Bill Text: FL S0712 | 2020 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Environmental Resource Management
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2020-07-01 - Chapter No. 2020-150 [S0712 Detail]
Download: Florida-2020-S0712-Introduced.html
Bill Title: Environmental Resource Management
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2020-07-01 - Chapter No. 2020-150 [S0712 Detail]
Download: Florida-2020-S0712-Introduced.html
Florida Senate - 2020 SB 712 By Senator Mayfield 17-00724A-20 2020712__ 1 A bill to be entitled 2 An act relating to water quality improvements; 3 providing a short title; requiring the Department of 4 Environmental Protection, in coordination with the 5 Department of Health, to develop a report to be 6 submitted to the Legislature by a specified date on 7 the impacts of a type two transfer of the onsite 8 sewage program of the Department of Health to the 9 Department of Environmental Protection; providing 10 requirements for the report; amending s. 373.4131, 11 F.S.; clarifying the duty of the Department of 12 Environmental Protection to adopt, in coordination 13 with the water management districts, specified 14 statewide environmental resource permitting rules; 15 directing the water management districts, with 16 department oversight, to adopt rules for specified 17 design and performance standards relating to new 18 development and redevelopment projects; directing the 19 department to incorporate such rules by reference for 20 use within the geographic jurisdiction of each water 21 management district and to amend such rules into the 22 Environmental Resource Permit Applicant’s Handbook; 23 providing a rebuttable presumption that certain 24 stormwater management systems do not cause or 25 contribute to violations of applicable state water 26 quality standards; amending s. 373.807, F.S.; revising 27 the requirements for a basin management action plan 28 for an Outstanding Florida Spring; prohibiting a local 29 government from participating in the wastewater grant 30 program under certain circumstances; providing for 31 civil and criminal penalties; requiring certain 32 agricultural operations that fail to adopt a basin 33 management action plan or an alternative restoration 34 plan within a specified timeframe to sign a notice of 35 intent to implement certain practices, measures, or 36 monitoring; amending s. 373.811, F.S.; conforming a 37 cross-reference; creating s. 403.0616, F.S.; requiring 38 the department, subject to legislative appropriation, 39 to establish a real-time water quality monitoring 40 program; encouraging the formation of public-private 41 partnerships; amending s. 403.067, F.S.; requiring 42 certain agricultural operations that fail to adopt a 43 basin management action plan or alternative 44 restoration plan within a specified timeframe to sign 45 a notice of intent to implement certain practices, 46 measures, or monitoring; revising requirements for a 47 basin management action plan; defining the term 48 “onsite sewage treatment and disposal system”; 49 requiring a local government, in cooperation with 50 specified entities, to develop an onsite sewage 51 treatment and disposal system remediation plan as part 52 of the basin management action plan under certain 53 circumstances; providing requirements for such plan; 54 requiring local stakeholders to consider certain 55 elements as part of its alternative restoration plan; 56 providing for civil and criminal penalties; creating 57 s. 403.0673, F.S.; establishing a wastewater grant 58 program within the Department of Environmental 59 Protection; authorizing the department to distribute 60 appropriated funds for certain projects; providing 61 requirements for the distribution; requiring the 62 department to coordinate with each water management 63 district to identify grant recipients; requiring an 64 annual report to the Governor and the Legislature by a 65 specified date; creating s. 403.0771, F.S.; requiring 66 a wastewater treatment facility to notify customers 67 within a specified timeframe of unlawful discharges of 68 raw or partially treated sewage into any waterway or 69 aquifer; prohibiting a local government that owns such 70 a plant from participating in the wastewater grant 71 program until specified actions have taken place; 72 providing for civil and criminal penalties; requiring 73 the department to maintain a publicly accessible 74 website that contains certain information relating to 75 wastewater treatment facilities; amending s. 403.086, 76 F.S.; prohibiting facilities for sanitary sewage 77 disposal from disposing of any waste in the Indian 78 River Lagoon without first providing advanced waste 79 treatment; amending s. 403.121, F.S.; increasing the 80 maximum administrative penalty for certain violations; 81 providing that such maximum amounts do not apply to 82 violations of a basin management action plan or 83 certain wastewater discharges; amending s. 403.814, 84 F.S.; revising requirements for a general permit for 85 the construction, alteration, and maintenance of a 86 stormwater management system; amending s. 403.9337, 87 F.S.; providing for civil and criminal penalties for a 88 local government that fails to adopt, enact, and 89 implement a specified ordinance by a specified date; 90 requiring the Department of Environmental Protection 91 to revise basin management action plans by a specified 92 date; authorizing the department to grant an extension 93 to a local government upon a showing of good cause; 94 providing a declaration of important state interest; 95 providing effective dates. 96 97 Be It Enacted by the Legislature of the State of Florida: 98 99 Section 1. This act may be cited as the “Clean Waterways 100 Act.” 101 Section 2. The Department of Environmental Protection, in 102 coordination with the Department of Health, shall develop a 103 report for presentation to the Legislature by July 1, 2021, 104 which addresses the impacts of a type two transfer of the 105 Department of Health’s onsite sewage program to the Department 106 of Environmental Protection for the regulation of onsite sewage 107 treatment and disposal systems. The report must include 108 suggested revisions to state law, including both of the 109 following: 110 (1) Budgetary changes that would need to be addressed to 111 complete the type two transfer. 112 (2) Recommended language to address the nutrient pollution 113 caused by onsite sewage treatment systems. 114 Section 3. Subsections (1) and (3) of section 373.4131, 115 Florida Statutes, are amended to read: 116 373.4131 Statewide environmental resource permitting 117 rules.— 118 (1) The department shallinitiate rulemaking toadopt, in 119 coordination with the water management districts, statewide 120 environmental resource permitting rules governing the 121 construction, alteration, operation, maintenance, repair, 122 abandonment, and removal of any stormwater management system, 123 dam, impoundment, reservoir, appurtenant work, works, or any 124 combination thereof, under this part. 125 (a) The rules must provide for statewide, consistent 126 regulation of activities under this part and must include, at a 127 minimum: 128 1. Criteria and thresholds for requiring permits. 129 2. Types of permits. 