
2858
2859 The department may adopt rules to carry out the provisions of
2860 this section.
2861 Section 41. Effective July 1, 2021, subsection (1) of
2862 section 381.0061, Florida Statutes, is amended to read:
2863 381.0061 Administrative fines.—
2864 (1) In addition to any administrative action authorized by
2865 chapter 120 or by other law, the department may impose a fine,
2866 which may shall not exceed $500 for each violation, for a
2867 violation of s. 381.006(15) s. 381.006(16), s. 381.0065, s.
2868 381.0066, s. 381.0072, or part III of chapter 489, for a
2869 violation of any rule adopted under this chapter, or for a
2870 violation of any of the provisions of chapter 386. Notice of
2871 intent to impose such fine shall be given by the department to
2872 the alleged violator. Each day that a violation continues may
2873 constitute a separate violation.
2874 Section 42. Effective July 1, 2021, subsection (1) of
2875 section 381.0064, Florida Statutes, is amended to read:
2876 381.0064 Continuing education courses for persons
2877 installing or servicing septic tanks.—
2878 (1) The Department of Environmental Protection Health shall
2879 establish a program for continuing education which meets the
2880 purposes of ss. 381.0101 and 489.554 regarding the public health
2881 and environmental effects of onsite sewage treatment and
2882 disposal systems and any other matters the department determines
2883 desirable for the safe installation and use of onsite sewage
2884 treatment and disposal systems. The department may charge a fee
2885 to cover the cost of such program.
2886 Section 43. Effective July 1, 2021, paragraph (d) of
2887 subsection (7), subsection (8), and paragraphs (b), (c), and (d)
2888 of subsection (9) of section 381.00651, Florida Statutes, are
2889 amended to read:
2890 381.00651 Periodic evaluation and assessment of onsite
2891 sewage treatment and disposal systems.—
2892 (7) The following procedures shall be used for conducting
2893 evaluations:
2894 (d) Assessment procedure.—All evaluation procedures used by
2895 a qualified contractor shall be documented in the environmental
2896 health database of the Department of Environmental Protection
2897 Health. The qualified contractor shall provide a copy of a
2898 written, signed evaluation report to the property owner upon
2899 completion of the evaluation and to the county health department
2900 within 30 days after the evaluation. The report must shall
2901 contain the name and license number of the company providing the
2902 report. A copy of the evaluation report shall be retained by the
2903 local county health department for a minimum of 5 years and
2904 until a subsequent inspection report is filed. The front cover
2905 of the report must identify any system failure and include a
2906 clear and conspicuous notice to the owner that the owner has a
2907 right to have any remediation of the failure performed by a
2908 qualified contractor other than the contractor performing the
2909 evaluation. The report must further identify any crack, leak,
2910 improper fit, or other defect in the tank, manhole, or lid, and
2911 any other damaged or missing component; any sewage or effluent
2912 visible on the ground or discharging to a ditch or other surface
2913 water body; any downspout, stormwater, or other source of water
2914 directed onto or toward the system; and any other maintenance
2915 need or condition of the system at the time of the evaluation
2916 which, in the opinion of the qualified contractor, would
2917 possibly interfere with or restrict any future repair or
2918 modification to the existing system. The report shall conclude
2919 with an overall assessment of the fundamental operational
2920 condition of the system.
2921 (8) The county health department, in coordination with the
2922 department, shall administer any evaluation program on behalf of
2923 a county, or a municipality within the county, that has adopted
2924 an evaluation program pursuant to this section. In order to
2925 administer the evaluation program, the county or municipality,
2926 in consultation with the county health department, may develop a
2927 reasonable fee schedule to be used solely to pay for the costs
2928 of administering the evaluation program. Such a fee schedule
2929 shall be identified in the ordinance that adopts the evaluation
2930 program. When arriving at a reasonable fee schedule, the
2931 estimated annual revenues to be derived from fees may not exceed
2932 reasonable estimated annual costs of the program. Fees shall be
2933 assessed to the system owner during an inspection and separately
2934 identified on the invoice of the qualified contractor. Fees
2935 shall be remitted by the qualified contractor to the county
2936 health department. The county health department’s administrative
2937 responsibilities include the following:
2938 (a) Providing a notice to the system owner at least 60 days
2939 before the system is due for an evaluation. The notice may
2940 include information on the proper maintenance of onsite sewage
2941 treatment and disposal systems.
