Bill Text: FL S0712 | 2020 | Regular Session | Comm Sub
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-Comm_Sub.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-Comm_Sub.html
Florida Senate - 2020 CS for CS for SB 712 By the Committees on Appropriations; and Community Affairs; and Senators Mayfield, Harrell, and Albritton 576-03987-20 2020712c2 1 A bill to be entitled 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. 20.255, F.S.; 18 reducing the number of members of the Cabinet required 19 concur with the Governor’s appointment of the 20 Secretary of Environmental Protection; amending s. 21 373.036, F.S.; requiring water management districts to 22 submit consolidated annual reports to the Office of 23 Economic and Demographic Research; requiring such 24 reports to include connection and conversion projects 25 for onsite sewage treatment and disposal systems; 26 amending s. 373.223, F.S.; requiring a consumptive use 27 permit to use water derived from a spring for bottled 28 water to meet certain requirements before approval; 29 providing for the expiration of such requirements; 30 requiring the Department of Environmental Protection, 31 in coordination with the water management districts, 32 to conduct a study on the bottled water industry in 33 this state; providing requirements for the study; 34 requiring the department to submit a report containing 35 the findings of the study to the Governor, the 36 Legislature, and the Office of Economic and 37 Demographic Research by a specified date; defining the 38 terms “bottled water” and “water derived from a 39 spring”; amending s. 373.4131, F.S.; requiring the 40 Department of Environmental Protection to include 41 stormwater structural control inspections as part of 42 its regular staff training; requiring the department 43 and the water management districts to adopt rules 44 regarding stormwater design and operation by a 45 specified date; requiring the department to evaluate 46 data relating to self-certification and provide the 47 Legislature with recommendations; amending s. 48 381.0065, F.S.; conforming provisions to changes made 49 by the act; requiring the department to adopt rules 50 for the location of onsite sewage treatment and 51 disposal systems and complete such rulemaking by a 52 specified date; requiring the department to evaluate 53 certain data relating to the self-certification 54 program and provide the Legislature with 55 recommendations by a specified date; providing that 56 certain provisions relating to existing setback 57 requirements are applicable to permits only until the 58 adoption of certain rules by the department; removing 59 provisions establishing a Department of Health onsite 60 sewage treatment and disposal system research review 61 and advisory committee; requiring the department to 62 implement a specified approval process for the use of 63 nutrient reducing onsite sewage treatment and disposal 64 systems standards; creating s. 381.00652, F.S.; 65 creating an onsite sewage treatment and disposal 66 systems technical advisory committee within the 67 department; providing the duties and membership of the 68 committee; requiring the committee to submit 69 recommendations to the Governor and the Legislature by 70 a specified date; providing for the expiration of the 71 committee; defining a term; repealing s. 381.0068, 72 F.S., relating to a technical review and advisory 73 panel; amending s. 403.061, F.S.; requiring the 74 department to adopt rules relating to the underground 75 pipes of wastewater collection systems; requiring 76 public utilities or their affiliated companies that 77 hold or are seeking a wastewater discharge permit to 78 file certain reports and data with the department; 79 creating s. 403.0616, F.S.; requiring the department, 80 subject to legislative appropriation, to establish a 81 real-time water quality monitoring program; 82 encouraging the formation of public-private 83 partnerships; amending s. 403.067, F.S.; requiring 84 basin management action plans for nutrient total 85 maximum daily loads to include wastewater treatment 86 and onsite sewage treatment and disposal system 87 remediation plans that meet certain requirements; 88 requiring the Department of Agriculture and Consumer 89 Services to collect fertilization and nutrient records 90 from certain agricultural producers and provide the 91 information to the department annually by a specified 92 date; requiring the Department of Agriculture and 93 Consumer Services to perform onsite inspections of the 94 agricultural producers at specified intervals; 95 providing an additional management strategy for basin 96 management action plans to include cooperative 97 agricultural regional water quality improvement 98 elements; providing requirements for the Department of 99 Environmental Protection, the Department of 100 Agriculture and Consumer Services, and owners of 101 agricultural operations in developing and implementing 102 such elements; requiring certain entities to develop 103 research plans and legislative budget requests 104 relating to best management practices by a specified 105 date; creating s. 403.0671, F.S.; directing the 106 Department of Environmental Protection, in 107 coordination with the county health departments, 108 wastewater treatment facilities, and other 109 governmental entities, to submit a report on the costs 110 of certain wastewater projects to the Governor and 111 Legislature by a specified date; providing 112 requirements for such report; requiring the department 113 to submit a specified water quality monitoring 114 assessment report to the Governor and the Legislature 115 by a specified date; providing requirements for such 116 report; requiring the department to annually submit 117 certain wastewater project cost estimates to the 118 Office of Economic and Demographic Research beginning 119 on a specified date; creating s. 403.0673, F.S.; 120 establishing a wastewater grant program within the 121 Department of Environmental Protection; authorizing 122 the department to distribute appropriated funds for 123 certain projects; providing requirements for the 124 distribution; requiring the department to coordinate 125 with each water management district to identify grant 126 recipients; requiring an annual report to the Governor 127 and the Legislature by a specified date; creating s. 128 403.0855, F.S.; providing legislative findings 129 regarding the regulation of biosolids management in 130 this state; requiring the Department of Environmental 131 Protection to adopt rules for biosolids management; 132 specifying requirements for certain existing permits 133 and for permit renewals; requiring the permittee of a 134 biosolids application site to establish a groundwater 135 monitoring program under certain circumstances; 136 prohibiting the land application of biosolids within a 137 specified distance of the seasonal high-water table; 138 defining the term “seasonal high water”; authorizing 139 municipalities and counties to take certain actions 140 with respect to regulation of the land application of 141 specified biosolids; providing for a contingent 142 repeal; amending s. 403.086, F.S.; prohibiting 143 facilities for sanitary sewage disposal from disposing 144 of any waste in the Indian River Lagoon beginning on a 145 specified date without first providing advanced waste 146 treatment; requiring the Department of Environmental 147 Protection, in consultation with water management 148 districts and sewage disposal facilities, to submit a 149 report to the Governor and the Legislature on the 150 status of certain facility upgrades; specifying 151 requirements for the report; requiring facilities for 152 sanitary sewage disposal to have a power outage 153 contingency plan; requiring the facilities to take 154 steps to prevent overflows and leaks and ensure that 155 the water reaches the appropriate facility for 156 treatment; requiring the facilities to provide the 157 Department of Environmental Protection with certain 158 information; requiring the department to adopt rules; 159 amending s. 403.087, F.S.; requiring the department to 160 issue operation permits for domestic wastewater 161 treatment facilities to certain facilities under 162 certain circumstances; amending s. 403.088, F.S.; 163 revising the permit conditions for a water pollution 164 operation permit; requiring the department to submit a 165 report to the Governor and the Legislature by a 166 specified date identifying all wastewater utilities 167 that experienced sanitary sewer overflows within a 168 specified timeframe; providing requirements for the 169 report; amending s. 403.0891, F.S.; requiring model 170 stormwater management programs to contain model 171 ordinances for nutrient reduction practices and green 172 infrastructure; amending s. 403.121, F.S.; increasing 173 and providing administrative penalties; amending s. 174 403.1835, F.S.; conforming a cross-reference; 175 requiring the department to give priority for water 176 pollution control financial assistance to projects 177 that implement certain provisions and that promote 178 efficiency; amending s. 403.1838, F.S.; revising 179 requirements for the prioritization of grant 180 applications within the Small Community Sewer 181 Construction Assistance Act; amending s. 403.412, 182 F.S.; prohibiting local governments from recognizing 183 or granting certain legal rights to the natural 184 environment or granting such rights relating to the 185 natural environment to a person or political 186 subdivision; providing construction; providing a 187 declaration of important state interest; amending ss. 188 153.54, 153.73, 163.3180, 180.03, 311.105, 327.46, 189 373.250, 373.414, 373.705, 373.707, 373.709, 373.807, 190 376.307, 380.0552, 381.006, 381.0061, 381.0064, 191 381.00651, 381.0101, 403.08601, 403.0871, 403.0872, 192 403.707, 403.861, 489.551, and 590.02, F.S.; 193 conforming cross-references and provisions to changes 194 made by the act; providing a directive to the Division 195 of Law Revision upon the adoption of certain rules by 196 the Department of Environmental Protection; providing 197 effective dates. 198 199 WHEREAS, nutrients negatively impact groundwater and 200 surface waters in this state and cause the proliferation of 201 algal blooms, and 202 WHEREAS, onsite sewage treatment and disposal systems were 203 designed to manage human waste and are permitted by the 204 Department of Health for that purpose, and 205 WHEREAS, conventional onsite sewage treatment and disposal 206 systems contribute nutrients to groundwater and surface waters 207 across this state which can cause harmful blue-green algal 208 blooms, and 209 WHEREAS, many stormwater systems are designed primarily to 210 divert and control stormwater rather than to remove pollutants, 211 and 212 WHEREAS, most existing stormwater system design criteria 213 fail to consistently meet either the 80 percent or 95 percent 214 target pollutant reduction goals established by the Department 215 of Environmental Protection, and 216 WHEREAS, other significant pollutants often can be removed 217 from stormwater more easily than nutrients and, as a result, 218 design criteria that provide the desired removal efficiencies 219 for nutrients will likely achieve equal or better removal 220 efficiencies for other constituents, and 221 WHEREAS, the Department of Environmental Protection has 222 found that the major causes of sanitary sewer overflows during 223 storm events are infiltration, inflow, and acute power failures, 224 and 225 WHEREAS, the Department of Environmental Protection lacks 226 statutory authority to regulate infiltration and inflow or to 227 require that all lift stations constructed prior to 2003 have 228 emergency backup power, and 229 WHEREAS, sanitary sewer overflows and leaking 230 infrastructure create both a human health concern and a nutrient 231 pollution problem, and 232 WHEREAS, the agricultural sector is a significant 233 contributor to the excess delivery of nutrients to surface 234 waters throughout this state and has been identified as the 235 dominant source of both phosphorus and nitrogen within the Lake 236 Okeechobee watershed and a number of other basin management 237 action plan areas, and 238 WHEREAS, only 75 percent of eligible agricultural parties 239 within the Lake Okeechobee Basin Management Action Plan area are 240 enrolled in an appropriate best management practice and 241 enrollment numbers are considerably less in other basin 242 management action plan areas, and 243 WHEREAS, although agricultural best management practices, 244 by design, should be technically feasible and economically 245 viable, that does not imply that their adoption and full 246 implementation, alone, will alleviate downstream water quality 247 impairments, NOW, THEREFORE, 248 249 Be It Enacted by the Legislature of the State of Florida: 250 251 Section 1. This act may be cited as the “Clean Waterways 252 Act.” 253 Section 2. (1) By July 1, 2020, the Department of Health 254 must provide a report to the Governor, the President of the 255 Senate, and the Speaker of the House of Representatives 256 detailing the following information regarding the Onsite Sewage 257 Program: 258 (a) The average number of permits issued each year; 259 (b) The number of department employees conducting work on 260 or related to the program each year; and 261 (c) The program’s costs and expenditures, including, but 262 not limited to, salaries and benefits, equipment costs, and 263 contracting costs. 264 (2) By December 31, 2020, the Department of Health and the 265 Department of Environmental Protection shall submit 266 recommendations to the Governor, the President of the Senate, 267 and the Speaker of the House of Representatives regarding the 268 transfer of the Onsite Sewage Program from the Department of 269 Health to the Department of Environmental Protection. The 270 recommendations must address all aspects of the transfer, 271 including the continued role of the county health departments in 272 the permitting, inspection, data management, and tracking of 273 onsite sewage treatment and disposal systems under the direction 274 of the Department of Environmental Protection. 275 (3) By June 30, 2021, the Department of Health and the 276 Department of Environmental Protection shall enter into an 277 interagency agreement based on the Department of Health report 278 required under subsection (2) and on recommendations from a plan 279 that must address all agency cooperation for a period not less 280 than 5 years after the transfer, including: 281 (a) The continued role of the county health departments in 282 the permitting, inspection, data management, and tracking of 283 onsite sewage treatment and disposal systems under the direction 284 of the Department of Environmental Protection. 285 (b) The appropriate proportionate number of administrative, 286 auditing, inspector general, attorney, and operational support 287 positions, and their related funding levels and sources and 288 assigned property, to be transferred from the Office of General 289 Counsel, the Office of Inspector General, and the Division of 290 Administrative Services or other relevant offices or divisions 291 within the Department of Health to the Department of 292 Environmental Protection. 293 (c) The development of a recommended plan to address the 294 transfer or shared use of buildings, regional offices, and other 295 facilities used or owned by the Department of Health. 296 (d) Any operating budget adjustments that are necessary to 297 implement the requirements of this act. Adjustments made to the 298 operating budgets of the agencies in the implementation of this 299 act must be made in consultation with the appropriate 300 substantive and fiscal committees of the Senate and the House of 301 Representatives. The revisions to the approved operating budgets 302 for the 2021-2022 fiscal year which are necessary to reflect the 303 organizational changes made by this act must be implemented 304 pursuant to s. 216.292(4)(d), Florida Statutes, and are subject 305 to s. 216.177, Florida Statutes. Subsequent adjustments between 306 the Department of Health and the Department of Environmental 307 Protection which are determined necessary by the respective 308 agencies and approved by the Executive Office of the Governor 309 are authorized and subject to s. 216.177, Florida Statutes. The 310 appropriate substantive committees of the Senate and the House 311 of Representatives must also be notified of the proposed 312 revisions to ensure their consistency with legislative policy 313 and intent. 314 (4) Effective July 1, 2021, all powers, duties, functions, 315 records, offices, personnel, associated administrative support 316 positions, property, pending issues, existing contracts, 317 administrative authority, administrative rules, and unexpended 318 balances of appropriations, allocations, and other funds for the 319 regulation of onsite sewage treatment and disposal systems 320 relating to the Onsite Sewage Program in the Department of 321 Health are transferred by a type two transfer, as defined in s. 322 20.06(2), Florida Statutes, to the Department of Environmental 323 Protection. 324 (5) Notwithstanding chapter 60L-34, Florida Administrative 325 Code, or any law to the contrary, employees who are transferred 326 from the Department of Health to the Department of Environmental 327 Protection to fill positions transferred by this act retain and 328 transfer any accrued annual leave, sick leave, and regular and 329 special compensatory leave balances. 330 Section 3. Subsection (1) of section 20.255, Florida 331 Statutes, is amended to read: 332 20.255 Department of Environmental Protection.—There is 333 created a Department of Environmental Protection. 334 (1) The head of the Department of Environmental Protection 335 shall be a secretary, who shall be appointed by the Governor, 336 with the concurrence of one memberthree membersof the Cabinet. 337 The secretary shall be confirmed by the Florida Senate. The 338 secretary shall serve at the pleasure of the Governor. 339 Section 4. Paragraphs (a) and (b) of subsection (7) of 340 section 373.036, Florida Statutes, are amended to read: 341 373.036 Florida water plan; district water management 342 plans.— 343 (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.— 344 (a) By March 1, annually, each water management district 345 shall prepare and submit to the Office of Economic and 346 Demographic Research, the department, the Governor, the 347 President of the Senate, and the Speaker of the House of 348 Representatives a consolidated water management district annual 349 report on the management of water resources. In addition, copies 350 must be provided by the water management districts to the chairs 351 of all legislative committees having substantive or fiscal 352 jurisdiction over the districts and the governing board of each 353 county in the district having jurisdiction or deriving any funds 354 for operations of the district. Copies of the consolidated 355 annual report must be made available to the public, either in 356 printed or electronic format. 