130 3. Procedures governing the review of applications and 131 notices, duration and modification of permits, operational 132 requirements, transfers of permits, provisions for emergencies, 133 and provisions for abandonment and removal of systems. 134 4. Exemptions and general permits that do not allow 135 significant adverse impacts to occur individually or 136 cumulatively. 137 5. Conditions for issuance. 138 6. General permit conditions, including monitoring, 139 inspection, and reporting requirements. 140 7. Standardized fee categories for activities under this 141 part to promote consistency. The department and water management 142 districts may amend fee rules to reflect the standardized fee 143 categories but are not required to adopt identical fees for 144 those categories. 145 8. Application, notice, and reporting forms. To the maximum 146 extent practicable, the department and water management 147 districts shall provide for electronic submittal of forms and 148 notices. 149 9. An applicant’s handbook that, at a minimum, contains 150 general program information, application and review procedures, 151 a specific discussion of how environmental criteria are 152 evaluated, and discussion of stormwater quality and quantity 153 criteria. 154 (b) The rules must provide for a conceptual permit for a 155 municipality or county that creates a stormwater management 156 master plan for urban infill and redevelopment areas or 157 community redevelopment areas created under chapter 163. Upon 158 approval by the department or water management district, the 159 master plan shall become part of the conceptual permit issued by 160 the department or water management district. The rules must 161 additionally provide for an associated general permit for the 162 construction and operation of urban redevelopment projects that 163 meet the criteria established in the conceptual permit. The 164 following requirements must also be met: 165 1. The conceptual permit and associated general permit must 166 not conflict with the requirements of a federally approved 167 program pursuant to s. 403.0885 or with the implementation of s. 168 403.067(7) regarding total maximum daily loads and basin 169 management action plans. 170 2. Before a conceptual permit is approvedgranted, the 171 municipality or county must assert that stormwater discharges 172 from the urban redevelopment area do not cause or contribute to 173 violations of water quality standards by demonstrating a net 174 improvement in the quality of the discharged water existing on 175 the date the conceptual permit is approved. 176 3. The conceptual permit may not expire for at least 20 177 years unless a shorter duration is requested and must include an 178 option to renew. 179 4. The conceptual permit must describe the rate and volume 180 of stormwater discharges from the urban redevelopment area, 181 including the maximum rate and volume of stormwater discharges 182 as of the date the conceptual permit is approved. 183 5. The conceptual permit must contain provisions regarding 184 the use of stormwater best management practices and must ensure 185 that stormwater management systems constructed within the urban 186 redevelopment area are operated and maintained in compliance 187 with s. 373.416. 188 (c) The rules must rely primarily on the rules of the 189 department and water management districts in effect immediately 190 prior to the effective date of this section, except that the 191 department may: 192 1. Reconcile differences and conflicts to achieve a 193 consistent statewide approach. 194 2. Account for different physical or natural 195 characteristics, including special basin considerations, of 196 individual water management districts. 197 3. Implement additional permit streamlining measures. 198 (d) The application of the rules must continue to be 199 governed by the first sentence of s. 70.001(12). 200 (3)(a) The water management districts, with department 201 oversight, shallmay continue toadopt rules governing design 202 and performance standards for stormwater quality and quantity, 203 including design and performance standards that increase the 204 removal of nutrients from stormwater discharges from all new 205 development and redevelopment projects.andThe department shall 206mayincorporate the design and performance standards by 207 reference for use within the geographic jurisdiction of each 208 district to ensure that new pollutant loadings are not 209 discharged into impaired water bodies. By December 1, 2020, the 210 department and water management districts shall amend the 211 Environmental Resource Permit Applicant’s Handbook to include 212 revised best management practices design criteria and low-impact 213 design best management practices and design criteria that 214 increase the removal of nutrients from stormwater discharges 215 emanating from all new development and redevelopment projects, 216 and measures for consistent application of the net improvement 217 performance standard to ensure that new pollutant loadings are 218 not discharged into impaired water bodies. 219 (b) If a stormwater management system is designed in 220 accordance with the stormwater treatment requirements and best 221 management practices design and operation criteria adopted by 222 the department or a water management district under this part, 223 there is a rebuttable presumption that the stormwater management 224 system doesthe system design is presumednottocause or 225 contribute to violations of applicable state water quality 226 standards. 227 (c) If a stormwater management system is constructed, 228 operated, and maintained for stormwater treatment in accordance 229 with a valid permit or exemption under this part, there is a 230 rebuttable presumption that the stormwater managementdischarged231from thesystem doesis presumednottocause or contribute to 232 violations of applicable state water quality standards. 233 Section 4. Section 373.807, Florida Statutes, is amended to 234 read: 235 373.807 Protection of water quality in Outstanding Florida 236 Springs.—By July 1, 2016, the department shall initiate 237 assessment, pursuant to s. 403.067(3), of Outstanding Florida 238 Springs or spring systems for which an impairment determination 239 has not been made under the numeric nutrient standards in effect 240 for spring vents. Assessments must be completed by July 1, 2018. 241 (1)(a) Concurrent with the adoption of a nutrient total 242 maximum daily load for an Outstanding Florida Spring, the 243 department, or the department in conjunction with a water 244 management district, shall initiate development of a basin 245 management action plan, as specified in s. 403.067. For an 246 Outstanding Florida Spring with a nutrient total maximum daily 247 load adopted before July 1, 2016, the department, or the 248 department in conjunction with a water management district, 249 shall initiate development of a basin management action plan by 250 July 1, 2016. During the development of a basin management 251 action plan, if the department identifies onsite sewage 252 treatment and disposal systems as contributors of at least 20 253 percent of nonpoint source nutrientnitrogenpollution or if the 254 department determines remediation is necessary to achieve the 255 total maximum daily load, the basin management action plan shall 256 include an onsite sewage treatment and disposal system 257 remediation plan pursuant to s. 403.067(7)(d)subsection (3)for 258 those systems identified as requiring remediation. 