2942 (b) In consultation with the department of Health,
2943 providing uniform disciplinary procedures and penalties for
2944 qualified contractors who do not comply with the requirements of
2945 the adopted ordinance, including, but not limited to, failure to
2946 provide the evaluation report as required in this subsection to
2947 the system owner and the county health department. Only the
2948 county health department may assess penalties against system
2949 owners for failure to comply with the adopted ordinance,
2950 consistent with existing requirements of law.
2951 (9)
2952 (b) Upon receipt of the notice under paragraph (a), the
2953 department of Environmental Protection shall, within existing
2954 resources, notify the county or municipality of the potential
2955 use of, and access to, program funds under the Clean Water State
2956 Revolving Fund or s. 319 of the Clean Water Act, provide
2957 guidance in the application process to receive such moneys, and
2958 provide advice and technical assistance to the county or
2959 municipality on how to establish a low-interest revolving loan
2960 program or how to model a revolving loan program after the low
2961 interest loan program of the Clean Water State Revolving Fund.
2962 This paragraph does not obligate the department of Environmental
2963 Protection to provide any county or municipality with money to
2964 fund such programs.
2965 (c) The department of Health may not adopt any rule that
2966 alters the provisions of this section.
2967 (d) The department of Health must allow county health
2968 departments and qualified contractors access to the
2969 environmental health database to track relevant information and
2970 assimilate data from assessment and evaluation reports of the
2971 overall condition of onsite sewage treatment and disposal
2972 systems. The environmental health database must be used by
2973 contractors to report each service and evaluation event and by a
2974 county health department to notify owners of onsite sewage
2975 treatment and disposal systems when evaluations are due. Data
2976 and information must be recorded and updated as service and
2977 evaluations are conducted and reported.
2978 Section 44. Effective July 1, 2021, paragraph (g) of
2979 subsection (1) of section 381.0101, Florida Statutes, is amended
2980 to read:
2981 381.0101 Environmental health professionals.—
2982 (1) DEFINITIONS.—As used in this section:
2983 (g) “Primary environmental health program” means those
2984 programs determined by the department to be essential for
2985 providing basic environmental and sanitary protection to the
2986 public. At a minimum, these programs shall include food
2987 protection program work and onsite sewage treatment and disposal
2988 system evaluations.
2989 Section 45. Section 403.08601, Florida Statutes, is amended
2990 to read:
2991 403.08601 Leah Schad Memorial Ocean Outfall Program.—The
2992 Legislature declares that as funds become available the state
2993 may assist the local governments and agencies responsible for
2994 implementing the Leah Schad Memorial Ocean Outfall Program
2995 pursuant to s. 403.086(10) s. 403.086(9). Funds received from
2996 other sources provided for in law, the General Appropriations
2997 Act, from gifts designated for implementation of the plan from
2998 individuals, corporations, or other entities, or federal funds
2999 appropriated by Congress for implementation of the plan, may be
3000 deposited into an account of the Water Quality Assurance Trust
3001 Fund.
3002 Section 46. Section 403.0871, Florida Statutes, is amended
3003 to read:
3004 403.0871 Florida Permit Fee Trust Fund.—There is
3005 established within the department a nonlapsing trust fund to be
3006 known as the “Florida Permit Fee Trust Fund.” All funds received
3007 from applicants for permits pursuant to ss. 161.041, 161.053,
3008 161.0535, 403.087(7) 403.087(6), and 403.861(7)(a) shall be
3009 deposited in the Florida Permit Fee Trust Fund and shall be used
3010 by the department with the advice and consent of the Legislature
3011 to supplement appropriations and other funds received by the
3012 department for the administration of its responsibilities under
3013 this chapter and chapter 161. In no case shall funds from the
3014 Florida Permit Fee Trust Fund be used for salary increases
3015 without the approval of the Legislature.
3016 Section 47. Paragraph (a) of subsection (11) of section
3017 403.0872, Florida Statutes, is amended to read:
3018 403.0872 Operation permits for major sources of air
3019 pollution; annual operation license fee.—Provided that program
3020 approval pursuant to 42 U.S.C. s. 7661a has been received from
3021 the United States Environmental Protection Agency, beginning
3022 January 2, 1995, each major source of air pollution, including
3023 electrical power plants certified under s. 403.511, must obtain
3024 from the department an operation permit for a major source of
3025 air pollution under this section. This operation permit is the
3026 only department operation permit for a major source of air
3027 pollution required for such source; provided, at the applicant’s
3028 request, the department shall issue a separate acid rain permit
3029 for a major source of air pollution that is an affected source
3030 within the meaning of 42 U.S.C. s. 7651a(1). Operation permits
3031 for major sources of air pollution, except general permits
3032 issued pursuant to s. 403.814, must be issued in accordance with
3033 the procedures contained in this section and in accordance with
3034 chapter 120; however, to the extent that chapter 120 is
3035 inconsistent with the provisions of this section, the procedures
3036 contained in this section prevail.