357 (b) The consolidated annual report shall contain the 358 following elements, as appropriate to that water management 359 district: 360 1. A district water management plan annual report or the 361 annual work plan report allowed in subparagraph (2)(e)4. 362 2. The department-approved minimum flows and minimum water 363 levels annual priority list and schedule required by s. 364 373.042(3). 365 3. The annual 5-year capital improvements plan required by 366 s. 373.536(6)(a)3. 367 4. The alternative water supplies annual report required by 368 s. 373.707(8)(n). 369 5. The final annual 5-year water resource development work 370 program required by s. 373.536(6)(a)4. 371 6. The Florida Forever Water Management District Work Plan 372 annual report required by s. 373.199(7). 373 7. The mitigation donation annual report required by s. 374 373.414(1)(b)2. 375 8. Information on all projects related to water quality or 376 water quantity as part of a 5-year work program, including: 377 a. A list of all specific projects identified to implement 378 a basin management action plan, including any projects to 379 connect onsite sewage treatment and disposal systems to central 380 sewerage systems and convert onsite sewage treatment and 381 disposal systems to enhanced nutrient reducing onsite sewage 382 treatment and disposal systems, or a recovery or prevention 383 strategy; 384 b. A priority ranking for each listed project for which 385 state funding through the water resources development work 386 program is requested, which must be made available to the public 387 for comment at least 30 days before submission of the 388 consolidated annual report; 389 c. The estimated cost for each listed project; 390 d. The estimated completion date for each listed project; 391 e. The source and amount of financial assistance to be made 392 available by the department, a water management district, or 393 other entity for each listed project; and 394 f. A quantitative estimate of each listed project’s benefit 395 to the watershed, water body, or water segment in which it is 396 located. 397 9. A grade for each watershed, water body, or water segment 398 in which a project listed under subparagraph 8. is located 399 representing the level of impairment and violations of adopted 400 minimum flow or minimum water levels. The grading system must 401 reflect the severity of the impairment of the watershed, water 402 body, or water segment. 403 Section 5. Subsections (7) and (8) are added to section 404 373.223, Florida Statutes, to read: 405 373.223 Conditions for a permit.— 406 (7) A consumptive use permit to use water derived from a 407 spring for bottled water as defined in s. 500.03 may only be 408 approved by unanimous vote by the governing board finding that 409 the applicant meets the criteria in subsection (1). This 410 subsection shall expire on June 30, 2022. 411 (8) The Department of Environmental Protection shall, in 412 coordination with the water management districts, conduct a 413 study on the bottled water industry in Florida. 414 (a) The study must do all of the following: 415 1. Identify all springs statewide that have an associated 416 consumptive use permit for a bottled water facility producing 417 its product with water derived from a spring as well as: 418 a. The magnitude of the spring; 419 b. Whether the spring has been identified as an Outstanding 420 Florida Spring as defined in s. 373.802; 421 c. Any department or water management district adopted 422 minimum flow or minimum water levels, the status of any adopted 423 minimum flow or minimum water levels, and any associated 424 recovery or prevention strategy; 425 d. The permitted and actual use associated with the 426 consumptive use permits; 427 e. The reduction in flow associated with the permitted and 428 actual use associated with the consumptive use permits; 429 f. The impact on springs of bottled water facilities as 430 compared to other users; and 431 g. Types of water conservation measures employed at bottled 432 water facilities permitted to derive water from a spring. 433 2. Identify the labeling and marketing regulations 434 associated with the identification of bottled water as spring 435 water, including whether these regulations incentivize the 436 withdrawal of water from springs. 437 3. Evaluate the direct and indirect economic benefits to 438 the local communities resulting from bottled water facilities 439 that derive water from springs, including but not limited to tax 440 revenue, job creation and wages. 441 4. Evaluate the direct and indirect costs to the local 442 communities located in proximity to springs impacted by 443 withdrawals from bottled water production, including, but not 444 limited to, the decreased recreational value of the spring and 445 the cost to other users for the development of alternative water 446 supply or reductions in permit durations and allocations. 447 5. Include a cost-benefit analysis of withdrawing, 448 producing, marketing, selling, and consuming spring water as 449 compared to other sources of bottled water. 450 6. Evaluate how much bottled water derived from Florida 451 springs is sold in this state. 452 (b) The department shall submit a report containing the 453 findings of the study to the Governor, the President of the 454 Senate, the Speaker of the House of Representatives, and the 455 Office of Economic and Demographic Research by June 30, 2021. 456 (c) As used in this section, the term “bottled water” has 457 the same meaning as in s. 500.03 and the term “water derived 458 from a spring” means water derived from an underground formation 459 from which water flows naturally to the surface of the earth in 460 the manner described in 21 C.F.R. 165.110(a)(2)(vi). 461 Section 6. Subsection (5) of section 373.4131, Florida 462 Statutes, is amended, and subsection (6) is added to that 463 section, to read: 464 373.4131 Statewide environmental resource permitting 465 rules.— 466 (5) To ensure consistent implementation and interpretation 467 of the rules adopted pursuant to this section, the department 468 shall conduct or oversee regular assessment and training of its 469 staff and the staffs of the water management districts and local 470 governments delegated local pollution control program authority 471 under s. 373.441. The training must include field inspections of 472 publicly and privately owned stormwater structural controls, 473 such as stormwater retention or detention ponds. 474 (6) By January 1, 2021: 475 (a) The department and the water management districts shall 476 initiate rulemaking, including updates to the Environmental 477 Resource Permit Applicant’s Handbooks, to update the stormwater 478 design and operation regulations using the most recent 479 scientific information available. As part of rule development, 480 the department must consider and address low-impact design best 481 management practices and design criteria that increase the 482 removal of nutrients from stormwater discharges, and measures 483 for consistent application of the net improvement performance 484 standard to ensure significant reductions of any pollutant 485 loadings to a waterbody; and 486 (b) The department shall evaluate inspection data relating 487 to compliance by those entities that submit a self-certification 488 under s. 403.814(12) and provide the Legislature with 489 recommendations for improvements to the self-certification 490 process. 491 Section 7. Effective July 1, 2021, present paragraphs (d) 492 through (q) of subsection (2) of section 381.0065, Florida 493 Statutes, are redesignated as paragraphs (e) through (r), 494 respectively, a new paragraph (d) is added to subsection (2), 495 and subsections (3) and (4) of that section are amended, to 496 read: 497 381.0065 Onsite sewage treatment and disposal systems; 498 regulation.— 499 (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the 500 term: 501 (d) “Department” means the Department of Environmental 502 Protection. 503 (3) DUTIES AND POWERS OF THE DEPARTMENTOF HEALTH.—The 504 department shall: 505 (a) Adopt rules to administer ss. 381.0065-381.0067, 506 including definitions that are consistent with the definitions 507 in this section,decreases to setback requirements where no508health hazard exists,increases for the lot-flow allowance for 509 performance-based systems, requirements for separation from 510 water table elevation during the wettest season, requirements 511 for the design and construction of any component part of an 512 onsite sewage treatment and disposal system, application and 513 permit requirements for persons who maintain an onsite sewage 514 treatment and disposal system, requirements for maintenance and 515 service agreements for aerobic treatment units and performance 516 based treatment systems, and recommended standards, including 517 disclosure requirements, for voluntary system inspections to be 518 performed by individuals who are authorized by law to perform 519 such inspections and who shall inform a person having ownership, 520 control, or use of an onsite sewage treatment and disposal 521 system of the inspection standards and of that person’s 522 authority to request an inspection based on all or part of the 523 standards. 524 (b) Perform application reviews and site evaluations, issue 525 permits, and conduct inspections and complaint investigations 526 associated with the construction, installation, maintenance, 527 modification, abandonment, operation, use, or repair of an 528 onsite sewage treatment and disposal system for a residence or 529 establishment with an estimated domestic sewage flow of 10,000 530 gallons or less per day, or an estimated commercial sewage flow 531 of 5,000 gallons or less per day, which is not currently 532 regulated under chapter 403. 533 (c) Develop a comprehensive program to ensure that onsite 534 sewage treatment and disposal systems regulated by the 535 department are sized, designed, constructed, installed, sited, 536 repaired, modified, abandoned, used, operated, and maintained in 537 compliance with this section and rules adopted under this 538 section to prevent groundwater contamination, including impacts 539 from nutrient pollution, and surface water contamination and to 540 preserve the public health. The department is the final 541 administrative interpretive authority regarding rule 542 interpretation. In the event of a conflict regarding rule 543 interpretation, the secretary of the departmentState Surgeon544General, or his or her designee, shall timely assign a staff 545 person to resolve the dispute. 546 (d) Grant variances in hardship cases under the conditions 547 prescribed in this section and rules adopted under this section. 548 (e) Permit the use of a limited number of innovative 549 systems for a specific period of time, when there is compelling 550 evidence that the system will function properly and reliably to 551 meet the requirements of this section and rules adopted under 552 this section. 553 (f) Issue annual operating permits under this section. 554 (g) Establish and collect fees as established under s. 555 381.0066 for services provided with respect to onsite sewage 556 treatment and disposal systems. 557 (h) Conduct enforcement activities, including imposing 558 fines, issuing citations, suspensions, revocations, injunctions, 559 and emergency orders for violations of this section, part I of 560 chapter 386, or part III of chapter 489 or for a violation of 561 any rule adopted under this section, part I of chapter 386, or 562 part III of chapter 489. 563 (i) Provide or conduct education and training of department 564 personnel, service providers, and the public regarding onsite 565 sewage treatment and disposal systems. 566 (j) Supervise research on, demonstration of, and training 567 on the performance, environmental impact, and public health 568 impact of onsite sewage treatment and disposal systems within 569 this state. Research fees collected under s. 381.0066(2)(k) must 570 be used to develop and fund hands-on training centers designed 571 to provide practical information about onsite sewage treatment 572 and disposal systems to septic tank contractors, master septic 573 tank contractors, contractors, inspectors, engineers, and the 574 public and must also be used to fund research projects which 575 focus on improvements of onsite sewage treatment and disposal 576 systems, including use of performance-based standards and 577 reduction of environmental impact. Research projects shall be 578 initially approved by the technical review and advisory panel 579 and shall be applicable to and reflect the soil conditions 580 specific to Florida. Such projects shall be awarded through 581 competitive negotiation, using the procedures provided in s. 582 287.055, to public or private entities that have experience in 583 onsite sewage treatment and disposal systems in Florida and that 584 are principally located in Florida.Research projectsshallnot585be awarded to firms or entities that employ or are associated586with persons who serve on either the technical review and587advisory panel or the research review and advisory committee.588 (k) Approve the installation of individual graywater 589 disposal systems in which blackwater is treated by a central 590 sewerage system. 591 (l) Regulate and permit the sanitation, handling, 592 treatment, storage, reuse, and disposal of byproducts from any 593 system regulated under this chapter and not regulated by the 594 Department of Environmental Protection. 595 (m) Permit and inspect portable or temporary toilet 596 services and holding tanks. The department shall review 597 applications, perform site evaluations, and issue permits for 598 the temporary use of holding tanks, privies, portable toilet 599 services, or any other toilet facility that is intended for use 600 on a permanent or nonpermanent basis, including facilities 601 placed on construction sites when workers are present. The 602 department may specify standards for the construction, 603 maintenance, use, and operation of any such facility for 604 temporary use. 605 (n) Regulate and permit maintenance entities for 606 performance-based treatment systems and aerobic treatment unit 607 systems. To ensure systems are maintained and operated according 608 to manufacturer’s specifications and designs, the department 609 shall establish by rule minimum qualifying criteria for 610 maintenance entities. The criteria shall include: training, 611 access to approved spare parts and components, access to 612 manufacturer’s maintenance and operation manuals, and service 613 response time. The maintenance entity shall employ a contractor 614 licensed under s. 489.105(3)(m), or part III of chapter 489, or 615 a state-licensed wastewater plant operator, who is responsible 616 for maintenance and repair of all systems under contract. 617 (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not 618 construct, repair, modify, abandon, or operate an onsite sewage 619 treatment and disposal system without first obtaining a permit 620 approved by the department. The department may issue permits to 621 carry out this section., but shall not make the issuance of such622permits contingent upon prior approval by the Department of623Environmental Protection, except thatThe issuance of a permit 624 for work seaward of the coastal construction control line 625 established under s. 161.053 shall be contingent upon receipt of 626 any required coastal construction control line permit from the 627 departmentof Environmental Protection. A construction permit is 628 valid for 18 months from the issuance date and may be extended 629 by the department for one 90-day period under rules adopted by 630 the department. A repair permit is valid for 90 days from the 631 date of issuance. An operating permit must be obtained before 632prior tothe use of any aerobic treatment unit or if the 633 establishment generates commercial waste. Buildings or 634 establishments that use an aerobic treatment unit or generate 635 commercial waste shall be inspected by the department at least 636 annually to assure compliance with the terms of the operating 637 permit. The operating permit for a commercial wastewater system 638 is valid for 1 year from the date of issuance and must be 639 renewed annually. The operating permit for an aerobic treatment 640 unit is valid for 2 years from the date of issuance and must be 641 renewed every 2 years. If all information pertaining to the 642 siting, location, and installation conditions or repair of an 643 onsite sewage treatment and disposal system remains the same, a 644 construction or repair permit for the onsite sewage treatment 645 and disposal system may be transferred to another person, if the 646 transferee files, within 60 days after the transfer of 647 ownership, an amended application providing all corrected 648 information and proof of ownership of the property. There is no 649 fee associated with the processing of this supplemental 650 information. A person may not contract to construct, modify, 651 alter, repair, service, abandon, or maintain any portion of an 652 onsite sewage treatment and disposal system without being 653 registered under part III of chapter 489. A property owner who 654 personally performs construction, maintenance, or repairs to a 655 system serving his or her own owner-occupied single-family 656 residence is exempt from registration requirements for 657 performing such construction, maintenance, or repairs on that 658 residence, but is subject to all permitting requirements. A 659 municipality or political subdivision of the state may not issue 660 a building or plumbing permit for any building that requires the 661 use of an onsite sewage treatment and disposal system unless the 662 owner or builder has received a construction permit for such 663 system from the department. A building or structure may not be 664 occupied and a municipality, political subdivision, or any state 665 or federal agency may not authorize occupancy until the 666 department approves the final installation of the onsite sewage 667 treatment and disposal system. A municipality or political 668 subdivision of the state may not approve any change in occupancy 669 or tenancy of a building that uses an onsite sewage treatment 670 and disposal system until the department has reviewed the use of 671 the system with the proposed change, approved the change, and 672 amended the operating permit. 