259 (b) A basin management action plan for an Outstanding 260 Florida Spring shall be adopted within 2 years after its 261 initiation and must include, at a minimum: 262 1. A list of all specific projects and programs identified 263 to implement a nutrient total maximum daily load; 264 2. A list of all specific projects identified in any 265 incorporated onsite sewage treatment and disposal system 266 remediation plan, if applicable; 267 3. A priority rank for each listed project. The priority 268 ranking shall be based on the estimated reduction in nutrient 269 load per project, project readiness, cost effectiveness, overall 270 environmental benefit, location within the plan area, local 271 matching funds, and water savings or quantity improvements; 272 4. For each listed project, a planning level cost estimate, 273andthe estimated date of completion, and any onsite sewage 274 treatment and disposal system remediation plan as specified in 275 s. 403.067(7)(d). Each plan must include deadlines and is 276 subject to penalties required under s. 403.067; 277 5. The source and amount of financial assistance to be made 278 available by the department, a water management district, or 279 other entity for each listed project; 280 6. An estimate of each listed project’s nutrient load 281 reduction; 282 7. Identification of each point source or category of 283 nonpoint sources, including, but not limited to, urban turf 284 fertilizer, sports turf fertilizer, agricultural fertilizer, 285 onsite sewage treatment and disposal systems, wastewater 286 treatment facilities, animal wastes, and stormwater facilities. 287 An estimated allocation of the pollutant load must be provided 288 for each point source or category of nonpoint sources; and 289 8. An implementation plan designed with a target to achieve 290 the nutrient total maximum daily load no more than 20 years 291 after the adoption of a basin management action plan. 292 293 The department shall develop a schedule establishing 5-year, 10 294 year, and 15-year targets for achieving the nutrient total 295 maximum daily load. The schedule shall be used to provide 296 guidance for planning and funding purposes and is exempt from 297 chapter 120. 298 (c) For a basin management action plan adopted before July 299 1, 2016, which addresses an Outstanding Florida Spring, the 300 department or the department in conjunction with a water 301 management district must revise the plan if necessary to comply 302 with this section by July 1, 2018. 303 (d) A local government may apply to the department for a 304 single extension of up to 5 years for any project in an adopted 305 basin management action plan. A local government in a rural area 306 of opportunity, as defined in s. 288.0656, may apply for a 307 single extension of up to 10 years for such a project. The 308 department may grant the extension if the local government 309 provides to the department sufficient evidence that an extension 310 is in the best interest of the public. 311 (2) By July 1, 20212017, each local government, as defined 312 in s. 373.802(2), that has not adopted an ordinance pursuant to 313 s. 403.9337, shall develop, enact, and implement an ordinance 314 pursuant to that section. It is the intent of the Legislature 315 that ordinances required to be adopted under this subsection 316 reflect the latest scientific information, advancements, and 317 technological improvements in the industry. A local government 318 that fails to adopt, enact, and implement this subsection is 319 subject to a penalty as provided in ss. 403.121, 403.141, and 320 403.161 daily and may not participate in the wastewater grant 321 program established under s. 403.0673 until such time as the 322 ordinance has been adopted, enacted, and implemented. In 323 implementing the ordinance, a local government shall conduct 324 educational campaigns, enforcement programs, and mandatory 325 notification of property owners subject to the ordinance, and 326 shall submit a report on its implementation efforts to the 327 department for publication on the department’s website. 328 (3) If a basin management action plan or an alternative 329 restoration plan has not been adopted within 90 days after the 330 adoption of a nutrient total maximum daily load for an 331 Outstanding Florida Spring, agricultural operations located 332 within the associated Water Body Identification Number shall 333 sign a notice of intent to implement the applicable agricultural 334 best management practices or other measures adopted by the 335 Department of Agriculture and Consumer Services pursuant to s. 336 403.067(7)(c) or conduct water quality monitoring as prescribed 337 by the department or a water management district. Such 338 agricultural operations may be subject to enforcement action by 339 the department or a water management district based upon a 340 failure to comply with this subsection. 341(3)As part of a basin management action plan that includes342an Outstanding Florida Spring, the department, the Department of343Health, relevant local governments, and relevant local public344and private wastewater utilities shall develop an onsite sewage345treatment and disposal system remediation plan for a spring if346the department determines onsite sewage treatment and disposal347systems within a priority focus area contribute at least 20348percent of nonpoint source nitrogen pollution or if the349department determines remediation is necessary to achieve the350total maximum daily load. The plan shall identify cost-effective351and financially feasible projects necessary to reduce the352nutrient impacts from onsite sewage treatment and disposal353systems and shall be completed and adopted as part of the basin354management action plan no later than the first 5-year milestone355required by subparagraph (1)(b)8. The department is the lead356agency in coordinating the preparation of and the adoption of357the plan. The department shall:358(a)Collect and evaluate credible scientific information on359the effect of nutrients, particularly forms of nitrogen, on360springs and springs systems; and361(b)Develop a public education plan to provide area362residents with reliable, understandable information about onsite363sewage treatment and disposal systems and springs.364 365In addition to the requirements in s. 403.067, the plan shall366include options for repair, upgrade, replacement, drainfield367modification, addition of effectivenitrogen reducing features,368connection to a central sewerage system, or other action for an369onsite sewage treatment and disposal system or group of systems370within a priority focus area that contribute at least 20 percent371of nonpoint source nitrogen pollution or if the department372determines remediation is necessary to achieve a total maximum373daily load. For these systems, the department shall include in374the plan a priority ranking for each system or group of systems375that requires remediation and shall award funds to implement the376remediation projects contingent on an appropriation in the377General Appropriations Act, which may include all or part of the378costs necessary for repair, upgrade, replacement, drainfield379modification, addition of effective nitrogen reducing features,380initial connection to a central sewerage system, or other381action. In awarding funds, the department may consider expected382nutrient reduction benefit per unit cost, size and scope of383project, relative local financial contribution to the project,384and the financial impact on property owners and the community.385The department may waive matching funding requirements for386proposed projects within an area designated as a rural area of387opportunity under s. 288.0656.388 (4) The department shall provide notice to a local 389 government of all permit applicants under s. 403.814(12) in a 390 priority focus area of an Outstanding Florida Spring over which 391 the local government has full or partial jurisdiction. 