3037 (11) Each major source of air pollution permitted to
3038 operate in this state must pay between January 15 and April 1 of
3039 each year, upon written notice from the department, an annual
3040 operation license fee in an amount determined by department
3041 rule. The annual operation license fee shall be terminated
3042 immediately in the event the United States Environmental
3043 Protection Agency imposes annual fees solely to implement and
3044 administer the major source air-operation permit program in
3045 Florida under 40 C.F.R. s. 70.10(d).
3046 (a) The annual fee must be assessed based upon the source’s
3047 previous year’s emissions and must be calculated by multiplying
3048 the applicable annual operation license fee factor times the
3049 tons of each regulated air pollutant actually emitted, as
3050 calculated in accordance with the department’s emissions
3051 computation and reporting rules. The annual fee shall only apply
3052 to those regulated pollutants, except carbon monoxide and
3053 greenhouse gases, for which an allowable numeric emission
3054 limiting standard is specified in the source’s most recent
3055 construction or operation permit; provided, however, that:
3056 1. The license fee factor is $25 or another amount
3057 determined by department rule which ensures that the revenue
3058 provided by each year’s operation license fees is sufficient to
3059 cover all reasonable direct and indirect costs of the major
3060 stationary source air-operation permit program established by
3061 this section. The license fee factor may be increased beyond $25
3062 only if the secretary of the department affirmatively finds that
3063 a shortage of revenue for support of the major stationary source
3064 air-operation permit program will occur in the absence of a fee
3065 factor adjustment. The annual license fee factor may never
3066 exceed $35.
3067 2. The amount of each regulated air pollutant in excess of
3068 4,000 tons per year emitted by any source, or group of sources
3069 belonging to the same Major Group as described in the Standard
3070 Industrial Classification Manual, 1987, may not be included in
3071 the calculation of the fee. Any source, or group of sources,
3072 which does not emit any regulated air pollutant in excess of
3073 4,000 tons per year, is allowed a one-time credit not to exceed
3074 25 percent of the first annual licensing fee for the prorated
3075 portion of existing air-operation permit application fees
3076 remaining upon commencement of the annual licensing fees.
3077 3. If the department has not received the fee by March 1 of
3078 the calendar year, the permittee must be sent a written warning
3079 of the consequences for failing to pay the fee by April 1. If
3080 the fee is not postmarked by April 1 of the calendar year, the
3081 department shall impose, in addition to the fee, a penalty of 50
3082 percent of the amount of the fee, plus interest on such amount
3083 computed in accordance with s. 220.807. The department may not
3084 impose such penalty or interest on any amount underpaid,
3085 provided that the permittee has timely remitted payment of at
3086 least 90 percent of the amount determined to be due and remits
3087 full payment within 60 days after receipt of notice of the
3088 amount underpaid. The department may waive the collection of
3089 underpayment and may shall not be required to refund overpayment
3090 of the fee, if the amount due is less than 1 percent of the fee,
3091 up to $50. The department may revoke any major air pollution
3092 source operation permit if it finds that the permitholder has
3093 failed to timely pay any required annual operation license fee,
3094 penalty, or interest.
3095 4. Notwithstanding the computational provisions of this
3096 subsection, the annual operation license fee for any source
3097 subject to this section may shall not be less than $250, except
3098 that the annual operation license fee for sources permitted
3099 solely through general permits issued under s. 403.814 may shall
3100 not exceed $50 per year.
3101 5. Notwithstanding s. 403.087(7)(a)5.a., which authorizes
3102 the provisions of s. 403.087(6)(a)5.a., authorizing air
3103 pollution construction permit fees, the department may not
3104 require such fees for changes or additions to a major source of
3105 air pollution permitted pursuant to this section, unless the
3106 activity triggers permitting requirements under Title I, Part C
3107 or Part D, of the federal Clean Air Act, 42 U.S.C. ss. 7470
3108 7514a. Costs to issue and administer such permits shall be
3109 considered direct and indirect costs of the major stationary
3110 source air-operation permit program under s. 403.0873. The
3111 department shall, however, require fees pursuant to s.