673 (a) Subdivisions and lots in which each lot has a minimum 674 area of at least one-half acre and either a minimum dimension of 675 100 feet or a mean of at least 100 feet of the side bordering 676 the street and the distance formed by a line parallel to the 677 side bordering the street drawn between the two most distant 678 points of the remainder of the lot may be developed with a water 679 system regulated under s. 381.0062 and onsite sewage treatment 680 and disposal systems, provided the projected daily sewage flow 681 does not exceed an average of 1,500 gallons per acre per day, 682 and provided satisfactory drinking water can be obtained and all 683 distance and setback, soil condition, water table elevation, and 684 other related requirements of this section and rules adopted 685 under this section can be met. 686 (b) Subdivisions and lots using a public water system as 687 defined in s. 403.852 may use onsite sewage treatment and 688 disposal systems, provided there are no more than four lots per 689 acre, provided the projected daily sewage flow does not exceed 690 an average of 2,500 gallons per acre per day, and provided that 691 all distance and setback, soil condition, water table elevation, 692 and other related requirements that are generally applicable to 693 the use of onsite sewage treatment and disposal systems are met. 694 (c) Notwithstanding paragraphs (a) and (b), for 695 subdivisions platted of record on or before October 1, 1991, 696 when a developer or other appropriate entity has previously made 697 or makes provisions, including financial assurances or other 698 commitments, acceptable to the Departmentof Health, that a 699 central water system will be installed by a regulated public 700 utility based on a density formula, private potable wells may be 701 used with onsite sewage treatment and disposal systems until the 702 agreed-upon densities are reached. In a subdivision regulated by 703 this paragraph, the average daily sewage flow may not exceed 704 2,500 gallons per acre per day. This section does not affect the 705 validity of existing prior agreements. After October 1, 1991, 706 the exception provided under this paragraph is not available to 707 a developer or other appropriate entity. 708 (d) Paragraphs (a) and (b) do not apply to any proposed 709 residential subdivision with more than 50 lots or to any 710 proposed commercial subdivision with more than 5 lots where a 711 publicly owned or investor-owned sewerage system is available. 712 It is the intent of this paragraph not to allow development of 713 additional proposed subdivisions in order to evade the 714 requirements of this paragraph. 715 (e) The department shall adopt rules to locate onsite 716 sewage treatment and disposal systems, including establishing 717 setback distances, to prevent groundwater contamination and 718 surface water contamination and to preserve the public health. 719 The rulemaking process for such rules must be completed by July 720 1, 2022, and the department shall notify the Division of Law 721 Revision of the date such rules take effect. The rules must 722 consider conventional and enhanced nutrient-reducing onsite 723 sewage treatment and disposal system designs, impaired or 724 degraded water bodies, domestic wastewater and drinking water 725 infrastructure, potable water sources, nonpotable wells, 726 stormwater infrastructure, the onsite sewage treatment and 727 disposal system remediation plans developed pursuant to s. 728 403.067(7)(a)9.b., nutrient pollution, and the recommendations 729 of the onsite sewage treatment and disposal systems technical 730 advisory committee established pursuant to s. 381.00652. 731 (f)(e)Onsite sewage treatment and disposal systems that 732 are permitted before the rules identified in paragraph (e) take 733 effect maymustnot be placed closer than: 734 1. Seventy-five feet from a private potable well. 735 2. Two hundred feet from a public potable well serving a 736 residential or nonresidential establishment having a total 737 sewage flow of greater than 2,000 gallons per day. 738 3. One hundred feet from a public potable well serving a 739 residential or nonresidential establishment having a total 740 sewage flow of less than or equal to 2,000 gallons per day. 741 4. Fifty feet from any nonpotable well. 742 5. Ten feet from any storm sewer pipe, to the maximum 743 extent possible, but in no instance shall the setback be less 744 than 5 feet. 745 6. Seventy-five feet from the mean high-water line of a 746 tidally influenced surface water body. 747 7. Seventy-five feet from the mean annual flood line of a 748 permanent nontidal surface water body. 749 8. Fifteen feet from the design high-water line of 750 retention areas, detention areas, or swales designed to contain 751 standing or flowing water for less than 72 hours after a 752 rainfall or the design high-water level of normally dry drainage 753 ditches or normally dry individual lot stormwater retention 754 areas. 755(f) Except as provided under paragraphs (e) and (t), no756limitations shall be imposed by rule, relating to the distance757between an onsite disposal system and any area that either758permanently or temporarily has visible surface water.759 (g) All provisions of this section and rules adopted under 760 this section relating to soil condition, water table elevation, 761 distance, and other setback requirements must be equally applied 762 to all lots, with the following exceptions: 763 1. Any residential lot that was platted and recorded on or 764 after January 1, 1972, or that is part of a residential 765 subdivision that was approved by the appropriate permitting 766 agency on or after January 1, 1972, and that was eligible for an 767 onsite sewage treatment and disposal system construction permit 768 on the date of such platting and recording or approval shall be 769 eligible for an onsite sewage treatment and disposal system 770 construction permit, regardless of when the application for a 771 permit is made. If rules in effect at the time the permit 772 application is filed cannot be met, residential lots platted and 773 recorded or approved on or after January 1, 1972, shall, to the 774 maximum extent possible, comply with the rules in effect at the 775 time the permit application is filed. At a minimum, however, 776 those residential lots platted and recorded or approved on or 777 after January 1, 1972, but before January 1, 1983, shall comply 778 with those rules in effect on January 1, 1983, and those 779 residential lots platted and recorded or approved on or after 780 January 1, 1983, shall comply with those rules in effect at the 781 time of such platting and recording or approval. In determining 782 the maximum extent of compliance with current rules that is 783 possible, the department shall allow structures and 784 appurtenances thereto which were authorized at the time such 785 lots were platted and recorded or approved. 786 2. Lots platted before 1972 are subject to a 50-foot 787 minimum surface water setback and are not subject to lot size 788 requirements. The projected daily flow for onsite sewage 789 treatment and disposal systems for lots platted before 1972 may 790 not exceed: 791 a. Two thousand five hundred gallons per acre per day for 792 lots served by public water systems as defined in s. 403.852. 793 b. One thousand five hundred gallons per acre per day for 794 lots served by water systems regulated under s. 381.0062. 795 (h)1. The department may grant variances in hardship cases 796 which may be less restrictive thanthe provisionsspecified in 797 this section. If a variance is granted and the onsite sewage 798 treatment and disposal system construction permit has been 799 issued, the variance may be transferred with the system 800 construction permit, if the transferee files, within 60 days 801 after the transfer of ownership, an amended construction permit 802 application providing all corrected information and proof of 803 ownership of the property and if the same variance would have 804 been required for the new owner of the property as was 805 originally granted to the original applicant for the variance. 806 There is no fee associated with the processing of this 807 supplemental information. A variance may not be granted under 808 this section until the department is satisfied that: 809 a. The hardship was not caused intentionally by the action 810 of the applicant; 811 b. No reasonable alternative, taking into consideration 812 factors such as cost, exists for the treatment of the sewage; 813 and 814 c. The discharge from the onsite sewage treatment and 815 disposal system will not adversely affect the health of the 816 applicant or the public or significantly degrade the groundwater 817 or surface waters. 818 819 Where soil conditions, water table elevation, and setback 820 provisions are determined by the department to be satisfactory, 821 special consideration must be given to those lots platted before 822 1972. 823 2. The department shall appoint and staff a variance review 824 and advisory committee, which shall meet monthly to recommend 825 agency action on variance requests. The committee shall make its 826 recommendations on variance requests at the meeting in which the 827 application is scheduled for consideration, except for an 828 extraordinary change in circumstances, the receipt of new 829 information that raises new issues, or when the applicant 830 requests an extension. The committee shall consider the criteria 831 in subparagraph 1. in its recommended agency action on variance 832 requests and shall also strive to allow property owners the full 833 use of their land where possible. The committee consists of the 834 following: 835 a. The Secretary of Environmental ProtectionState Surgeon836Generalor his or her designee. 837 b. A representative from the county health departments. 838 c. A representative from the home building industry 839 recommended by the Florida Home Builders Association. 840 d. A representative from the septic tank industry 841 recommended by the Florida Onsite Wastewater Association. 842 e. A representative from the Department of Health 843Environmental Protection. 844 f. A representative from the real estate industry who is 845 also a developer in this state who develops lots using onsite 846 sewage treatment and disposal systems, recommended by the 847 Florida Association of Realtors. 848 g. A representative from the engineering profession 849 recommended by the Florida Engineering Society. 850 851 Members shall be appointed for a term of 3 years, with such 852 appointments being staggered so that the terms of no more than 853 two members expire in any one year. Members shall serve without 854 remuneration, but if requested, shall be reimbursed for per diem 855 and travel expenses as provided in s. 112.061. 856 (i) A construction permit may not be issued for an onsite 857 sewage treatment and disposal system in any area zoned or used 858 for industrial or manufacturing purposes, or its equivalent, 859 where a publicly owned or investor-owned sewage treatment system 860 is available, or where a likelihood exists that the system will 861 receive toxic, hazardous, or industrial waste. An existing 862 onsite sewage treatment and disposal system may be repaired if a 863 publicly owned or investor-owned sewerage system is not 864 available within 500 feet of the building sewer stub-out and if 865 system construction and operation standards can be met. This 866 paragraph does not require publicly owned or investor-owned 867 sewerage treatment systems to accept anything other than 868 domestic wastewater. 869 1. A building located in an area zoned or used for 870 industrial or manufacturing purposes, or its equivalent, when 871 such building is served by an onsite sewage treatment and 872 disposal system, must not be occupied until the owner or tenant 873 has obtained written approval from the department. The 874 department mayshallnot grant approval when the proposed use of 875 the system is to dispose of toxic, hazardous, or industrial 876 wastewater or toxic or hazardous chemicals. 877 2. Each person who owns or operates a business or facility 878 in an area zoned or used for industrial or manufacturing 879 purposes, or its equivalent, or who owns or operates a business 880 that has the potential to generate toxic, hazardous, or 881 industrial wastewater or toxic or hazardous chemicals, and uses 882 an onsite sewage treatment and disposal system that is installed 883 on or after July 5, 1989, must obtain an annual system operating 884 permit from the department. A person who owns or operates a 885 business that uses an onsite sewage treatment and disposal 886 system that was installed and approved before July 5, 1989, need 887 not obtain a system operating permit. However, upon change of 888 ownership or tenancy, the new owner or operator must notify the 889 department of the change, and the new owner or operator must 890 obtain an annual system operating permit, regardless of the date 891 that the system was installed or approved. 892 3. The department shall periodically review and evaluate 893 the continued use of onsite sewage treatment and disposal 894 systems in areas zoned or used for industrial or manufacturing 895 purposes, or its equivalent, and may require the collection and 896 analyses of samples from within and around such systems. If the 897 department finds that toxic or hazardous chemicals or toxic, 898 hazardous, or industrial wastewater have been or are being 899 disposed of through an onsite sewage treatment and disposal 900 system, the department shall initiate enforcement actions 901 against the owner or tenant to ensure adequate cleanup, 902 treatment, and disposal. 903 (j) An onsite sewage treatment and disposal system designed 904 by a professional engineer registered in the state and certified 905 by such engineer as complying with performance criteria adopted 906 by the department must be approved by the department subject to 907 the following: 908 1. The performance criteria applicable to engineer-designed 909 systems must be limited to those necessary to ensure that such 910 systems do not adversely affect the public health or 911 significantly degrade the groundwater or surface water. Such 912 performance criteria shall include consideration of the quality 913 of system effluent, the proposed total sewage flow per acre, 914 wastewater treatment capabilities of the natural or replaced 915 soil, water quality classification of the potential surface 916 water-receiving body, and the structural and maintenance 917 viability of the system for the treatment of domestic 918 wastewater. However, performance criteria shall address only the 919 performance of a system and not a system’s design. 920 2. A person electing to utilize an engineer-designed system 921 shall, upon completion of the system design, submit such design, 922 certified by a registered professional engineer, to the county 923 health department. The county health department may utilize an 924 outside consultant to review the engineer-designed system, with 925 the actual cost of such review to be borne by the applicant. 926 Within 5 working days after receiving an engineer-designed 927 system permit application, the county health department shall 928 request additional information if the application is not 929 complete. Within 15 working days after receiving a complete 930 application for an engineer-designed system, the county health 931 department either shall issue the permit or, if it determines 932 that the system does not comply with the performance criteria, 933 shall notify the applicant of that determination and refer the 934 application to the department for a determination as to whether 935 the system should be approved, disapproved, or approved with 936 modification. The department engineer’s determination shall 937 prevail over the action of the county health department. The 938 applicant shall be notified in writing of the department’s 939 determination and of the applicant’s rights to pursue a variance 940 or seek review underthe provisions ofchapter 120. 941 3. The owner of an engineer-designed performance-based 942 system must maintain a current maintenance service agreement 943 with a maintenance entity permitted by the department. The 944 maintenance entity shall inspect each system at least twice each 945 year and shall report quarterly to the department on the number 946 of systems inspected and serviced. The reports may be submitted 947 electronically. 948 4. The property owner of an owner-occupied, single-family 949 residence may be approved and permitted by the department as a 950 maintenance entity for his or her own performance-based 951 treatment system upon written certification from the system 952 manufacturer’s approved representative that the property owner 953 has received training on the proper installation and service of 954 the system. The maintenance service agreement must conspicuously 955 disclose that the property owner has the right to maintain his 956 or her own system and is exempt from contractor registration 957 requirements for performing construction, maintenance, or 958 repairs on the system but is subject to all permitting 959 requirements. 960 5. The property owner shall obtain a biennial system 961 operating permit from the department for each system. The 962 department shall inspect the system at least annually, or on 963 such periodic basis as the fee collected permits, and may 964 collect system-effluent samples if appropriate to determine 965 compliance with the performance criteria. The fee for the 966 biennial operating permit shall be collected beginning with the 967 second year of system operation. 968 6. If an engineer-designed system fails to properly 969 function or fails to meet performance standards, the system 970 shall be re-engineered, if necessary, to bring the system into 971 compliance withthe provisions ofthis section. 972 (k) An innovative system may be approved in conjunction 973 with an engineer-designed site-specific system which is 974 certified by the engineer to meet the performance-based criteria 975 adopted by the department. 976 (l) For the Florida Keys, the department shall adopt a 977 special rule for the construction, installation, modification, 978 operation, repair, maintenance, and performance of onsite sewage 979 treatment and disposal systems which considers the unique soil 980 conditions and water table elevations, densities, and setback 981 requirements. On lots where a setback distance of 75 feet from 982 surface waters, saltmarsh, and buttonwood association habitat 983 areas cannot be met, an injection well, approved and permitted 984 by the department, may be used for disposal of effluent from 985 onsite sewage treatment and disposal systems. The following 986 additional requirements apply to onsite sewage treatment and 987 disposal systems in Monroe County: 988 1. The county, each municipality, and those special 989 districts established for the purpose of the collection, 990 transmission, treatment, or disposal of sewage shall ensure, in 991 accordance with the specific schedules adopted by the 992 Administration Commission under s. 380.0552, the completion of 993 onsite sewage treatment and disposal system upgrades to meet the 994 requirements of this paragraph. 