392 Section 5. Subsection (2) of section 373.811, Florida 393 Statutes, is amended to read: 394 373.811 Prohibited activities within a priority focus 395 area.—The following activities are prohibited within a priority 396 focus area in effect for an Outstanding Florida Spring: 397 (2) New onsite sewage treatment and disposal systems on 398 lots of less than 1 acre, if the addition of the specific 399 systems conflicts with an onsite treatment and disposal system 400 remediation plan incorporated into a basin management action 401 plan in accordance with s. 403.067(7)(d)s. 373.807(3). 402 Section 6. Section 403.0616, Florida Statutes, is created 403 to read: 404 403.0616 Real-time water quality monitoring program.– 405 (1) Subject to appropriation, the department shall 406 establish a real-time water quality monitoring program to assist 407 in the restoration, preservation, and enhancement of impaired 408 waterbodies and coastal resources. 409 (2) In order to expedite the creation and implementation of 410 the program, the department is encouraged to form public-private 411 partnerships with established scientific entities with existing, 412 proven real-time water quality monitoring equipment and 413 experience in deploying such equipment. 414 Section 7. Present paragraph (d) of subsection (7) of 415 section 403.067, Florida Statutes, is redesignated as paragraph 416 (f), a new paragraph (d) and paragraph (e) are added to that 417 subsection, paragraph (a) of that subsection is amended, and 418 paragraph (d) is added to subsection (3) of that section, to 419 read: 420 403.067 Establishment and implementation of total maximum 421 daily loads.— 422 (3) ASSESSMENT.— 423 (d) If a basin management action plan or an alternative 424 restoration plan has not been adopted within 90 days after the 425 adoption of a total maximum daily load for a water body or water 426 body segment, agricultural operations located within the 427 associated Water Body Identification Number must sign a notice 428 of intent to implement the applicable agricultural best 429 management practices or other measures adopted by the Department 430 of Agriculture and Consumer Services pursuant to s. 431 403.067(7)(c) or conduct water quality monitoring as prescribed 432 by the department or a water management district. Such 433 agricultural operations may be subject to enforcement action by 434 the department or a water management district based upon a 435 failure to comply with this paragraph. 436 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND 437 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.— 438 (a) Basin management action plans.— 439 1. In developing and implementing the total maximum daily 440 load for a water body, the department, or the department in 441 conjunction with a water management district, may develop a 442 basin management action plan that addresses some or all of the 443 watersheds and basins tributary to the water body. Such plan 444 must integrate the appropriate management strategies available 445 to the state through existing water quality protection programs 446 to achieve the total maximum daily loads and may provide for 447 phased implementation of these management strategies to promote 448 timely, cost-effective actions as provided for in s. 403.151. 449 The plan must establish a schedule implementing the management 450 strategies; provide detailed information for improvement 451 projects, including descriptions and timelines for completion;,452 establish a basis for evaluating the plan’s effectiveness;,and 453 identify feasible funding strategies for implementing the plan’s 454 management strategies. The management strategies may include 455 regional treatment systems or other public works, where 456 appropriate, and voluntary trading of water quality credits to 457 achieve the needed pollutant load reductions. 458 2. A basin management action plan must equitably allocate, 459 pursuant to paragraph (6)(b), pollutant reductions to individual 460 basins, as a whole to all basins, or to each identified point 461 source or category of nonpoint sources, as appropriate. For 462 nonpoint sources for which best management practices have been 463 adopted, the initial requirement specified by the plan must be 464 those practices developed pursuant to paragraph (c). Where 465 appropriate, the plan may take into account the benefits of 466 pollutant load reduction achieved by point or nonpoint sources 467 that have implemented management strategies to reduce pollutant 468 loads, including best management practices, before the 469 development of the basin management action plan. The plan must 470 also identify the mechanisms that will address potential future 471 increases in pollutant loading. 472 3. The basin management action planning process is intended 473 to involve the broadest possible range of interested parties, 474 with the objective of encouraging the greatest amount of 475 cooperation and consensus possible. In developing a basin 476 management action plan, the department shall assure that key 477 stakeholders, including, but not limited to, applicable local 478 governments, water management districts, the Department of 479 Agriculture and Consumer Services, other appropriate state 480 agencies, local soil and water conservation districts, 481 environmental groups, regulated interests, and affected 482 pollution sources, are invited to participate in the process. 483 The department shall hold at least one public meeting in the 484 vicinity of the watershed or basin to discuss and receive 485 comments during the planning process and shall otherwise 486 encourage public participation to the greatest practicable 487 extent. Notice of the public meeting must be published in a 488 newspaper of general circulation in each county in which the 489 watershed or basin lies not less than 5 days nor more than 15 490 days before the public meeting. A basin management action plan 491 does not supplant or otherwise alter any assessment made under 492 subsection (3) or subsection (4) or any calculation or initial 493 allocation. 