Florida Senate Bill 712 (Full Text)
Florida Senate Bill 712 (Full Text)
ARTICLE REFERENCE: CS/CS/SB 712: Environmental Resource Management
CS/CS/SB 712: Environmental Resource Management
Environmental Resource Management; Citing this act as the “Clean Waterways Act”; requiring the Department of Health to provide a specified report to the Governor and the Legislature by a specified date; requiring the Department of Health and the Department of Environmental Protection to submit to the Governor and the Legislature, by a specified date, certain recommendations relating to the transfer of the Onsite Sewage Program; directing water management districts to submit consolidated annual reports to the Office of Economic and Demographic Research; removing provisions requiring certain onsite sewage treatment and disposal system research projects to be approved by a Department of Health technical review and advisory panel, etc.
Last Action: 3/11/2020 Senate – Ordered enrolled -SJ 725
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 no468 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 State504 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 panel539 and shall beapplicable 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 Floridaand that are principally located in this 545 state Florida. Research projects shall not be awarded to firms546 or entities that employ or are associated with persons who serve547 on either the technical review and advisory panel or the548 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 the555 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 such583 permits contingent upon prior approval by the department of584 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 fromthe date of issuance dateand 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 fromthe date of issuance. An operating permit must be 593 obtained before prior tothe 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 fromthe date of issuance and must be 600 renewed annually. The operating permit for an aerobic treatment 601 unit is valid for 2 years after fromthe 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 is610 nofee 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 sewerage673 system is available. It is the intent ofThis paragraph does not 674 toallow 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 mustnot 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), no722 limitations shall be imposed by rule, relating to the distance723 between an onsite disposal system and any area that either724 permanently or temporarily has visible surface water.725 (g) All provisions ofThis 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 nofee 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 Noreasonable alternative, taking into consideration 778 factors such as cost, does not exist existsfor 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 Surgeon802 Generalor 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 sewerage830 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 seweragetreatment 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 shallnot 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 notobtain 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 utilizean 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 utilizean 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 eithershall 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 whichis 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 sewerby December 31, 2015, if the property owner has 985 paid a connection fee or assessment for connection to the 986 central sewerage sewersystem, 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 oflaw, 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 sewersystem until December 31, 2020. 1013 (m) A Noproduct 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 eventa 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 and1037 advisory committee, which shall meet at least semiannually. The1038 committee shall advise the department on directions for new1039 research, review and rank proposals for research contracts, and1040 review draft research reports and make comments. The committee1041 is comprised of:1042 1. A representative of the State Surgeon General, or his or1043 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, from1048 a department knowledgeable about onsite sewage treatment and1049 disposal systems.1050 6. A professional engineer registered in this state who has1051 work experience in onsite sewage treatment and disposal systems.1052 7. A representative from local government who is1053 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 the1059 appointments being staggered so that the terms of no more than1060 four members expire in any one year. Members shall serve without1061 remuneration, but are entitled to reimbursement for per diem and1062 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. NoSpecific documentation of 1068 property ownership is not shall berequired 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 tosubmission of an application for an 1075 onsite sewage treatment and disposal system. 1076 (q) (r) Nothing inThis section does not limit limitsthe 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 shallnot 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 ofsubparagraph 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 shallnot 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 toJanuary 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 Office1109 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 health1113 department pursuant to department rule other than a system using1114 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 shallnot 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 ofthis act. Any rule adopted pursuant 1306 to this act must shallbe 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 Nocounty, municipality, or 1310 political subdivision may not shalladopt 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 shall1317 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 shallnot 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 whereappropriate, 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 Where1407 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 than5 days, but not 1432 normore 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 the1456 provisions ofthis 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 forthin 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 ofThe 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 forthfor 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 forthin 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 forthin 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 forthin 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 forthin 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 Whereinterim 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 whereapplicable, shall mustnotify 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 ofs. 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 ofs. 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 Wherewater 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 Shouldthe reevaluation determines 1748 determinethat 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., and4., 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 ofSubparagraphs 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 forthin 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) NeitherThe Department of Health or norany other 2062 state agency, county, special district, or municipality may not 2063 shallapprove construction of any sewage disposal facilities for2064 sanitary sewage disposalwhich 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 Nofacilities for sanitary sewage2068 disposalconstructed after June 14, 1978, may not shalldispose 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 ofthis chapter or 2074 chapter 373, sewage disposal facilities for sanitary sewage2075 disposalmay 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, orCharlotte 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 shallnot 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 Anyfacilities for sanitary sewage2101 disposalshall 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 bepunishable 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 $10,000per 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 shallbe notless than 2237 $1,000 per day per violation. The department may shallnot 2238 impose administrative penalties in excess of $50,000 $10,000in 2239 a notice of violation. The department may shallnot 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 shall2246 be construed as preventingany other legal or administrative 2247 action in accordance with law and does not . Nothing in this2248 subsection shalllimit 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 $10,000for 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, eitherbefore 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 $10,000in 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 $2,000for 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 shallbe added to 2288 the scheduled administrative penalty. The total administrative 2289 penalty, including any economic benefit added to the scheduled 2290 administrative penalty, may shallnot exceed $10,000. 2291 (9) The administrative penalties assessed for any 2292 particular violation may shallnot exceed $10,000 $5,000against 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 shallnot exceed $50,000 $10,000per 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; or2329 (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 Healthon 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 Healthand 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 provisions2440 ofthis 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 Healthon 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 Healthand 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 Healthto 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 Healthon 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 Healthand 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(3 8 )must include the provisions of2527 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( 2 7), 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 of2596 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 of2699 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 shallnot 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 ofchapter 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 Healthshall 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 shall2901 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 Protectionshall, 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 Environmental2963 Protectionto provide any county or municipality with money to 2964 fund such programs. 2965 (c) The department of Healthmay not adopt any rule that 2966 alters the provisions ofthis section. 2967 (d) The department of Healthmust 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 disposal2988 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 ofthis 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 shallnot 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 shallnot 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 shall3100 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. , authorizingair 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. 4 03.087(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 4 03.087(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 4 03.087(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. 4 03.061( 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.