995 2. Onsite sewage treatment and disposal systems must cease 996 discharge by December 31, 2015, or must comply with department 997 rules and provide the level of treatment which, on a permitted 998 annual average basis, produces an effluent that contains no more 999 than the following concentrations: 1000 a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l. 1001 b. Suspended Solids of 10 mg/l. 1002 c. Total Nitrogen, expressed as N, of 10 mg/l or a 1003 reduction in nitrogen of at least 70 percent. A system that has 1004 been tested and certified to reduce nitrogen concentrations by 1005 at least 70 percent shall be deemed to be in compliance with 1006 this standard. 1007 d. Total Phosphorus, expressed as P, of 1 mg/l. 1008 1009 In addition, onsite sewage treatment and disposal systems 1010 discharging to an injection well must provide basic disinfection 1011 as defined by department rule. 1012 3. In areas not scheduled to be served by a central sewer, 1013 onsite sewage treatment and disposal systems must, by December 1014 31, 2015, comply with department rules and provide the level of 1015 treatment described in subparagraph 2. 1016 4. In areas scheduled to be served by central sewer by 1017 December 31, 2015, if the property owner has paid a connection 1018 fee or assessment for connection to the central sewer system, 1019 the property owner may install a holding tank with a high water 1020 alarm or an onsite sewage treatment and disposal system that 1021 meets the following minimum standards: 1022 a. The existing tanks must be pumped and inspected and 1023 certified as being watertight and free of defects in accordance 1024 with department rule; and 1025 b. A sand-lined drainfield or injection well in accordance 1026 with department rule must be installed. 1027 5. Onsite sewage treatment and disposal systems must be 1028 monitored for total nitrogen and total phosphorus concentrations 1029 as required by department rule. 1030 6. The department shall enforce proper installation, 1031 operation, and maintenance of onsite sewage treatment and 1032 disposal systems pursuant to this chapter, including ensuring 1033 that the appropriate level of treatment described in 1034 subparagraph 2. is met. 1035 7. The authority of a local government, including a special 1036 district, to mandate connection of an onsite sewage treatment 1037 and disposal system is governed by s. 4, chapter 99-395, Laws of 1038 Florida. 1039 8. Notwithstanding any otherprovision oflaw, an onsite 1040 sewage treatment and disposal system installed after July 1, 1041 2010, in unincorporated Monroe County, excluding special 1042 wastewater districts, that complies with the standards in 1043 subparagraph 2. is not required to connect to a central sewer 1044 system until December 31, 2020. 1045 (m) No product sold in the state for use in onsite sewage 1046 treatment and disposal systems may contain any substance in 1047 concentrations or amounts that would interfere with or prevent 1048 the successful operation of such system, or that would cause 1049 discharges from such systems to violate applicable water quality 1050 standards. The department shall publish criteria for products 1051 known or expected to meet the conditions of this paragraph. In 1052 the event a product does not meet such criteria, such product 1053 may be sold if the manufacturer satisfactorily demonstrates to 1054 the department that the conditions of this paragraph are met. 1055 (n) Evaluations for determining the seasonal high-water 1056 table elevations or the suitability of soils for the use of a 1057 new onsite sewage treatment and disposal system shall be 1058 performed by department personnel, professional engineers 1059 registered in the state, or such other persons with expertise, 1060 as defined by rule, in making such evaluations. Evaluations for 1061 determining mean annual flood lines shall be performed by those 1062 persons identified in paragraph (2)(k)(2)(j). The department 1063 shall accept evaluations submitted by professional engineers and 1064 such other persons as meet the expertise established by this 1065 section or by rule unless the department has a reasonable 1066 scientific basis for questioning the accuracy or completeness of 1067 the evaluation. 1068(o) The department shall appoint a research review and1069advisory committee, which shall meet at least semiannually. The1070committee shall advise the department on directions for new1071research, review and rank proposals for research contracts, and1072review draft research reports and make comments. The committee1073is comprised of:10741. A representative of theState Surgeon General, or his or1075her designee.10762. A representative from the septic tank industry.10773. A representative from the home building industry.10784. A representative from an environmental interest group.10795. A representative from the State University System, from1080a department knowledgeable about onsite sewage treatment and1081disposal systems.10826. A professional engineer registered in this state who has1083work experience in onsite sewage treatment and disposal systems.10847. A representative from local government who is1085knowledgeable about domestic wastewater treatment.10868. A representative from the real estate profession.10879. A representative from the restaurant industry.108810. A consumer.1089 1090Members shall be appointed for a term of 3 years, with the1091appointments being staggered so that the terms of no more than1092four members expire in any one year. Members shall serve without1093remuneration, but are entitled to reimbursement for per diem and1094travel expenses as provided in s. 112.061.1095 (o)(p)An application for an onsite sewage treatment and 1096 disposal system permit shall be completed in full, signed by the 1097 owner or the owner’s authorized representative, or by a 1098 contractor licensed under chapter 489, and shall be accompanied 1099 by all required exhibits and fees. No specific documentation of 1100 property ownership shall be required as a prerequisite to the 1101 review of an application or the issuance of a permit. The 1102 issuance of a permit does not constitute determination by the 1103 department of property ownership. 1104 (p)(q)The department may not require any form of 1105 subdivision analysis of property by an owner, developer, or 1106 subdivider prior to submission of an application for an onsite 1107 sewage treatment and disposal system. 1108 (q)(r)Nothing in this section limits the power of a 1109 municipality or county to enforce other laws for the protection 1110 of the public health and safety. 1111 (r)(s)In the siting of onsite sewage treatment and 1112 disposal systems, including drainfields, shoulders, and slopes, 1113 guttering mayshallnot be required on single-family residential 1114 dwelling units for systems located greater than 5 feet from the 1115 roof drip line of the house. If guttering is used on residential 1116 dwelling units, the downspouts shall be directed away from the 1117 drainfield. 1118 (s)(t)Notwithstandingthe provisions ofsubparagraph 1119 (g)1., onsite sewage treatment and disposal systems located in 1120 floodways of the Suwannee and Aucilla Rivers must adhere to the 1121 following requirements: 1122 1. The absorption surface of the drainfield mayshallnot 1123 be subject to flooding based on 10-year flood elevations. 1124 Provided, however, for lots or parcels created by the 1125 subdivision of land in accordance with applicable local 1126 government regulations prior to January 17, 1990, if an 1127 applicant cannot construct a drainfield system with the 1128 absorption surface of the drainfield at an elevation equal to or 1129 above 10-year flood elevation, the department shall issue a 1130 permit for an onsite sewage treatment and disposal system within 1131 the 10-year floodplain of rivers, streams, and other bodies of 1132 flowing water if all of the following criteria are met: 1133 a. The lot is at least one-half acre in size; 1134 b. The bottom of the drainfield is at least 36 inches above 1135 the 2-year flood elevation; and 1136 c. The applicant installs either: a waterless, 1137 incinerating, or organic waste composting toilet and a graywater 1138 system and drainfield in accordance with department rules; an 1139 aerobic treatment unit and drainfield in accordance with 1140 department rules; a systemapproved by the State Health Office1141 that is capable of reducing effluent nitrate by at least 50 1142 percent in accordance with department rules; or a system other 1143 than a system using alternative drainfield materials in 1144 accordance with department rulesapproved by the county health1145department pursuant to department rule other than a system using1146alternative drainfield materials. The United States Department 1147 of Agriculture Soil Conservation Service soil maps, State of 1148 Florida Water Management District data, and Federal Emergency 1149 Management Agency Flood Insurance maps are resources that shall 1150 be used to identify flood-prone areas. 1151 2. The use of fill or mounding to elevate a drainfield 1152 system out of the 10-year floodplain of rivers, streams, or 1153 other bodies of flowing water mayshallnot be permitted if such 1154 a system lies within a regulatory floodway of the Suwannee and 1155 Aucilla Rivers. In cases where the 10-year flood elevation does 1156 not coincide with the boundaries of the regulatory floodway, the 1157 regulatory floodway will be considered for the purposes of this 1158 subsection to extend at a minimum to the 10-year flood 1159 elevation. 1160 (t)(u)1. The owner of an aerobic treatment unit system 1161 shall maintain a current maintenance service agreement with an 1162 aerobic treatment unit maintenance entity permitted by the 1163 department. The maintenance entity shall inspect each aerobic 1164 treatment unit system at least twice each year and shall report 1165 quarterly to the department on the number of aerobic treatment 1166 unit systems inspected and serviced. The reports may be 1167 submitted electronically. 1168 2. The property owner of an owner-occupied, single-family 1169 residence may be approved and permitted by the department as a 1170 maintenance entity for his or her own aerobic treatment unit 1171 system upon written certification from the system manufacturer’s 1172 approved representative that the property owner has received 1173 training on the proper installation and service of the system. 1174 The maintenance entity service agreement must conspicuously 1175 disclose that the property owner has the right to maintain his 1176 or her own system and is exempt from contractor registration 1177 requirements for performing construction, maintenance, or 1178 repairs on the system but is subject to all permitting 1179 requirements. 1180 3. A septic tank contractor licensed under part III of 1181 chapter 489, if approved by the manufacturer, may not be denied 1182 access by the manufacturer to aerobic treatment unit system 1183 training or spare parts for maintenance entities. After the 1184 original warranty period, component parts for an aerobic 1185 treatment unit system may be replaced with parts that meet 1186 manufacturer’s specifications but are manufactured by others. 1187 The maintenance entity shall maintain documentation of the 1188 substitute part’s equivalency for 2 years and shall provide such 1189 documentation to the department upon request. 1190 4. The owner of an aerobic treatment unit system shall 1191 obtain a system operating permit from the department and allow 1192 the department to inspect during reasonable hours each aerobic 1193 treatment unit system at least annually, and such inspection may 1194 include collection and analysis of system-effluent samples for 1195 performance criteria established by rule of the department. 1196 (u)(v)The department may require the submission of 1197 detailed system construction plans that are prepared by a 1198 professional engineer registered in this state. The department 1199 shall establish by rule criteria for determining when such a 1200 submission is required. 1201 (v)(w)Any permit issued and approved by the department for 1202 the installation, modification, or repair of an onsite sewage 1203 treatment and disposal system shall transfer with the title to 1204 the property in a real estate transaction. A title may not be 1205 encumbered at the time of transfer by new permit requirements by 1206 a governmental entity for an onsite sewage treatment and 1207 disposal system which differ from the permitting requirements in 1208 effect at the time the system was permitted, modified, or 1209 repaired. An inspection of a system may not be mandated by a 1210 governmental entity at the point of sale in a real estate 1211 transaction. This paragraph does not affect a septic tank phase 1212 out deferral program implemented by a consolidated government as 1213 defined in s. 9, Art. VIII of the State Constitution (1885). 1214 (w)(x)A governmental entity, including a municipality, 1215 county, or statutorily created commission, may not require an 1216 engineer-designed performance-based treatment system, excluding 1217 a passive engineer-designed performance-based treatment system, 1218 before the completion of the Florida Onsite Sewage Nitrogen 1219 Reduction Strategies Project. This paragraph does not apply to a 1220 governmental entity, including a municipality, county, or 1221 statutorily created commission, which adopted a local law, 1222 ordinance, or regulation on or before January 31, 2012. 1223 Notwithstanding this paragraph, an engineer-designed 1224 performance-based treatment system may be used to meet the 1225 requirements of the variance review and advisory committee 1226 recommendations. 1227 (x)(y)1. An onsite sewage treatment and disposal system is 1228 not considered abandoned if the system is disconnected from a 1229 structure that was made unusable or destroyed following a 1230 disaster and if the system was properly functioning at the time 1231 of disconnection and was not adversely affected by the disaster. 1232 The onsite sewage treatment and disposal system may be 1233 reconnected to a rebuilt structure if: 1234 a. The reconnection of the system is to the same type of 1235 structure which contains the same number of bedrooms or fewer, 1236 if the square footage of the structure is less than or equal to 1237 110 percent of the original square footage of the structure that 1238 existed before the disaster; 1239 b. The system is not a sanitary nuisance; and 1240 c. The system has not been altered without prior 1241 authorization. 1242 2. An onsite sewage treatment and disposal system that 1243 serves a property that is foreclosed upon is not considered 1244 abandoned. 1245 (y)(z)If an onsite sewage treatment and disposal system 1246 permittee receives, relies upon, and undertakes construction of 1247 a system based upon a validly issued construction permit under 1248 rules applicable at the time of construction but a change to a 1249 rule occurs within 5 years after the approval of the system for 1250 construction but before the final approval of the system, the 1251 rules applicable and in effect at the time of construction 1252 approval apply at the time of final approval if fundamental site 1253 conditions have not changed between the time of construction 1254 approval and final approval. 1255 (z)(aa)An existing-system inspection or evaluation and 1256 assessment, or a modification, replacement, or upgrade of an 1257 onsite sewage treatment and disposal system is not required for 1258 a remodeling addition or modification to a single-family home if 1259 a bedroom is not added. However, a remodeling addition or 1260 modification to a single-family home may not cover any part of 1261 the existing system or encroach upon a required setback or the 1262 unobstructed area. To determine if a setback or the unobstructed 1263 area is impacted, the local health department shall review and 1264 verify a floor plan and site plan of the proposed remodeling 1265 addition or modification to the home submitted by a remodeler 1266 which shows the location of the system, including the distance 1267 of the remodeling addition or modification to the home from the 1268 onsite sewage treatment and disposal system. The local health 1269 department may visit the site or otherwise determine the best 1270 means of verifying the information submitted. A verification of 1271 the location of a system is not an inspection or evaluation and 1272 assessment of the system. The review and verification must be 1273 completed within 7 business days after receipt by the local 1274 health department of a floor plan and site plan. If the review 1275 and verification is not completed within such time, the 1276 remodeling addition or modification to the single-family home, 1277 for the purposes of this paragraph, is approved. 1278 Section 8. Subsection (7) is added to section 381.0065, 1279 Florida Statutes, to read: 1280 381.0065 Onsite sewage treatment and disposal systems; 1281 regulation.— 1282 (7) USE OF NUTRIENT REDUCING ONSITE SEWAGE TREATMENT AND 1283 DISPOSAL SYSTEMS.—To meet the requirements of a total maximum 1284 daily load, the department shall implement a fast-track approval 1285 process for the use in this state of American National Standards 1286 Institute 245 systems approved by NSF International before July 1287 1, 2020. 1288 Section 9. Section 381.00652, Florida Statutes, is created 1289 to read: 1290 381.00652 Onsite sewage treatment and disposal systems 1291 technical advisory committee.— 1292 (1) An onsite sewage treatment and disposal systems 1293 technical advisory committee, a committee as defined in s. 1294 20.03(8), is created within the department. The committee shall: 1295 (a) Provide recommendations to increase the availability in 1296 the marketplace of enhanced nutrient-reducing onsite sewage 1297 treatment and disposal systems, including systems that are cost 1298 effective, low-maintenance, and reliable. 1299 (b) Consider and recommend regulatory options, such as 1300 fast-track approval, prequalification, or expedited permitting, 1301 to facilitate the introduction and use of enhanced nutrient 1302 reducing onsite sewage treatment and disposal systems that have 1303 been reviewed and approved by a national agency or organization, 1304 such as the American National Standards Institute 245 systems 1305 approved by the NSF International. 1306 (c) Provide recommendations for appropriate setback 1307 distances for onsite sewage treatment and disposal systems from 1308 surface water, groundwater, and wells. 1309 (2) The department shall use existing and available 1310 resources to administer and support the activities of the 1311 committee. 