494 4. Each new or revised basin management action plan shall 495 include: 496 a. The appropriate management strategies available through 497 existing water quality protection programs to achieve total 498 maximum daily loads, which may provide for phased implementation 499 to promote timely, cost-effective actions as provided for in s. 500 403.151; 501 b. A description of best management practices adopted by 502 rule; 503 c. A list of projects in priority ranking with a planning 504 level cost estimate and estimated date of completion for each 505 listed project. The priority ranking must be based on the 506 estimated reduction in nutrient load per project, project 507 readiness, cost-effectiveness, overall environmental benefit, 508 location within the plan area, local matching funds, and water 509 savings or quantity improvements; 510 d. The source and amount of financial assistance to be made 511 available by the department, a water management district, or 512 other entity for each listed project, if applicable; and 513 e. A planning-level estimate of each listed project’s 514 expected load reduction, if applicable. 515 5. The department shall adopt all or any part of a basin 516 management action plan and any amendment to such plan by 517 secretarial order pursuant to chapter 120 to implement the 518 provisions of this section. 519 6. The basin management action plan must include milestones 520 for implementation and water quality improvement, and an 521 associated water quality monitoring component sufficient to 522 evaluate whether reasonable progress in pollutant load 523 reductions is being achieved over time. An assessment of 524 progress toward these milestones shall be conducted every 5 525 years, and revisions to the plan shall be made as appropriate. 526 Revisions to the basin management action plan shall be made by 527 the department in cooperation with basin stakeholders. Revisions 528 to the management strategies required for nonpoint sources must 529 follow the procedures set forth in subparagraph (c)4. Revised 530 basin management action plans must be adopted pursuant to 531 subparagraph 5. 532 7. In accordance with procedures adopted by rule under 533 paragraph (9)(c), basin management action plans, and other 534 pollution control programs under local, state, or federal 535 authority as provided in subsection (4), may allow point or 536 nonpoint sources that will achieve greater pollutant reductions 537 than required by an adopted total maximum daily load or 538 wasteload allocation to generate, register, and trade water 539 quality credits for the excess reductions to enable other 540 sources to achieve their allocation; however, the generation of 541 water quality credits does not remove the obligation of a source 542 or activity to meet applicable technology requirements or 543 adopted best management practices. Such plans must allow trading 544 between NPDES permittees, and trading that may or may not 545 involve NPDES permittees, where the generation or use of the 546 credits involve an entity or activity not subject to department 547 water discharge permits whose owner voluntarily elects to obtain 548 department authorization for the generation and sale of credits. 549 8. The provisions of the department’s rule relating to the 550 equitable abatement of pollutants into surface waters do not 551 apply to water bodies or water body segments for which a basin 552 management plan that takes into account future new or expanded 553 activities or discharges has been adopted under this section. 554 (d) Onsite sewage treatment and disposal systems.— 555 1. For purposes of this paragraph, the term “onsite sewage 556 treatment and disposal system” has the same meaning as in s. 557 381.0065. 558 2.a. As part of a basin management action plan, the 559 department, the Department of Health, relevant local 560 governments, and relevant local public and private wastewater 561 utilities shall develop an onsite sewage treatment and disposal 562 system remediation plan if the department identifies onsite 563 sewage treatment and disposal systems as contributors of at 564 least 20 percent of nonpoint source nutrient pollution or if the 565 department determines that remediation is necessary to achieve a 566 total maximum daily load. 567 b. In order to promote cost-effective remediation, the 568 department may identify one or more onsite sewage treatment and 569 disposal system priority focus areas. The department shall 570 identify these areas by considering soil conditions; groundwater 571 or surface water travel time; proximity to surface waters, 572 including predominantly marine waters as defined by department 573 rule; hydrogeology; onsite system density; nutrient load; and 574 other factors that may lead to water quality degradation. For 575 basin management action plans not governed by part VIII of 576 chapter 373, an onsite sewage treatment and disposal system 577 priority focus area means the area or areas of a basin where the 578 groundwater or surface water is generally most vulnerable to 579 pollutant inputs where there is a known connectivity between 580 groundwater pathways and an impaired water body, as determined 581 by the department in consultation with the appropriate water 582 management districts and delineated in a basin management action 583 plan. 584 c. The remediation plan must identify cost-effective and 585 financially feasible projects necessary to reduce the nutrient 586 impacts from onsite sewage treatment and disposal systems. The 587 plan shall be completed and adopted as part of the basin 588 management action plan no later than the first 5-year milestone 589 assessment identified in subparagraph (a)6., for basin 590 management action plans generally, or as required in s. 591 373.807(1)(b)8., for Outstanding Florida Springs. Before 592 adopting the plan, the department shall hold one or more 593 publicly noticed meetings to receive input on the plan from the 594 general public. The plan shall include options for repair, 595 upgrade, replacement, drainfield modification, addition of 596 effective nitrogen reducing features, connection to a central 597 sewerage system, or other action for an onsite sewage treatment 598 and disposal system or group of systems. The department is the 599 lead agency in coordinating the preparation and adoption of the 600 plan. The department shall: 601 I. Collect and evaluate credible scientific information on 602 the effect of nutrients, particularly forms of nitrogen, on 603 springs and springs systems; and 604 II. Develop a public education plan to provide area 605 residents with reliable, understandable information about onsite 606 sewage treatment and disposal systems and springs. 607 d. In addition to any other restrictions required to 608 achieve the total maximum daily load, the department may impose 609 any of the restrictions in s. 373.811 within any onsite sewage 610 treatment disposal priority focus area. 611 e. If a local government fails to meet the timelines or 612 comply with the requirements of the onsite sewage treatment and 613 disposal system remediation plan, the local government may not 614 participate in the wastewater grant program established under s. 615 403.0673 until the actions in the remediation plan have been 616 completed. In addition, the department shall, unless good cause 617 is shown, assess penalties pursuant to ss. 403.121, 403.141, and 618 403.161 until the actions in the remediation plan have been 619 completed. The department may reduce penalties based on 620 expenditures designed to achieve compliance with the remediation 621 plan. 622 (e) Alternative restoration plan.