3112 403.087(7)(a)5.a. the provisions of s. 403.087(6)(a)5.a. for the
3113 construction of a new major source of air pollution that will be
3114 subject to the permitting requirements of this section once
3115 constructed and for activities triggering permitting
3116 requirements under Title I, Part C or Part D, of the federal
3117 Clean Air Act, 42 U.S.C. ss. 7470-7514a.
3118 Section 48. Paragraph (d) of subsection (3) of section
3119 403.707, Florida Statutes, is amended to read:
3120 403.707 Permits.—
3121 (3)
3122 (d) The department may adopt rules to administer this
3123 subsection. However, the department is not required to submit
3124 such rules to the Environmental Regulation Commission for
3125 approval. Notwithstanding the limitations of s. 403.087(7)(a) s.
3126 403.087(6)(a), permit fee caps for solid waste management
3127 facilities shall be prorated to reflect the extended permit term
3128 authorized by this subsection.
3129 Section 49. Subsections (8) and (21) of section 403.861,
3130 Florida Statutes, are amended to read:
3131 403.861 Department; powers and duties.—The department shall
3132 have the power and the duty to carry out the provisions and
3133 purposes of this act and, for this purpose, to:
3134 (8) Initiate rulemaking to increase each drinking water
3135 permit application fee authorized under s. 403.087(7) s.
3136 403.087(6) and this part and adopted by rule to ensure that such
3137 fees are increased to reflect, at a minimum, any upward
3138 adjustment in the Consumer Price Index compiled by the United
3139 States Department of Labor, or similar inflation indicator,
3140 since the original fee was established or most recently revised.
3141 (a) The department shall establish by rule the inflation
3142 index to be used for this purpose. The department shall review
3143 the drinking water permit application fees authorized under s.
3144 403.087(7) s. 403.087(6) and this part at least once every 5
3145 years and shall adjust the fees upward, as necessary, within the
3146 established fee caps to reflect changes in the Consumer Price
3147 Index or similar inflation indicator. In the event of deflation,
3148 the department shall consult with the Executive Office of the
3149 Governor and the Legislature to determine whether downward fee
3150 adjustments are appropriate based on the current budget and
3151 appropriation considerations. The department shall also review
3152 the drinking water operation license fees established pursuant
3153 to paragraph (7)(b) at least once every 5 years to adopt, as
3154 necessary, the same inflationary adjustments provided for in
3155 this subsection.
3156 (b) The minimum fee amount shall be the minimum fee
3157 prescribed in this section, and such fee amount shall remain in
3158 effect until the effective date of fees adopted by rule by the
3159 department.
3160 (21)(a) Upon issuance of a construction permit to construct
3161 a new public water system drinking water treatment facility to
3162 provide potable water supply using a surface water that, at the
3163 time of the permit application, is not being used as a potable
3164 water supply, and the classification of which does not include
3165 potable water supply as a designated use, the department shall
3166 add treated potable water supply as a designated use of the
3167 surface water segment in accordance with s. 403.061(30)(b) s.
3168 403.061(29)(b).
3169 (b) For existing public water system drinking water
3170 treatment facilities that use a surface water as a treated
3171 potable water supply, which surface water classification does
3172 not include potable water supply as a designated use, the
3173 department shall add treated potable water supply as a
3174 designated use of the surface water segment in accordance with
3175 s. 403.061(30)(b) s. 403.061(29)(b).
3176 Section 50. Effective July 1, 2021, subsection (1) of
3177 section 489.551, Florida Statutes, is amended to read:
3178 489.551 Definitions.—As used in this part:
3179 (1) “Department” means the Department of Environmental
3180 Protection Health.
3181 Section 51. Paragraph (b) of subsection (10) of section
3182 590.02, Florida Statutes, is amended to read:
3183 590.02 Florida Forest Service; powers, authority, and
3184 duties; liability; building structures; Withlacoochee Training
3185 Center.—
3186 (10)
3187 (b) The Florida Forest Service may delegate to a county,
3188 municipality, or special district its authority:
3189 1. As delegated by the Department of Environmental
3190 Protection pursuant to ss. 403.061(29) ss. 403.061(28) and
3191 403.081, to manage and enforce regulations pertaining to the
3192 burning of yard trash in accordance with s. 590.125(6).
3193 2. To manage the open burning of land clearing debris in
3194 accordance with s. 590.125.
3195 Section 52. The Division of Law Revision is directed to
3196 replace the phrase “before the rules identified in paragraph (e)
3197 take effect” as it is used in the amendment made by this act to
3198 s. 381.0065(4)(f), Florida Statutes, with the date such rules
3199 are adopted, as provided by the Department of Environmental
3200 Protection pursuant to s. 381.0065(4)(e), Florida Statutes, as
3201 amended by this act.
3202 Section 53. Except as otherwise expressly provided in this
3203 act, this act shall take effect July 1, 2020.