1312 (3)(a) By August 1, 2021, the department, in consultation 1313 with the Department of Health, shall appoint no more than 10 1314 members to the committee, including, but not limited to, the 1315 following: 1316 1. A professional engineer. 1317 2. A septic tank contractor. 1318 3. Two representatives from the home building industry. 1319 4. A representative from the real estate industry. 1320 5. A representative from the onsite sewage treatment and 1321 disposal system industry. 1322 6. A representative from local government. 1323 7. Two representatives from the environmental community. 1324 8. A representative of the scientific and technical 1325 community who has substantial expertise in the areas of the fate 1326 and transport of water pollutants, toxicology, epidemiology, 1327 geology, biology, or environmental sciences. 1328 (b) Members shall serve without compensation and are not 1329 entitled to reimbursement for per diem or travel expenses. 1330 (4) By January 1, 2022, the committee shall submit its 1331 recommendations to the Governor, the President of the Senate, 1332 and the Speaker of the House of Representatives. 1333 (5) This section expires August 15, 2022. 1334 (6) For purposes of this section, the term “department” 1335 means the Department of Environmental Protection. 1336 Section 10. Effective July 1, 2021, section 381.0068, 1337 Florida Statutes, is repealed. 1338 Section 11. Present subsections (14) through (44) of 1339 section 403.061, Florida Statutes, are redesignated as 1340 subsections (15) through (45), respectively, a new subsection 1341 (14) is added to that section, and subsection (7) of that 1342 section is amended, to read: 1343 403.061 Department; powers and duties.—The department shall 1344 have the power and the duty to control and prohibit pollution of 1345 air and water in accordance with the law and rules adopted and 1346 promulgated by it and, for this purpose, to: 1347 (7) Adopt rules pursuant to ss. 120.536(1) and 120.54 to 1348 implementthe provisions ofthis act. Any rule adopted pursuant 1349 to this act mustshallbe consistent with the provisions of 1350 federal law, if any, relating to control of emissions from motor 1351 vehicles, effluent limitations, pretreatment requirements, or 1352 standards of performance. ANocounty, municipality, or 1353 political subdivision may notshalladopt or enforce any local 1354 ordinance, special law, or local regulation requiring the 1355 installation of Stage II vapor recovery systems, as currently 1356 defined by department rule, unless such county, municipality, or 1357 political subdivision is or has been in the past designated by 1358 federal regulation as a moderate, serious, or severe ozone 1359 nonattainment area. Rules adopted pursuant to this act mayshall1360 not require dischargers of waste into waters of the state to 1361 improve natural background conditions. The department shall 1362 adopt rules to reasonably limit, reduce, and eliminate domestic 1363 wastewater collection and transmission system pipe leakages and 1364 inflow and infiltration. Discharges from steam electric 1365 generating plants existing or licensed under this chapter on 1366 July 1, 1984, mayshallnot be required to be treated to a 1367 greater extent than may be necessary to assure that the quality 1368 of nonthermal components of discharges from nonrecirculated 1369 cooling water systems is as high as the quality of the makeup 1370 waters; that the quality of nonthermal components of discharges 1371 from recirculated cooling water systems is no lower than is 1372 allowed for blowdown from such systems; or that the quality of 1373 noncooling system discharges which receive makeup water from a 1374 receiving body of water which does not meet applicable 1375 department water quality standards is as high as the quality of 1376 the receiving body of water. The department may not adopt 1377 standards more stringent than federal regulations, except as 1378 provided in s. 403.804. 1379 (14) In order to promote resilient utilities, require 1380 public utilities or their affiliated companies holding, applying 1381 for, or renewing a domestic wastewater discharge permit to file 1382 annual reports and other data regarding transactions or 1383 allocations of common costs and expenditures on pollution 1384 mitigation and prevention among the utility’s permitted systems, 1385 including, but not limited to, the prevention of sanitary sewer 1386 overflows, collection and transmission system pipe leakages, and 1387 inflow and infiltration. The department shall adopt rules to 1388 implement this subsection. 1389 1390 The department shall implement such programs in conjunction with 1391 its other powers and duties and shall place special emphasis on 1392 reducing and eliminating contamination that presents a threat to 1393 humans, animals or plants, or to the environment. 1394 Section 12. Section 403.0616, Florida Statutes, is created 1395 to read: 1396 403.0616 Real-time water quality monitoring program.– 1397 (1) Subject to appropriation, the department shall 1398 establish a real-time water quality monitoring program to assist 1399 in the restoration, preservation, and enhancement of impaired 1400 waterbodies and coastal resources. 1401 (2) In order to expedite the creation and implementation of 1402 the program, the department is encouraged to form public-private 1403 partnerships with established scientific entities that have 1404 proven existing real-time water quality monitoring equipment and 1405 experience in deploying the equipment. 1406 Section 13. Subsection (7) of section 403.067, Florida 1407 Statutes, is amended to read: 1408 403.067 Establishment and implementation of total maximum 1409 daily loads.— 1410 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND 1411 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.— 1412 (a) Basin management action plans.— 1413 1. In developing and implementing the total maximum daily 1414 load for a water body, the department, or the department in 1415 conjunction with a water management district, may develop a 1416 basin management action plan that addresses some or all of the 1417 watersheds and basins tributary to the water body. Such plan 1418 must integrate the appropriate management strategies available 1419 to the state through existing water quality protection programs 1420 to achieve the total maximum daily loads and may provide for 1421 phased implementation of these management strategies to promote 1422 timely, cost-effective actions as provided for in s. 403.151. 1423 The plan must establish a schedule implementing the management 1424 strategies, establish a basis for evaluating the plan’s 1425 effectiveness, and identify feasible funding strategies for 1426 implementing the plan’s management strategies. The management 1427 strategies may include regional treatment systems or other 1428 public works, whenwhereappropriate, and voluntary trading of 1429 water quality credits to achieve the needed pollutant load 1430 reductions. 1431 2. A basin management action plan must equitably allocate, 1432 pursuant to paragraph (6)(b), pollutant reductions to individual 1433 basins, as a whole to all basins, or to each identified point 1434 source or category of nonpoint sources, as appropriate. For 1435 nonpoint sources for which best management practices have been 1436 adopted, the initial requirement specified by the plan must be 1437 those practices developed pursuant to paragraph (c). WhenWhere1438 appropriate, the plan may take into account the benefits of 1439 pollutant load reduction achieved by point or nonpoint sources 1440 that have implemented management strategies to reduce pollutant 1441 loads, including best management practices, before the 1442 development of the basin management action plan. The plan must 1443 also identify the mechanisms that will address potential future 1444 increases in pollutant loading. 1445 3. The basin management action planning process is intended 1446 to involve the broadest possible range of interested parties, 1447 with the objective of encouraging the greatest amount of 1448 cooperation and consensus possible. In developing a basin 1449 management action plan, the department shall assure that key 1450 stakeholders, including, but not limited to, applicable local 1451 governments, water management districts, the Department of 1452 Agriculture and Consumer Services, other appropriate state 1453 agencies, local soil and water conservation districts, 1454 environmental groups, regulated interests, and affected 1455 pollution sources, are invited to participate in the process. 1456 The department shall hold at least one public meeting in the 1457 vicinity of the watershed or basin to discuss and receive 1458 comments during the planning process and shall otherwise 1459 encourage public participation to the greatest practicable 1460 extent. Notice of the public meeting must be published in a 1461 newspaper of general circulation in each county in which the 1462 watershed or basin lies at leastnot less than5 days, but not 1463normore than 15 days, before the public meeting. A basin 1464 management action plan does not supplant or otherwise alter any 1465 assessment made under subsection (3) or subsection (4) or any 1466 calculation or initial allocation. 1467 4. Each new or revised basin management action plan shall 1468 include: 1469 a. The appropriate management strategies available through 1470 existing water quality protection programs to achieve total 1471 maximum daily loads, which may provide for phased implementation 1472 to promote timely, cost-effective actions as provided for in s. 1473 403.151; 1474 b. A description of best management practices adopted by 1475 rule; 1476 c. A list of projects in priority ranking with a planning 1477 level cost estimate and estimated date of completion for each 1478 listed project; 1479 d. The source and amount of financial assistance to be made 1480 available by the department, a water management district, or 1481 other entity for each listed project, if applicable;and1482 e. A planning-level estimate of each listed project’s 1483 expected load reduction, if applicable; and.1484 f. An estimated allocation of the pollutant load reduction 1485 for each point source or category of point sources. 1486 5. The department shall adopt all or any part of a basin 1487 management action plan and any amendment to such plan by 1488 secretarial order pursuant to chapter 120 to implementthe1489provisions ofthis section. 1490 6. The basin management action plan must include milestones 1491 for implementation and water quality improvement, and an 1492 associated water quality monitoring component sufficient to 1493 evaluate whether reasonable progress in pollutant load 1494 reductions is being achieved over time. An assessment of 1495 progress toward these milestones shall be conducted every 5 1496 years, and revisions to the plan shall be made as appropriate. 1497 Revisions to the basin management action plan shall be made by 1498 the department in cooperation with basin stakeholders. Revisions 1499 to the management strategies required for nonpoint sources must 1500 follow the procedures set forth in subparagraph (c)4. Revised 1501 basin management action plans must be adopted pursuant to 1502 subparagraph 5. 1503 7. In accordance with procedures adopted by rule under 1504 paragraph (9)(c), basin management action plans, and other 1505 pollution control programs under local, state, or federal 1506 authority as provided in subsection (4), may allow point or 1507 nonpoint sources that will achieve greater pollutant reductions 1508 than required by an adopted total maximum daily load or 1509 wasteload allocation to generate, register, and trade water 1510 quality credits for the excess reductions to enable other 1511 sources to achieve their allocation; however, the generation of 1512 water quality credits does not remove the obligation of a source 1513 or activity to meet applicable technology requirements or 1514 adopted best management practices. Such plans must allow trading 1515 between NPDES permittees, and trading that may or may not 1516 involve NPDES permittees, where the generation or use of the 1517 credits involve an entity or activity not subject to department 1518 water discharge permits whose owner voluntarily elects to obtain 1519 department authorization for the generation and sale of credits. 1520 8.The provisions ofThe department’s rule relating to the 1521 equitable abatement of pollutants into surface waters do not 1522 apply to water bodies or water body segments for which a basin 1523 management plan that takes into account future new or expanded 1524 activities or discharges has been adopted under this section. 1525 9. In order to promote resilient wastewater utilities, if 1526 the department identifies domestic wastewater treatment 1527 facilities or onsite sewage treatment and disposal systems as 1528 contributors of at least 20 percent of point source or nonpoint 1529 source nutrient pollution or if the department determines 1530 remediation is necessary to achieve the total maximum daily 1531 load, a basin management action plan for a nutrient total 1532 maximum daily load must include the following: 1533 a. A wastewater treatment plan that addresses domestic 1534 wastewater developed by each local government in cooperation 1535 with the department, the water management district, and the 1536 public and private domestic wastewater treatment facilities 1537 within the jurisdiction of the local government. The wastewater 1538 treatment plan must: 1539 (I) Provide for construction, expansion, or upgrades 1540 necessary to achieve the total maximum daily load requirements 1541 applicable to the domestic wastewater treatment facility. 1542 (II) Include the permitted capacity in average annual 1543 gallons per day for the domestic wastewater treatment facility; 1544 the average nutrient concentration and the estimated average 1545 nutrient load of the domestic wastewater; a timeline of the 1546 dates by which the construction of any facility improvements 1547 will begin and be completed and the date by which operations of 1548 the improved facility will begin; the estimated cost of the 1549 improvements; and the identity of responsible parties. 1550 1551 The wastewater treatment plan must be adopted as part of the 1552 basin management action plan no later than July 1, 2025. A local 1553 government that does not have a domestic wastewater treatment 1554 facility in its jurisdiction is not required to develop a 1555 wastewater treatment plan unless there is a demonstrated need to 1556 establish a domestic wastewater treatment facility within its 1557 jurisdiction to improve water quality necessary to achieve a 1558 total maximum daily load. A local government is not responsible 1559 for a private domestic wastewater facility’s compliance with a 1560 basin management action plan unless such facility is operated 1561 through a public-private partnership to which the local 1562 government is a party. 1563 b. An onsite sewage treatment and disposal system 1564 remediation plan developed by each local government in 1565 cooperation with the department, the Department of Health, water 1566 management districts, and public and private domestic wastewater 1567 treatment facilities. 1568 (I) The onsite sewage treatment and disposal system 1569 remediation plan must identify cost-effective and financially 1570 feasible projects necessary to achieve the nutrient load 1571 reductions required for onsite sewage treatment and disposal 1572 systems. To identify cost-effective and financially feasible 1573 projects for remediation of onsite sewage treatment and disposal 1574 systems, the local government shall: 1575 (A) Include an inventory of onsite sewage treatment and 1576 disposal systems based on the best information available; 1577 (B) Identify onsite sewage treatment and disposal systems 1578 that would be eliminated through connection to existing or 1579 future central domestic wastewater infrastructure in the 1580 jurisdiction or domestic wastewater service area of the local 1581 government, that would be replaced with or upgraded to enhanced 1582 nutrient-reducing systems, or that would remain on conventional 1583 onsite sewage treatment and disposal systems; 1584 (C) Estimate the costs of potential onsite sewage treatment 1585 and disposal systems connections, upgrades, or replacements; and 1586 (D) Identify deadlines and interim milestones for the 1587 planning, design, and construction of projects. 1588 (II) The department shall adopt the onsite sewage treatment 1589 and disposal system remediation plan as part of the basin 1590 management action plan no later than July 1, 2025, or as 1591 required for Outstanding Florida Springs under s. 373.807. 1592 10. When identifying wastewater projects in a basin 1593 management action plan, the department may not require the 1594 higher cost option if it achieves the same nutrient load 1595 reduction as a lower cost option. A regulated entity may choose 1596 a different cost option if it complies with the pollutant 1597 reduction requirements of an adopted total maximum daily load 1598 and provides additional benefits. 1599 (b) Total maximum daily load implementation.— 1600 1. The department shall be the lead agency in coordinating 1601 the implementation of the total maximum daily loads through 1602 existing water quality protection programs. Application of a 1603 total maximum daily load by a water management district must be 1604 consistent with this section and does not require the issuance 1605 of an order or a separate action pursuant to s. 120.536(1) or s. 1606 120.54 for the adoption of the calculation and allocation 1607 previously established by the department. Such programs may 1608 include, but are not limited to: 1609 a. Permitting and other existing regulatory programs, 1610 including water-quality-based effluent limitations; 1611 b. Nonregulatory and incentive-based programs, including 1612 best management practices, cost sharing, waste minimization, 1613 pollution prevention, agreements established pursuant to s. 1614 403.061(22)s. 403.061(21), and public education; 1615 c. Other water quality management and restoration 1616 activities, for example surface water improvement and management 1617 plans approved by water management districts or basin management 1618 action plans developed pursuant to this subsection; 1619 d. Trading of water quality credits or other equitable 1620 economically based agreements; 1621 e. Public works including capital facilities; or 1622 f. Land acquisition. 