— 623 1. As part of its alternative restoration plan for a water 624 body, the local stakeholders proposing the plan must consider: 625 a. The implementation of agricultural best management 626 practices or monitoring for nonpoint sources of pollution in 627 accordance with paragraph (c); 628 b. The implementation of an onsite sewage treatment and 629 disposal system remediation plan where such remediation is 630 necessary to restore the water body in accordance with paragraph 631 (e); and 632 c. The adoption of advanced waste treatment levels or 633 higher water quality effluent standards for wastewater treatment 634 plants. 635 2. In addition, the restoration plan must include any other 636 pollution control mechanisms that are being implemented to 637 demonstrate a reasonable assurance that existing or proposed 638 pollution control mechanisms or programs will effectively 639 address the impairment. Upon adoption of such a restoration 640 plan, the requirement that best management practices or 641 monitoring be conducted within the watershed impacting the water 642 body is enforceable pursuant to this section and ss. 403.121, 643 403.141, and 403.161. 644 Section 8. Section 403.0673, Florida Statutes, is created 645 to read: 646 403.0673 Wastewater grant program.—A wastewater grant 647 program is established within the Department of Environmental 648 Protection. 649 (1) Subject to the appropriation of funds by the 650 Legislature, the department may provide grants for projects that 651 will individually or collectively reduce excess nutrient 652 pollution within a basin management action plan or an 653 alternative restoration plan adopted by final order for all of 654 the following: 655 (a) Projects to retrofit onsite sewage treatment and 656 disposal systems to upgrade them to nutrient-reducing onsite 657 sewage treatment and disposal systems. 658 (b) Projects to construct, upgrade, or expand facilities to 659 provide advanced waste treatment, as defined in s. 403.086(4). 660 (c) Projects to connect onsite sewage treatment and 661 disposal systems to central sewer facilities. 662 (2) In allocating such funds, priority must be given to 663 projects that subsidize the connection of onsite sewage 664 treatment and disposal systems to a wastewater treatment plant. 665 In determining priorities, the department shall consider the 666 estimated reduction in nutrient load per project; project 667 readiness; cost-effectiveness of the project; overall 668 environmental benefit of a project; the location of a project 669 within the plan area; the availability of local matching funds; 670 and projected water savings or quantity improvements associated 671 with a project. 672 (3) Each grant for a project described in subsection (1) 673 must require a minimum of a 50 percent local match of funds. 674 However, the department may, at its discretion, waive, in whole 675 or in part, this consideration of the local contribution for 676 proposed projects within an area designated as a rural area of 677 opportunity under s. 288.0656. 678 (4) The department shall coordinate with each water 679 management district, as necessary, to identify grant recipients 680 in each district. 681 (5) Beginning January 1, 2021, and each January 1 682 thereafter, the department shall submit a report regarding the 683 projects funded pursuant to this section to the Governor, the 684 President of the Senate, and the Speaker of the House of 685 Representatives. 686 Section 9. Section 403.0771, Florida Statutes, is created 687 to read: 688 403.0771 Sewage spill notification; moratorium.— 689 (1) In addition to the public notification requirements of 690 s. 403.077, a wastewater treatment facility that unlawfully 691 discharges raw or partially treated sewage into any waterway or 692 aquifer must, within 24 hours after discovering the discharge, 693 notify its customers that the discharge has occurred. 694 (2) If a wastewater treatment facility owned by a local 695 government unlawfully discharges raw or partially treated sewage 696 into any waterway or aquifer, the local government may not 697 participate in the wastewater grant program established under s. 698 403.0673 until any required maintenance, repair, or improvement 699 has been implemented to reduce or eliminate sanitary sewage 700 overflows, as determined by the department. In addition, the 701 department shall assess a penalty pursuant to ss. 403.121, 702 403.141, and 403.161 daily against a public or private 703 wastewater facility that unlawfully discharges raw or partially 704 treated sewage into any waterway or aquifer until the required 705 maintenance, repair, or improvement has been implemented. The 706 department may reduce a penalty based on the wastewater 707 treatment facility’s investment in assessment and maintenance 708 activities to identify and address conditions that may cause 709 sanitary sewage overflows. 710 (3) The department shall maintain a publicly accessible 711 website that includes any current consent orders applicable to a 712 wastewater treatment facility entered into as a result of 713 sanitary sewer overflows, as well as any reports filed by the 714 facility in accordance with open consent orders. 715 Section 10. Effective July 1, 2025, paragraph (c) of 716 subsection (1) of section 403.086, Florida Statutes, is amended 717 to read: 718 403.086 Sewage disposal facilities; advanced and secondary 719 waste treatment.— 720 (1) 721 (c) Notwithstanding any other provisions of this chapter or 722 chapter 373, facilities for sanitary sewage disposal may not 723 dispose of any wastes into Old Tampa Bay, Tampa Bay, 724 Hillsborough Bay, Boca Ciega Bay, St. Joseph Sound, Clearwater 725 Bay, Sarasota Bay, Little Sarasota Bay, Roberts Bay, Lemon Bay, 726 or Charlotte Harbor Bay, Indian River Lagoon, or into any river, 727 stream, channel, canal, bay, bayou, sound, or other water 728 tributary thereto, without providing advanced waste treatment, 729 as defined in subsection (4), approved by the department. This 730 paragraph shall not apply to facilities which were permitted by 731 February 1, 1987, and which discharge secondary treated 732 effluent, followed by water hyacinth treatment, to tributaries 733 of tributaries of the named waters; or to facilities permitted 734 to discharge to the nontidally influenced portions of the Peace 735 River. 736 Section 11. Paragraphs (b) and (g) of subsection (2) and 737 subsections (3), (8), and (9) of section 403.121, Florida 738 Statutes, are amended, and subsection (13) is added to that 739 section, to read: 740 403.121 Enforcement; procedure; remedies.—The department 741 shall have the following judicial and administrative remedies 742 available to it for violations of this chapter, as specified in 743 s. 403.161(1). 744 (2) Administrative remedies: 745 (b) If the department has reason to believe a violation has 746 occurred, it may institute an administrative proceeding to order 747 the prevention, abatement, or control of the conditions creating 748 the violation or other appropriate corrective action. Except for 749 violations involving hazardous wastes, asbestos, or underground 750 injection, the department shall proceed administratively in all 751 cases in which the department seeks administrative penalties 752 that do not exceed $20,000$10,000per assessment as calculated 753 in accordance with subsections (3), (4), (5), (6), and (7). 