1623 2. For a basin management action plan adopted pursuant to 1624 paragraph (a), any management strategies and pollutant reduction 1625 requirements associated with a pollutant of concern for which a 1626 total maximum daily load has been developed, including effluent 1627 limits set forth for a discharger subject to NPDES permitting, 1628 if any, must be included in a timely manner in subsequent NPDES 1629 permits or permit modifications for that discharger. The 1630 department may not impose limits or conditions implementing an 1631 adopted total maximum daily load in an NPDES permit until the 1632 permit expires, the discharge is modified, or the permit is 1633 reopened pursuant to an adopted basin management action plan. 1634 a. Absent a detailed allocation, total maximum daily loads 1635 must be implemented through NPDES permit conditions that provide 1636 for a compliance schedule. In such instances, a facility’s NPDES 1637 permit must allow time for the issuance of an order adopting the 1638 basin management action plan. The time allowed for the issuance 1639 of an order adopting the plan may not exceed 5 years. Upon 1640 issuance of an order adopting the plan, the permit must be 1641 reopened or renewed, as necessary, and permit conditions 1642 consistent with the plan must be established. Notwithstanding 1643 the other provisions of this subparagraph, upon request by an 1644 NPDES permittee, the department as part of a permit issuance, 1645 renewal, or modification may establish individual allocations 1646 before the adoption of a basin management action plan. 1647 b. For holders of NPDES municipal separate storm sewer 1648 system permits and other stormwater sources, implementation of a 1649 total maximum daily load or basin management action plan must be 1650 achieved, to the maximum extent practicable, through the use of 1651 best management practices or other management measures. 1652 c. The basin management action plan does not relieve the 1653 discharger from any requirement to obtain, renew, or modify an 1654 NPDES permit or to abide by other requirements of the permit. 1655 d. Management strategies set forth in a basin management 1656 action plan to be implemented by a discharger subject to 1657 permitting by the department must be completed pursuant to the 1658 schedule set forth in the basin management action plan. This 1659 implementation schedule may extend beyond the 5-year term of an 1660 NPDES permit. 1661 e. Management strategies and pollution reduction 1662 requirements set forth in a basin management action plan for a 1663 specific pollutant of concern are not subject to challenge under 1664 chapter 120 at the time they are incorporated, in an identical 1665 form, into a subsequent NPDES permit or permit modification. 1666 f. For nonagricultural pollutant sources not subject to 1667 NPDES permitting but permitted pursuant to other state, 1668 regional, or local water quality programs, the pollutant 1669 reduction actions adopted in a basin management action plan must 1670 be implemented to the maximum extent practicable as part of 1671 those permitting programs. 1672 g. A nonpoint source discharger included in a basin 1673 management action plan must demonstrate compliance with the 1674 pollutant reductions established under subsection (6) by 1675 implementing the appropriate best management practices 1676 established pursuant to paragraph (c) or conducting water 1677 quality monitoring prescribed by the department or a water 1678 management district. A nonpoint source discharger may, in 1679 accordance with department rules, supplement the implementation 1680 of best management practices with water quality credit trades in 1681 order to demonstrate compliance with the pollutant reductions 1682 established under subsection (6). 1683 h. A nonpoint source discharger included in a basin 1684 management action plan may be subject to enforcement action by 1685 the department or a water management district based upon a 1686 failure to implement the responsibilities set forth in sub 1687 subparagraph g. 1688 i. A landowner, discharger, or other responsible person who 1689 is implementing applicable management strategies specified in an 1690 adopted basin management action plan may not be required by 1691 permit, enforcement action, or otherwise to implement additional 1692 management strategies, including water quality credit trading, 1693 to reduce pollutant loads to attain the pollutant reductions 1694 established pursuant to subsection (6) and shall be deemed to be 1695 in compliance with this section. This subparagraph does not 1696 limit the authority of the department to amend a basin 1697 management action plan as specified in subparagraph (a)6. 1698 (c) Best management practices.— 1699 1. The department, in cooperation with the water management 1700 districts and other interested parties, as appropriate, may 1701 develop suitable interim measures, best management practices, or 1702 other measures necessary to achieve the level of pollution 1703 reduction established by the department for nonagricultural 1704 nonpoint pollutant sources in allocations developed pursuant to 1705 subsection (6) and this subsection. These practices and measures 1706 may be adopted by rule by the department and the water 1707 management districts and, where adopted by rule, shall be 1708 implemented by those parties responsible for nonagricultural 1709 nonpoint source pollution. 1710 2. The Department of Agriculture and Consumer Services may 1711 develop and adopt by rule pursuant to ss. 120.536(1) and 120.54 1712 suitable interim measures, best management practices, or other 1713 measures necessary to achieve the level of pollution reduction 1714 established by the department for agricultural pollutant sources 1715 in allocations developed pursuant to subsection (6) and this 1716 subsection or for programs implemented pursuant to paragraph 1717 (12)(b). These practices and measures may be implemented by 1718 those parties responsible for agricultural pollutant sources and 1719 the department, the water management districts, and the 1720 Department of Agriculture and Consumer Services shall assist 1721 with implementation. In the process of developing and adopting 1722 rules for interim measures, best management practices, or other 1723 measures, the Department of Agriculture and Consumer Services 1724 shall consult with the department, the Department of Health, the 1725 water management districts, representatives from affected 1726 farming groups, and environmental group representatives. Such 1727 rules must also incorporate provisions for a notice of intent to 1728 implement the practices and a system to assure the 1729 implementation of the practices, including site inspection and 1730 recordkeeping requirements. 1731 3. Where interim measures, best management practices, or 1732 other measures are adopted by rule, the effectiveness of such 1733 practices in achieving the levels of pollution reduction 1734 established in allocations developed by the department pursuant 1735 to subsection (6) and this subsection or in programs implemented 1736 pursuant to paragraph (12)(b) must be verified at representative 1737 sites by the department. The department shall use best 1738 professional judgment in making the initial verification that 1739 the best management practices are reasonably expected to be 1740 effective and, where applicable, must notify the appropriate 1741 water management district or the Department of Agriculture and 1742 Consumer Services of its initial verification before the 1743 adoption of a rule proposed pursuant to this paragraph. 1744 Implementation, in accordance with rules adopted under this 1745 paragraph, of practices that have been initially verified to be 1746 effective, or verified to be effective by monitoring at 1747 representative sites, by the department, shall provide a 1748 presumption of compliance with state water quality standards and 1749 release fromthe provisions ofs. 376.307(5) for those 1750 pollutants addressed by the practices, and the department is not 1751 authorized to institute proceedings against the owner of the 1752 source of pollution to recover costs or damages associated with 1753 the contamination of surface water or groundwater caused by 1754 those pollutants. Research projects funded by the department, a 1755 water management district, or the Department of Agriculture and 1756 Consumer Services to develop or demonstrate interim measures or 1757 best management practices shall be granted a presumption of 1758 compliance with state water quality standards and a release from 1759the provisions ofs. 376.307(5). The presumption of compliance 1760 and release is limited to the research site and only for those 1761 pollutants addressed by the interim measures or best management 1762 practices. Eligibility for the presumption of compliance and 1763 release is limited to research projects on sites where the owner 1764 or operator of the research site and the department, a water 1765 management district, or the Department of Agriculture and 1766 Consumer Services have entered into a contract or other 1767 agreement that, at a minimum, specifies the research objectives, 1768 the cost-share responsibilities of the parties, and a schedule 1769 that details the beginning and ending dates of the project. 1770 4. Where water quality problems are demonstrated, despite 1771 the appropriate implementation, operation, and maintenance of 1772 best management practices and other measures required by rules 1773 adopted under this paragraph, the department, a water management 1774 district, or the Department of Agriculture and Consumer 1775 Services, in consultation with the department, shall institute a 1776 reevaluation of the best management practice or other measure. 1777 Should the reevaluation determine that the best management 1778 practice or other measure requires modification, the department, 1779 a water management district, or the Department of Agriculture 1780 and Consumer Services, as appropriate, shall revise the rule to 1781 require implementation of the modified practice within a 1782 reasonable time period as specified in the rule. 1783 5. Subject to subparagraph 6., the Department of 1784 Agriculture and Consumer Services shall provide to the 1785 department information that it obtains pursuant to subparagraph 1786 (d)3. 1787 6. Agricultural records relating to processes or methods of 1788 production, costs of production, profits, or other financial 1789 information held by the Department of Agriculture and Consumer 1790 Services pursuant to subparagraphs 3.,and4., and 5. or 1791 pursuant to any rule adopted pursuant to subparagraph 2. are 1792 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 1793 of the State Constitution. Upon request, records made 1794 confidential and exempt pursuant to this subparagraph shall be 1795 released to the department or any water management district 1796 provided that the confidentiality specified by this subparagraph 1797 for such records is maintained. 1798 7.6.The provisions ofSubparagraphs 1. and 2. do not 1799 preclude the department or water management district from 1800 requiring compliance with water quality standards or with 1801 current best management practice requirements set forth in any 1802 applicable regulatory program authorized by law for the purpose 1803 of protecting water quality. Additionally, subparagraphs 1. and 1804 2. are applicable only to the extent that they do not conflict 1805 with any rules adopted by the department that are necessary to 1806 maintain a federally delegated or approved program. 1807 (d) Enforcement and verification of basin management action 1808 plans and management strategies.— 1809 1. Basin management action plans are enforceable pursuant 1810 to this section and ss. 403.121, 403.141, and 403.161. 1811 Management strategies, including best management practices and 1812 water quality monitoring, are enforceable under this chapter. 1813 2. No later than January 1, 2017: 1814 a. The department, in consultation with the water 1815 management districts and the Department of Agriculture and 1816 Consumer Services, shall initiate rulemaking to adopt procedures 1817 to verify implementation of water quality monitoring required in 1818 lieu of implementation of best management practices or other 1819 measures pursuant to sub-subparagraph (b)2.g.; 1820 b. The department, in consultation with the water 1821 management districts and the Department of Agriculture and 1822 Consumer Services, shall initiate rulemaking to adopt procedures 1823 to verify implementation of nonagricultural interim measures, 1824 best management practices, or other measures adopted by rule 1825 pursuant to subparagraph (c)1.; and 1826 c. The Department of Agriculture and Consumer Services, in 1827 consultation with the water management districts and the 1828 department, shall initiate rulemaking to adopt procedures to 1829 verify implementation of agricultural interim measures, best 1830 management practices, or other measures adopted by rule pursuant 1831 to subparagraph(c)2. 1832 1833 The rules required under this subparagraph shall include 1834 enforcement procedures applicable to the landowner, discharger, 1835 or other responsible person required to implement applicable 1836 management strategies, including best management practices or 1837 water quality monitoring as a result of noncompliance. 1838 3. At least every 2 years, the Department of Agriculture 1839 and Consumer Services shall perform onsite inspections of each 1840 agricultural producer that enrolls in a best management practice 1841 to ensure that such practice is being properly implemented. Such 1842 verification must include a collection and review of the best 1843 management practice documentation from the previous 2 years 1844 required by rule adopted in accordance with subparagraph (c)2., 1845 including, but not limited to, nitrogen and phosphorous 1846 fertilizer application records, which must be collected and 1847 retained pursuant to subparagraphs (c)3., 4., and 6. The 1848 Department of Agriculture and Consumer Services shall initially 1849 prioritize the inspection of agricultural producers located in 1850 the basin management action plans for Lake Okeechobee, the 1851 Indian River Lagoon, the Caloosahatchee River and Estuary, and 1852 Silver Springs. 1853 (e) Cooperative agricultural regional water quality 1854 improvement element.— 1855 1. The department, the Department of Agriculture and 1856 Consumer Services, and owners of agricultural operations in the 1857 basin shall develop a cooperative agricultural regional water 1858 quality improvement element as part of a basin management action 1859 plan only if: 1860 a. Agricultural measures have been adopted by the 1861 Department of Agriculture and Consumer Services pursuant to 1862 subparagraph (c)2. and have been implemented and the waterbody 1863 remains impaired; 1864 b. Agricultural nonpoint sources contribute to at least 20 1865 percent of nonpoint source nutrient discharges; and 1866 c. The department determines that additional measures, in 1867 combination with state-sponsored regional projects and other 1868 management strategies included in the basin management action 1869 plan, are necessary to achieve the total maximum daily load. 1870 2. The element will be implemented through the use of cost 1871 sharing projects. The element must include cost-effective and 1872 technically and financially practical cooperative regional 1873 agricultural nutrient reduction projects that can be implemented 1874 on private properties on a site-specific, cooperative basis. 1875 Such cooperative regional agricultural nutrient reduction 1876 projects may include land acquisition in fee or conservation 1877 easements on the lands of willing sellers and site-specific 1878 water quality improvement or dispersed water management projects 1879 on the lands of project participants. 1880 3. To qualify for participation in the cooperative 1881 agricultural regional water quality improvement element, the 1882 participant must have already implemented the interim measures, 1883 best management practices, or other measures adopted by the 1884 Department of Agriculture and Consumer Services pursuant to 1885 subparagraph (c)2. The element may be included in the basin 1886 management action plan as a part of the next 5-year assessment 1887 under subparagraph (a)6. 1888 4. The department may submit a legislative budget request 1889 to fund projects developed pursuant to this paragraph. 1890 (f) Data collection and research.— 1891 1. The Department of Agriculture and Consumer Services, in 1892 cooperation with the University of Florida Institute of Food and 1893 Agricultural Sciences and other state universities and Florida 1894 College System institutions with agricultural research programs, 1895 shall annually develop research plans and legislative budget 1896 requests to: 1897 a. Evaluate and suggest enhancements to the existing 1898 adopted agricultural best management practices to reduce 1899 nutrient runoff; 1900 b. Develop new best management practices that, if proven 1901 effective, the Department of Agriculture and Consumer Services 1902 may adopt by rule pursuant to subparagraph (c)2.; and 1903 c. Develop agricultural nutrient runoff reduction projects 1904 that willing participants could implement on a site-specific, 1905 cooperative basis, in addition to best management practices. The 1906 department may consider these projects for inclusion in a basin 1907 management action plan. These nutrient runoff reduction projects 1908 must reduce the nutrient impacts from agricultural operations on 1909 water quality when evaluated with the projects and management 1910 strategies currently included in the basin management action 1911 plan. 1912 2. To be considered for funding, the University of Florida 1913 Institute of Food and Agricultural Sciences and other state 1914 universities and Florida College System institutions that have 1915 agricultural research programs must submit such plans to the 1916 department and the Department of Agriculture and Consumer 1917 Services by August 1, 2020, for the 2021-2022 fiscal year, and 1918 by May 1 for each subsequent fiscal year. 1919 3. The department shall work with the University of Florida 1920 Institute of Food and Agricultural Sciences and regulated 1921 entities to consider the adoption by rule of best management 1922 practices for nutrient impacts from golf courses. Such adopted 1923 best management practices are subject to the requirements of 1924 paragraph (c). 1925 Section 14. Section 403.0671, Florida Statutes, is created 1926 to read: 1927 403.0671 Basin management action plan wastewater reports.— 1928 (1) By July 1, 2021, the department, in coordination with 1929 the county health departments, wastewater treatment facilities, 1930 and other governmental entities, shall submit a report to the 1931 Governor, the President of the Senate, and the Speaker of the 1932 House of Representatives evaluating the costs of wastewater 1933 projects identified in the basin management action plans 1934 developed pursuant to ss. 373.807 and 403.067(7) and the onsite 1935 sewage treatment and disposal system remediation plans and other 1936 restoration plans developed to meet the total maximum daily 1937 loads required under s. 403.067. The report must include: 1938 (a) Projects to: 1939 1. Replace onsite sewage treatment and disposal systems 1940 with enhanced nutrient reducing onsite sewage treatment and 1941 disposal systems. 1942 2. Install or retrofit onsite sewage treatment and disposal 1943 systems with enhanced nutrient reducing technologies. 1944 3. Construct, upgrade, or expand domestic wastewater 1945 treatment facilities to meet the wastewater treatment plan 1946 required under s. 403.067(7)(a)9. 1947 4. Connect onsite sewage treatment and disposal systems to 1948 domestic wastewater treatment facilities; 1949 (b) The estimated costs, nutrient load reduction estimates, 1950 and other benefits of each project; 1951 (c) The estimated implementation timeline for each project; 1952 (d) A proposed 5-year funding plan for each project and the 1953 source and amount of financial assistance the department, a 1954 water management district, or other project partner will make 1955 available to fund the project; and 1956 (e) The projected costs of installing enhanced nutrient 1957 reducing onsite sewage treatment and disposal systems on 1958 buildable lots in priority focus areas to comply with s. 1959 373.811. 1960 (2) By July 1, 2021, the department shall submit a report 1961 to the Governor, the President of the Senate, and the Speaker of 1962 the House of Representatives that provides an assessment of the 1963 water quality monitoring being conducted for each basin 1964 management action plan implementing a nutrient total maximum 1965 daily load. In developing the report, the department may 1966 coordinate with water management districts and any applicable 1967 university. The report must: 1968 (a) Evaluate the water quality monitoring prescribed for 1969 each basin management action plan to determine if it is 1970 sufficient to detect changes in water quality caused by the 1971 implementation of a project. 1972 (b) Identify gaps in water quality monitoring. 1973 (c) Recommend ways to address water quality monitoring 1974 needs. 1975 (3) Beginning January 1, 2022, and each January 1 1976 thereafter, the department shall submit to the Office of 1977 Economic and Demographic Research the cost estimates for 1978 projects required under s. 403.067(7)(a)9. The office shall 1979 include the project cost estimates in its annual assessment 1980 conducted pursuant to s. 403.928. 1981 Section 15. Section 403.0673, Florida Statutes, is created 1982 to read: 1983 403.0673 Wastewater grant program.—A wastewater grant 1984 program is established within the Department of Environmental 1985 Protection. 1986 (1) Subject to the appropriation of funds by the 1987 Legislature, the department may provide grants for the following 1988 projects within a basin management action plan, an alternative 1989 restoration plan adopted by final order, or a rural area of 1990 opportunity under s. 288.0656 which will individually or 1991 collectively reduce excess nutrient pollution: 1992 (a) Projects to retrofit onsite sewage treatment and 1993 disposal systems to upgrade them to enhanced nutrient-reducing 1994 onsite sewage treatment and disposal systems. 1995 (b) Projects to construct, upgrade, or expand facilities to 1996 provide advanced waste treatment, as defined in s. 403.086(4). 1997 (c) Projects to connect onsite sewage treatment and 1998 disposal systems to central sewer facilities. 1999 (2) In allocating such funds, priority must be given to 2000 projects that subsidize the connection of onsite sewage 2001 treatment and disposal systems to wastewater treatment plants. 2002 First priority must be given to subsidize connection to existing 2003 infrastructure. Second priority must be given to any expansion 2004 of a collection or transmission system that promotes efficiency 2005 by planning the installation of wastewater transmission 2006 facilities to be constructed concurrently with other 2007 construction projects occurring within or along a transportation 2008 facility right-of-way. Third priority must be given to all other 2009 connection of onsite sewage treatment and disposal systems to 2010 wastewater treatment plants. The department shall consider the 2011 estimated reduction in nutrient load per project; project 2012 readiness; cost-effectiveness of the project; overall 2013 environmental benefit of a project; the location of a project; 2014 the availability of local matching funds; and projected water 2015 savings or quantity improvements associated with a project. 2016 (3) Each grant for a project described in subsection (1) 2017 must require a minimum of a 50 percent local match of funds. 2018 However, the department may, at its discretion, waive, in whole 2019 or in part, this consideration of the local contribution for 2020 proposed projects within an area designated as a rural area of 2021 opportunity under s. 288.0656. 2022 (4) The department shall coordinate with each water 2023 management district, as necessary, to identify grant recipients 2024 in each district. 2025 (5) Beginning January 1, 2021, and each January 1 2026 thereafter, the department shall submit a report regarding the 2027 projects funded pursuant to this section to the Governor, the 2028 President of the Senate, and the Speaker of the House of 2029 Representatives. 2030 Section 16. Section 403.0855, Florida Statutes, is created 2031 to read: 2032 403.0855 Biosolids management.— 2033 (1) The Legislature finds that it is in the best interest 2034 of this state to regulate biosolids management in order to 2035 minimize the offsite migration of nutrients that impair 2036 waterbodies. The Legislature further finds that the expedited 2037 implementation of the recommendations of the Biosolids Technical 2038 Advisory Committee, including permitting according to site 2039 specific application conditions, an increased inspection rate, 2040 groundwater and surface water monitoring protocols, and nutrient 2041 management research, will improve biosolids management and 2042 assist in protecting this state’s water resources and water 2043 quality. 2044 (2) The department shall adopt rules for biosolids 2045 management. 2046 (3) Effective July 1, 2020, all biosolids application sites 2047 must meet department rules in effect at the time of the renewal 2048 of the biosolids application site permit or facility permit. 2049 (4) A municipality or county may enforce or extend an 2050 ordinance, a regulation, a resolution, a rule, a moratorium, or 2051 a policy, any of which was adopted before November 1, 2019, 2052 relating to the land application of Class B biosolids until the 2053 ordinance, regulation, resolution, rule, moratorium, or policy 2054 is repealed by the municipality or county. 2055 (5) The permittee of a biosolids land application site 2056 shall: 2057 (a) Conduct the land application of biosolids in accordance 2058 with basin management action plans adopted in accordance with 2059 ss. 373.807 and 403.067(7). 2060 (b) Establish a groundwater monitoring program approved by 2061 the department for land application sites when: 2062 1. The application rate in the nutrient management plan 2063 exceeds more than 160 pounds per acre per year of total plant 2064 available nitrogen or 40 pounds per acre per year of total P2O5; 2065 or 2066 2. The soil capacity index is less than 0 mg/kg. 2067 (c) When soil fertility testing indicates the soil capacity 2068 index has become less than 0 mg/kg, establish a groundwater 2069 monitoring program in accordance with department rules within 1 2070 year of the date of the sampling results. 2071 (d) When groundwater monitoring is not required, allow the 2072 department to install groundwater monitoring wells at any time 2073 during the effective period of the department-issued facility or 2074 land application site permit and conduct monitoring. 2075 (e) Ensure a minimum unsaturated soil depth of 2 feet 2076 between the depth of biosolids placement and the water table 2077 level at the time the Class A or Class B biosolids are applied 2078 to the soil. Biosolids may not be applied on soils that have a 2079 seasonal high-water table less than 15 centimeters from the soil 2080 surface or within 15 centimeters of the intended depth of 2081 biosolids placement. As used in this section, the term “seasonal 2082 high water” means the elevation to which the ground and surface 2083 water may be expected to rise due to a normal wet season. 2084 (f) Be enrolled in the Department of Agriculture and 2085 Consumer Service’s Best Management Practices Program or be 2086 within an agricultural operation enrolled in the program for the 2087 applicable commodity type. 2088 (6) This subsection and subsection (5) are repealed upon 2089 the effective date of biosolids rules adopted by the department 2090 after July 1, 2020. 2091 Section 17. Present subsections (7) through (10) of section 2092 403.086, Florida Statutes, are redesignated as subsections (8) 2093 through (11), respectively, paragraph (d) is added to subsection 2094 (1) of that section, a new subsection (7) is added to that 2095 section, and paragraph (c) of subsection (1) and subsection (2) 2096 of that section are amended, to read: 2097 403.086 Sewage disposal facilities; advanced and secondary 2098 waste treatment.— 2099 (1) 2100 (c) Notwithstandingany other provisions ofthis chapter or 2101 chapter 373, facilities for sanitary sewage disposal may not 2102 dispose of any wastes into Old Tampa Bay, Tampa Bay, 2103 Hillsborough Bay, Boca Ciega Bay, St. Joseph Sound, Clearwater 2104 Bay, Sarasota Bay, Little Sarasota Bay, Roberts Bay, Lemon Bay, 2105orCharlotte Harbor Bay, or, beginning July 1, 2025, Indian 2106 River Lagoon, or into any river, stream, channel, canal, bay, 2107 bayou, sound, or other water tributary thereto, without 2108 providing advanced waste treatment, as defined in subsection 2109 (4), approved by the department. This paragraph doesshallnot 2110 apply to facilities which were permitted by February 1, 1987, 2111 and which discharge secondary treated effluent, followed by 2112 water hyacinth treatment, to tributaries of tributaries of the 2113 named waters; or to facilities permitted to discharge to the 2114 nontidally influenced portions of the Peace River. 2115 (d) By December 31, 2020, the department, in consultation 2116 with the water management districts and sewage disposal 2117 facilities, shall submit to the Governor, the President of the 2118 Senate, and the Speaker of the House of Representatives a 2119 progress report on the status of upgrades made by each facility 2120 to meet the advanced waste treatment requirements under 2121 paragraph (c). The report must include a list of sewage disposal 2122 facilities required to upgrade to advanced waste treatment, the 2123 preliminary cost estimates for the upgrades, and a projected 2124 timeline of the dates by which the upgrades will begin and be 2125 completed and the date by which operations of the upgraded 2126 facility will begin. 2127 (2) Any facilities for sanitary sewage disposal shall 2128 provide for secondary waste treatment, a power outage 2129 contingency plan that mitigates the impacts of power outages on 2130 the utility’s collection system and pump stations, and, in2131addition thereto,advanced waste treatment as deemed necessary 2132 and ordered by the Department of Environmental Protection. 2133 Failure to conform isshall bepunishable by a civil penalty of 2134 $500 for each 24-hour day or fraction thereof that such failure 2135 is allowed to continue thereafter. 2136 (7) All facilities for sanitary sewage under subsection (2) 2137 which control a collection or transmission system of pipes and 2138 pumps to collect and transmit wastewater from domestic or 2139 industrial sources to the facility shall take steps to prevent 2140 sanitary sewer overflows or underground pipe leaks and ensure 2141 that collected wastewater reaches the facility for appropriate 2142 treatment. Facilities must use inflow and infiltration studies 2143 and leakage surveys to develop pipe assessment, repair, and 2144 replacement action plans with at least a 5-year planning horizon 2145 which comply with department rule to limit, reduce, and 2146 eliminate leaks, seepages, or inputs into wastewater treatment 2147 systems’ underground pipes. The pipe assessment, repair, and 2148 replacement action plans must be reported to the department. The 2149 facility action plan must include information regarding the 2150 annual expenditures dedicated to the inflow and infiltration 2151 studies and the required replacement action plans; expenditures 2152 that are dedicated to pipe assessment, repair, and replacement; 2153 and expenditures designed to limit the presence of fats, roots, 2154 oils, and grease in the utility’s collection system. The 2155 department shall adopt rules regarding the implementation of 2156 inflow and infiltration studies and leakage surveys; however, 2157 such department rules may not fix or revise utility rates or 2158 budgets. Any entity subject to this subsection and s. 2159 403.061(14) may submit one report to comply with both 2160 provisions. Substantial compliance with this subsection is 2161 evidence in mitigation for the purposes of assessing penalties 2162 pursuant to ss. 403.121 and 403.141. 2163 Section 18. Present subsections (4) through (10) of section 2164 403.087, Florida Statutes, are redesignated as subsections (5) 2165 through (11), respectively, and a new subsection (4) is added to 2166 that section, to read: 2167 403.087 Permits; general issuance; denial; revocation; 2168 prohibition; penalty.— 2169 (4) The department shall issue an operation permit for a 2170 domestic wastewater treatment facility other than a facility 2171 regulated under the National Pollutant Discharge Elimination 2172 System Program under s. 403.0885 for a term of up to 10 years if 2173 the facility is meeting the stated goals in its action plan 2174 adopted pursuant to s. 403.086(7). 2175 Section 19. Present subsections (3) and (4) of section 2176 403.088, Florida Statutes, are redesignated as subsections (4) 2177 and (5), respectively, a new subsection (3) is added to that 2178 section, and paragraph (c) of subsection (2) of that section is 2179 amended, to read: 2180 403.088 Water pollution operation permits; conditions.— 2181 (2) 2182 (c) A permit shall: 2183 1. Specify the manner, nature, volume, and frequency of the 2184 discharge permitted; 2185 2. Require proper operation and maintenance of any 2186 pollution abatement facility by qualified personnel in 2187 accordance with standards established by the department; 2188 3. Require a deliberate, proactive approach to 2189 investigating or surveying a significant percentage of the 2190 domestic wastewater collection system throughout the duration of 2191 the permit to determine pipe integrity, which must be 2192 accomplished in an economically feasible manner. The permittee 2193 shall submit an annual report to the department which details 2194 facility revenues and expenditures in a manner prescribed by 2195 department rule. The report must detail any deviation of annual 2196 expenditures from identified system needs related to inflow and 2197 infiltration studies; model plans for pipe assessment, repair, 2198 and replacement; and pipe assessment, repair, and replacement 2199 required under s. 403.086(7). Substantial compliance with this 2200 subsection is evidence in mitigation for the purposes of 2201 assessing penalties pursuant to ss. 403.121 and 403.141; 2202 4. Contain such additional conditions, requirements, and 2203 restrictions as the department deems necessary to preserve and 2204 protect the quality of the receiving waters; 2205 5.4.Be valid for the period of time specified therein; and 2206 6.5.Constitute the state National Pollutant Discharge 2207 Elimination System permit when issued pursuant to the authority 2208 in s. 403.0885. 2209 (3) No later than March 1 of each year, the department 2210 shall submit a report to the Governor, the President of the 2211 Senate, and the Speaker of the House of Representatives which 2212 identifies all domestic wastewater treatment facilities that 2213 experienced a sanitary sewer overflow in the preceding calendar 2214 year. The report must identify the utility or responsible 2215 operating entity name, permitted capacity in annual average 2216 gallons per day, number of overflows, type of water discharged, 2217 and total volume of sewage released, and, to the extent known 2218 and available, volume of sewage recovered, volume of sewage 2219 discharged to surface waters, and cause of the sanitary sewer 2220 overflow, including whether caused by a third party. The 2221 department shall include with this report the annual report 2222 specified under subparagraph (2)(c)3. for each utility that 2223 experienced an overflow. 2224 Section 20. Subsection (6) of section 403.0891, Florida 2225 Statutes, is amended to read: 2226 403.0891 State, regional, and local stormwater management 2227 plans and programs.—The department, the water management 2228 districts, and local governments shall have the responsibility 2229 for the development of mutually compatible stormwater management 2230 programs. 2231 (6) The department and the Department of Economic 2232 Opportunity, in cooperation with local governments in the 2233 coastal zone, shall develop a model stormwater management 2234 program that could be adopted by local governments. The model 2235 program must contain model ordinances that target nutrient 2236 reduction practices and use green infrastructure. The model 2237 program shall contain dedicated funding options, including a 2238 stormwater utility fee system based upon an equitable unit cost 2239 approach. Funding options shall be designed to generate capital 2240 to retrofit existing stormwater management systems, build new 2241 treatment systems, operate facilities, and maintain and service 2242 debt. 2243 Section 21. Paragraphs (b) and (g) of subsection (2), 2244 paragraph (b) of subsection (3), and subsection (9) of section 2245 403.121, Florida Statutes, are amended to read: 2246 403.121 Enforcement; procedure; remedies.—The department 2247 shall have the following judicial and administrative remedies 2248 available to it for violations of this chapter, as specified in 2249 s. 403.161(1). 2250 (2) Administrative remedies: 2251 (b) If the department has reason to believe a violation has 2252 occurred, it may institute an administrative proceeding to order 2253 the prevention, abatement, or control of the conditions creating 2254 the violation or other appropriate corrective action. Except for 2255 violations involving hazardous wastes, asbestos, or underground 2256 injection, the department shall proceed administratively in all 2257 cases in which the department seeks administrative penalties 2258 that do not exceed $50,000$10,000per assessment as calculated 2259 in accordance with subsections (3), (4), (5), (6), and (7). 