754 Pursuant to 42 U.S.C. s. 300g-2, the administrative penalty 755 assessed pursuant to subsection (3), subsection (4), or 756 subsection (5) against a public water system serving a 757 population of more than 10,000 shall be not less than $1,000 per 758 day per violation. The department shall not impose 759 administrative penalties in excess of $20,000$10,000in a 760 notice of violation. The department shall not have more than one 761 notice of violation seeking administrative penalties pending 762 against the same party at the same time unless the violations 763 occurred at a different site or the violations were discovered 764 by the department subsequent to the filing of a previous notice 765 of violation. 766 (g) Nothing herein shall be construed as preventing any 767 other legal or administrative action in accordance with law. 768 Nothing in this subsection shall limit the department’s 769 authority provided in ss. 403.131, 403.141, and this section to 770 judicially pursue injunctive relief. When the department 771 exercises its authority to judicially pursue injunctive relief, 772 penalties in any amount up to the statutory maximum sought by 773 the department must be pursued as part of the state court action 774 and not by initiating a separate administrative proceeding. The 775 department retains the authority to judicially pursue penalties 776 in excess of $20,000$10,000for violations not specifically 777 included in the administrative penalty schedule, or for multiple 778 or multiday violations alleged to exceed a total of $20,000 779$10,000. The department also retains the authority provided in 780 ss. 403.131, 403.141, and this section to judicially pursue 781 injunctive relief and damages, if a notice of violation seeking 782 the imposition of administrative penalties has not been issued. 783 The department has the authority to enter into a settlement, 784 either before or after initiating a notice of violation, and the 785 settlement may include a penalty amount different from the 786 administrative penalty schedule. Any case filed in state court 787 because it is alleged to exceed a total of $20,000$10,000in 788 penalties may be settled in the court action for less than 789 $20,000$10,000. 790 (3) Except for violations involving hazardous wastes, 791 asbestos,orunderground injection, or unpermitted wastewater 792 discharges that result in a water quality violation, 793 administrative penalties must be calculated according to the 794 following schedule: 795 (a) For a drinking water contamination violation, the 796 department shall assess a penalty of $2,000 for a Maximum 797 Containment Level (MCL) violation; plus $1,000 if the violation 798 is for a primary inorganic, organic, or radiological Maximum 799 Contaminant Level or it is a fecal coliform bacteria violation; 800 plus $1,000 if the violation occurs at a community water system; 801 and plus $1,000 if any Maximum Contaminant Level is exceeded by 802 more than 100 percent. For failure to obtain a clearance letter 803 prior to placing a drinking water system into service when the 804 system would not have been eligible for clearance, the 805 department shall assess a penalty of $3,000. 806 (b) For failure to obtain a required wastewater permit, 807 other than a permit required for surface water discharge, the 808 department shall assess a penalty of $1,000. For a domestic or 809 industrial wastewater violation not involving a surface water or 810 groundwater quality violation, the department shall assess a 811 penalty of $2,000 for an unpermitted or unauthorized discharge 812 or effluent-limitation exceedance.For an unpermitted or813unauthorized discharge or effluent-limitation exceedance that814resulted in a surface water or groundwater quality violation,815the department shall assess a penalty of $5,000.816 (c) For a dredge and fill or stormwater violation, the 817 department shall assess a penalty of $1,000 for unpermitted or 818 unauthorized dredging or filling or unauthorized construction of 819 a stormwater management system against the person or persons 820 responsible for the illegal dredging or filling, or unauthorized 821 construction of a stormwater management system plus $2,000 if 822 the dredging or filling occurs in an aquatic preserve, 823 Outstanding Florida Water, conservation easement, or Class I or 824 Class II surface water, plus $1,000 if the area dredged or 825 filled is greater than one-quarter acre but less than or equal 826 to one-half acre, and plus $1,000 if the area dredged or filled 827 is greater than one-half acre but less than or equal to one 828 acre. The administrative penalty schedule shall not apply to a 829 dredge and fill violation if the area dredged or filled exceeds 830 one acre. The department retains the authority to seek the 831 judicial imposition of civil penalties for all dredge and fill 832 violations involving more than one acre. The department shall 833 assess a penalty of $3,000 for the failure to complete required 834 mitigation, failure to record a required conservation easement, 835 or for a water quality violation resulting from dredging or 836 filling activities, stormwater construction activities or 837 failure of a stormwater treatment facility. For stormwater 838 management systems serving less than 5 acres, the department 839 shall assess a penalty of $2,000 for the failure to properly or 840 timely construct a stormwater management system. In addition to 841 the penalties authorized in this subsection, the department 842 shall assess a penalty of $5,000 per violation against the 843 contractor or agent of the owner or tenant that conducts 844 unpermitted or unauthorized dredging or filling. For purposes of 845 this paragraph, the preparation or signing of a permit 846 application by a person currently licensed under chapter 471 to 847 practice as a professional engineer shall not make that person 848 an agent of the owner or tenant. 849 (d) For mangrove trimming or alteration violations, the 850 department shall assess a penalty of $5,000 per violation 851 against the contractor or agent of the owner or tenant that 852 conducts mangrove trimming or alteration without a permit as 853 required by s. 403.9328. For purposes of this paragraph, the 854 preparation or signing of a permit application by a person 855 currently licensed under chapter 471 to practice as a 856 professional engineer shall not make that person an agent of the 857 owner or tenant. 858 (e) For solid waste violations, the department shall assess 859 a penalty of $2,000 for the unpermitted or unauthorized disposal 860 or storage of solid waste; plus $1,000 if the solid waste is 861 Class I or Class III (excluding yard trash) or if the solid 862 waste is construction and demolition debris in excess of 20 863 cubic yards, plus $1,000 if the waste is disposed of or stored 864 in any natural or artificial body of water or within 500 feet of 865 a potable water well, plus $1,000 if the waste contains PCB at a 866 concentration of 50 parts per million or greater; untreated 867 biomedical waste; friable asbestos greater than 1 cubic meter 868 which is not wetted, bagged, and covered; used oil greater than 869 25 gallons; or 10 or more lead acid batteries. The department 870 shall assess a penalty of $3,000 for failure to properly 871 maintain leachate control; unauthorized burning; failure to have 872 a trained spotter on duty at the working face when accepting 873 waste; failure to provide access control for three consecutive 874 inspections. The department shall assess a penalty of $2,000 for 875 failure to construct or maintain a required stormwater 876 management system. 877 (f) For an air emission violation, the department shall 878 assess a penalty of $1,000 for an unpermitted or unauthorized 879 air emission or an air-emission-permit exceedance, plus $1,000 880 if the emission results in an air quality violation, plus $3,000 881 if the emission was from a major source and the source was major 882 for the pollutant in violation; plus $1,000 if the emission was 883 more than 150 percent of the allowable level. 884 (g) For storage tank system and petroleum contamination 885 violations, the department shall assess a penalty of $5,000 for 886 failure to empty a damaged storage system as necessary to ensure 887 that a release does not occur until repairs to the storage 888 system are completed; when a release has occurred from that 889 storage tank system; for failure to timely recover free product; 890 or for failure to conduct remediation or monitoring activities 891 until a no-further-action or site-rehabilitation completion 892 order has been issued. The department shall assess a penalty of 893 $3,000 for failure to timely upgrade a storage tank system. The 894 department shall assess a penalty of $2,000 for failure to 895 conduct or maintain required release detection; failure to 896 timely investigate a suspected release from a storage system; 897 depositing motor fuel into an unregistered storage tank system; 898 failure to timely assess or remediate petroleum contamination; 899 or failure to properly install a storage tank system. The 900 department shall assess a penalty of $1,000 for failure to 901 properly operate, maintain, or close a storage tank system. 902 (8) The direct economic benefit gained by the violator from 903 the violation, where consideration of economic benefit is 904 provided by Florida law or required by federal law as part of a 905 federally delegated or approved program, shall be added to the 906 scheduled administrative penalty. The total administrative 907 penalty, including any economic benefit added to the scheduled 908 administrative penalty, shall not exceed $20,000$10,000. 909 (9) The administrative penalties assessed for any 910 particular violation shall not exceed $10,000$5,000against any 911 one violator, unless the violator has a history of 912 noncompliance, the economic benefit of the violation as 913 described in subsection (8) exceeds $10,000$5,000, or there are 914 multiday violations. The total administrative penalties shall 915 not exceed $20,000$10,000per assessment for all violations 916 attributable to a specific person in the notice of violation. 917 (13) The restrictions imposed under this section on the 918 amount of administrative penalties the department may assess do 919 not apply to violations of a basin management action plan or any 920 unauthorized or unpermitted wastewater discharge or effluent 921 limitation exceedance that resulted in a surface or groundwater 922 quality violation. 923 Section 12. Subsection (12) of section 403.814, Florida 924 Statutes, is amended to read: 925 403.814 General permits; delegation.— 926 (12) A general permit is granted for the construction, 927 alteration, and maintenance of a stormwater management system 928 serving a total project area of up to 10 acres meeting the 929 criteria of this subsection. Such stormwater management systems 930 must be designed, operated, and maintained in accordance with 931 applicable rules adopted pursuant to part IV of chapter 373. 932 There is a rebuttable presumption that the discharge from such 933 systems complies with state water quality standards. The 934 construction of such a system may proceed without any further 935 agency action by the department or water management district if, 936 before construction begins, an electronic self-certification is 937 submitted to the department or water management district which 938 certifies that the proposed system was designed by a Florida 939 registered professional and that the registered professional has 940 certified that the proposed system will meet the following 941 additional requirements: 942 (a) The total project area involves less than 10 acres and 943 less than 2 acres of impervious surface; 944 (b) Activities will not impact wetlands or other surface 945 waters; 946 (c) Activities are not conducted in, on, or over wetlands 947 or other surface waters; 948 (d) Drainage facilities will not include pipes having 949 diameters greater than 24 inches, or the hydraulic equivalent, 950 and will not use pumps in any manner; 951 (e) The project is not part of a larger common plan, 952 development, or sale;and953 (f) The project does not: 954 1. Cause adverse water quantity or flooding impacts to 955 receiving water and adjacent lands; 956 2. Cause adverse impacts to existing surface water storage 957 and conveyance capabilities; 958 3. Cause a violation of state water quality standards; or 959 4. Cause an adverse impact to the maintenance of surface or 960 ground water levels or surface water flows established pursuant 961 to s. 373.042 or a work of the district established pursuant to 962 s. 373.086; and.963 (g) The project is not within a basin management action 964 plan or an alternative restoration plan. 965 Section 13. Present subsection (4) of section 403.9337, 966 Florida Statutes, is redesignated as subsection (5), and a new 967 subsection (4) is added to that section, to read: 968 403.9337 Model Ordinance for Florida-Friendly Fertilizer 969 Use on Urban Landscapes.— 970 (4) A local government that fails to adopt, enact, and 971 implement an ordinance required by subsection (2) by January 1, 972 2021, is subject to a penalty as provided in ss. 403.121, 973 403.141, and 403.161 daily and may not participate in the 974 wastewater grant program established under s. 403.0673 until the 975 ordinance has been adopted, enacted, and implemented. In 976 implementing the ordinance, a local government shall conduct 977 educational campaigns, enforcement programs, and mandatory 978 notification of property owners subject to the ordinance, and 979 shall submit a report on its efforts to the department for 980 publication on the department’s website. 981 Section 14. (1) The Department of Environmental Protection 982 shall revise all basin management action plans that were adopted 983 pursuant to s. 403.067(7), Florida Statutes, and that were 984 approved by the Secretary of Environmental Protection or 985 prepared by the department before July 1, 2020, to conform 986 existing plans to changes made by this act. Revisions to such 987 basin management action plans made pursuant to this act must be 988 completed by the next required 5-year milestone assessment for 989 those revisions scheduled for on or after July 1, 2022. The 990 department may grant a 6-month extension, upon a showing of good 991 cause, to a local government on the deadlines for its wastewater 992 treatment project plan or onsite sewage treatment and disposal 993 system remediation plans submitted as part of a basin management 994 action plan. 995 Section 15. The Legislature determines and declares that 996 this act fulfills an important state interest. 997 Section 16. Except as otherwise expressly provided in this 998 act, this act shall take effect July 1, 2020.