2260 Pursuant to 42 U.S.C. s. 300g-2, the administrative penalty 2261 assessed pursuant to subsection (3), subsection (4), or 2262 subsection (5) against a public water system serving a 2263 population of more than 10,000 shall be not less than $1,000 per 2264 day per violation. The department shall not impose 2265 administrative penalties in excess of $50,000$10,000in a 2266 notice of violation. The department shall not have more than one 2267 notice of violation seeking administrative penalties pending 2268 against the same party at the same time unless the violations 2269 occurred at a different site or the violations were discovered 2270 by the department subsequent to the filing of a previous notice 2271 of violation. 2272 (g) Nothing herein shall be construed as preventing any 2273 other legal or administrative action in accordance with law. 2274 Nothing in this subsection shall limit the department’s 2275 authority provided in ss. 403.131, 403.141, and this section to 2276 judicially pursue injunctive relief. When the department 2277 exercises its authority to judicially pursue injunctive relief, 2278 penalties in any amount up to the statutory maximum sought by 2279 the department must be pursued as part of the state court action 2280 and not by initiating a separate administrative proceeding. The 2281 department retains the authority to judicially pursue penalties 2282 in excess of $50,000$10,000for violations not specifically 2283 included in the administrative penalty schedule, or for multiple 2284 or multiday violations alleged to exceed a total of $50,000 2285$10,000. The department also retains the authority provided in 2286 ss. 403.131, 403.141, and this section to judicially pursue 2287 injunctive relief and damages, if a notice of violation seeking 2288 the imposition of administrative penalties has not been issued. 2289 The department has the authority to enter into a settlement, 2290 either before or after initiating a notice of violation, and the 2291 settlement may include a penalty amount different from the 2292 administrative penalty schedule. Any case filed in state court 2293 because it is alleged to exceed a total of $50,000$10,000in 2294 penalties may be settled in the court action for less than 2295 $50,000$10,000. 2296 (3) Except for violations involving hazardous wastes, 2297 asbestos, or underground injection, administrative penalties 2298 must be calculated according to the following schedule: 2299 (b) For failure to obtain a required wastewater permit, 2300 other than a permit required for surface water discharge, the 2301 department shall assess a penalty of $2,000$1,000. For a 2302 domestic or industrial wastewater violation not involving a 2303 surface water or groundwater quality violation, the department 2304 shall assess a penalty of $4,000$2,000for an unpermitted or 2305 unauthorized discharge or effluent-limitation exceedance or 2306 failure to comply with s. 403.061(14) or s. 403.086(7) or rules 2307 adopted thereunder. For an unpermitted or unauthorized discharge 2308 or effluent-limitation exceedance that resulted in a surface 2309 water or groundwater quality violation, the department shall 2310 assess a penalty of $10,000$5,000. 2311 (9) The administrative penalties assessed for any 2312 particular violation shall not exceed $10,000$5,000against any 2313 one violator, unless the violator has a history of 2314 noncompliance, the economic benefit of the violation as 2315 described in subsection (8) exceeds $10,000$5,000, or there are 2316 multiday violations. The total administrative penalties shall 2317 not exceed $50,000$10,000per assessment for all violations 2318 attributable to a specific person in the notice of violation. 2319 Section 22. Subsection (7) of section 403.1835, Florida 2320 Statutes, is amended to read: 2321 403.1835 Water pollution control financial assistance.— 2322 (7) Eligible projects must be given priority according to 2323 the extent each project is intended to remove, mitigate, or 2324 prevent adverse effects on surface or ground water quality and 2325 public health. The relative costs of achieving environmental and 2326 public health benefits must be taken into consideration during 2327 the department’s assignment of project priorities. The 2328 department shall adopt a priority system by rule. In developing 2329 the priority system, the department shall give priority to 2330 projects that: 2331 (a) Eliminate public health hazards; 2332 (b) Enable compliance with laws requiring the elimination 2333 of discharges to specific water bodies, including the 2334 requirements of s. 403.086(10)s. 403.086(9)regarding domestic 2335 wastewater ocean outfalls; 2336 (c) Assist in the implementation of total maximum daily 2337 loads adopted under s. 403.067; 2338 (d) Enable compliance with other pollution control 2339 requirements, including, but not limited to, toxics control, 2340 wastewater residuals management, and reduction of nutrients and 2341 bacteria; 2342 (e) Assist in the implementation of surface water 2343 improvement and management plans and pollutant load reduction 2344 goals developed under state water policy; 2345 (f) Promote reclaimed water reuse; 2346 (g) Eliminate failing onsite sewage treatment and disposal 2347 systems or those that are causing environmental damage;or2348 (h) Reduce pollutants to and otherwise promote the 2349 restoration of Florida’s surface and ground waters;.2350 (i) Implement the requirements of s. 403.086(7) or s. 2351 403.088(2)(c); or 2352 (j) Promote efficiency by planning for the installation of 2353 wastewater transmission facilities to be constructed 2354 concurrently with other construction projects occurring within 2355 or along a transportation facility right-of-way. 2356 Section 23. Paragraph (b) of subsection (3) of section 2357 403.1838, Florida Statutes, is amended to read: 2358 403.1838 Small Community Sewer Construction Assistance 2359 Act.— 2360 (3) 2361 (b) The rules of the Environmental Regulation Commission 2362 must: 2363 1. Require that projects to plan, design, construct, 2364 upgrade, or replace wastewater collection, transmission, 2365 treatment, disposal, and reuse facilities be cost-effective, 2366 environmentally sound, permittable, and implementable. 2367 2. Require appropriate user charges, connection fees, and 2368 other charges sufficient to ensure the long-term operation, 2369 maintenance, and replacement of the facilities constructed under 2370 each grant. 2371 3. Require grant applications to be submitted on 2372 appropriate forms with appropriate supporting documentation, and 2373 require records to be maintained. 2374 4. Establish a system to determine eligibility of grant 2375 applications. 2376 5. Establish a system to determine the relative priority of 2377 grant applications. The system must consider public health 2378 protection and water pollution prevention or abatement and must 2379 prioritize projects that plan for the installation of wastewater 2380 transmission facilities to be constructed concurrently with 2381 other construction projects occurring within or along a 2382 transportation facility right-of-way. 2383 6. Establish requirements for competitive procurement of 2384 engineering and construction services, materials, and equipment. 2385 7. Provide for termination of grants when program 2386 requirements are not met. 2387 Section 24. Subsection (9) is added to section 403.412, 2388 Florida Statutes, to read: 2389 403.412 Environmental Protection Act.— 2390 (9)(a) A local government regulation, ordinance, code, 2391 rule, comprehensive plan, charter, or any other provision of law 2392 may not recognize or grant any legal rights to a plant, an 2393 animal, a body of water, or any other part of the natural 2394 environment that is not a person or political subdivision as 2395 defined in s. 1.01(8) or grant such person or political 2396 subdivision any specific rights relating to the natural 2397 environment not otherwise authorized in general law or 2398 specifically granted in the State Constitution. 2399 (b) This subsection does not limit the power of an 2400 adversely affected party to challenge the consistency of a 2401 development order with a comprehensive plan as provided in s. 2402 163.3215 or to file an action for injunctive relief to enforce 2403 the terms of a development agreement or challenge compliance of 2404 the agreement as provided in s. 163.3243. 2405 (c) This subsection does not limit the standing of the 2406 Department of Legal Affairs, a political subdivision or 2407 municipality of the state, or a citizen of the state to maintain 2408 an action for injunctive relief as provided in this section. 2409 Section 25. The Legislature determines and declares that 2410 this act fulfills an important state interest. 2411 Section 26. Effective July 1, 2021, subsection (5) of 2412 section 153.54, Florida Statutes, is amended to read: 2413 153.54 Preliminary report by county commissioners with 2414 respect to creation of proposed district.—Upon receipt of a 2415 petition duly signed by not less than 25 qualified electors who 2416 are also freeholders residing within an area proposed to be 2417 incorporated into a water and sewer district pursuant to this 2418 law and describing in general terms the proposed boundaries of 2419 such proposed district, the board of county commissioners if it 2420 shall deem it necessary and advisable to create and establish 2421 such proposed district for the purpose of constructing, 2422 establishing or acquiring a water system or a sewer system or 2423 both in and for such district (herein called “improvements”), 2424 shall first cause a preliminary report to be made which such 2425 report together with any other relevant or pertinent matters, 2426 shall include at least the following: 2427 (5) For the construction of a new proposed central sewerage 2428 system or the extension of an existing sewerage system that was 2429 not previously approved, the report shall include a study that 2430 includes the available information from the Department of 2431 Environmental ProtectionHealthon the history of onsite sewage 2432 treatment and disposal systems currently in use in the area and 2433 a comparison of the projected costs to the owner of a typical 2434 lot or parcel of connecting to and using the proposed sewerage 2435 system versus installing, operating, and properly maintaining an 2436 onsite sewage treatment and disposal system that is approved by 2437 the Department of Environmental ProtectionHealthand that 2438 provides for the comparable level of environmental and health 2439 protection as the proposed central sewerage system; 2440 consideration of the local authority’s obligations or reasonably 2441 anticipated obligations for water body cleanup and protection 2442 under state or federal programs, including requirements for 2443 water bodies listed under s. 303(d) of the Clean Water Act, Pub. 2444 L. No. 92-500, 33 U.S.C. ss. 1251 et seq.; and other factors 2445 deemed relevant by the local authority. 2446 2447 Such report shall be filed in the office of the clerk of the 2448 circuit court and shall be open for the inspection of any 2449 taxpayer, property owner, qualified elector or any other 2450 interested or affected person. 2451 Section 27. Effective July 1, 2021, paragraph (c) of 2452 subsection (2) of section 153.73, Florida Statutes, is amended 2453 to read: 2454 153.73 Assessable improvements; levy and payment of special 2455 assessments.—Any district may provide for the construction or 2456 reconstruction of assessable improvements as defined in s. 2457 153.52, and for the levying of special assessments upon 2458 benefited property for the payment thereof, underthe provisions2459ofthis section. 2460 (2) 2461 (c) For the construction of a new proposed central sewerage 2462 system or the extension of an existing sewerage system that was 2463 not previously approved, the report shall include a study that 2464 includes the available information from the Department of 2465 Environmental ProtectionHealthon the history of onsite sewage 2466 treatment and disposal systems currently in use in the area and 2467 a comparison of the projected costs to the owner of a typical 2468 lot or parcel of connecting to and using the proposed sewerage 2469 system versus installing, operating, and properly maintaining an 2470 onsite sewage treatment and disposal system that is approved by 2471 the Department of Environmental ProtectionHealthand that 2472 provides for the comparable level of environmental and health 2473 protection as the proposed central sewerage system; 2474 consideration of the local authority’s obligations or reasonably 2475 anticipated obligations for water body cleanup and protection 2476 under state or federal programs, including requirements for 2477 water bodies listed under s. 303(d) of the Clean Water Act, Pub. 2478 L. No. 92-500, 33 U.S.C. ss. 1251 et seq.; and other factors 2479 deemed relevant by the local authority. 2480 Section 28. Effective July 1, 2021, subsection (2) of 2481 section 163.3180, Florida Statutes, is amended to read: 2482 163.3180 Concurrency.— 2483 (2) Consistent with public health and safety, sanitary 2484 sewer, solid waste, drainage, adequate water supplies, and 2485 potable water facilities shall be in place and available to 2486 serve new development no later than the issuance by the local 2487 government of a certificate of occupancy or its functional 2488 equivalent. Prior to approval of a building permit or its 2489 functional equivalent, the local government shall consult with 2490 the applicable water supplier to determine whether adequate 2491 water supplies to serve the new development will be available no 2492 later than the anticipated date of issuance by the local 2493 government of a certificate of occupancy or its functional 2494 equivalent. A local government may meet the concurrency 2495 requirement for sanitary sewer through the use of onsite sewage 2496 treatment and disposal systems approved by the Department of 2497 Environmental ProtectionHealthto serve new development. 2498 Section 29. Effective July 1, 2021, subsection (3) of 2499 section 180.03, Florida Statutes, is amended to read: 2500 180.03 Resolution or ordinance proposing construction or 2501 extension of utility; objections to same.— 2502 (3) For the construction of a new proposed central sewerage 2503 system or the extension of an existing central sewerage system 2504 that was not previously approved, the report shall include a 2505 study that includes the available information from the 2506 Department of Environmental ProtectionHealthon the history of 2507 onsite sewage treatment and disposal systems currently in use in 2508 the area and a comparison of the projected costs to the owner of 2509 a typical lot or parcel of connecting to and using the proposed 2510 central sewerage system versus installing, operating, and 2511 properly maintaining an onsite sewage treatment and disposal 2512 system that is approved by the Department of Environmental 2513 ProtectionHealthand that provides for the comparable level of 2514 environmental and health protection as the proposed central 2515 sewerage system; consideration of the local authority’s 2516 obligations or reasonably anticipated obligations for water body 2517 cleanup and protection under state or federal programs, 2518 including requirements for water bodies listed under s. 303(d) 2519 of the Clean Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 2520 et seq.; and other factors deemed relevant by the local 2521 authority. The results of such a study shall be included in the 2522 resolution or ordinance required under subsection (1). 2523 Section 30. Subsections (2), (3), and (6) of section 2524 311.105, Florida Statutes, are amended to read: 2525 311.105 Florida Seaport Environmental Management Committee; 2526 permitting; mitigation.— 2527 (2) Each application for a permit authorized pursuant to s. 2528 403.061(38)s. 403.061(37)must include: 2529 (a) A description of maintenance dredging activities to be 2530 conducted and proposed methods of dredged-material management. 2531 (b) A characterization of the materials to be dredged and 2532 the materials within dredged-material management sites. 2533 (c) A description of dredged-material management sites and 2534 plans. 2535 (d) A description of measures to be undertaken, including 2536 environmental compliance monitoring, to minimize adverse 2537 environmental effects of maintenance dredging and dredged 2538 material management. 2539 (e) Such scheduling information as is required to 2540 facilitate state supplementary funding of federal maintenance 2541 dredging and dredged-material management programs consistent 2542 with beach restoration criteria of the Department of 2543 Environmental Protection. 2544 (3) Each application for a permit authorized pursuant to s. 2545 403.061(39)s. 403.061(38)must includethe provisions of2546 paragraphs (2)(b)-(e) and the following: 2547 (a) A description of dredging and dredged-material 2548 management and other related activities associated with port 2549 development, including the expansion of navigation channels, 2550 dredged-material management sites, port harbors, turning basins, 2551 harbor berths, and associated facilities. 2552 (b) A discussion of environmental mitigation as is proposed 2553 for dredging and dredged-material management for port 2554 development, including the expansion of navigation channels, 2555 dredged-material management sites, port harbors, turning basins, 2556 harbor berths, and associated facilities. 2557 (6) Dredged-material management activities authorized 2558 pursuant to s. 403.061(38)s. 403.061(37)or s. 403.061(39)(38)2559 shall be incorporated into port master plans developed pursuant 2560 to s. 163.3178(2)(k). 2561 Section 31. Paragraph (d) of subsection (1) of section 2562 327.46, Florida Statutes, is amended to read: 2563 327.46 Boating-restricted areas.— 2564 (1) Boating-restricted areas, including, but not limited 2565 to, restrictions of vessel speeds and vessel traffic, may be 2566 established on the waters of this state for any purpose 2567 necessary to protect the safety of the public if such 2568 restrictions are necessary based on boating accidents, 2569 visibility, hazardous currents or water levels, vessel traffic 2570 congestion, or other navigational hazards or to protect 2571 seagrasses on privately owned submerged lands. 2572 (d) Owners of private submerged lands that are adjacent to 2573 Outstanding Florida Waters, as defined in s. 403.061(28)s.2574403.061(27), or an aquatic preserve established under ss. 2575 258.39-258.399 may request that the commission establish 2576 boating-restricted areas solely to protect any seagrass and 2577 contiguous seagrass habitat within their private property 2578 boundaries from seagrass scarring due to propeller dredging. 2579 Owners making a request pursuant to this paragraph must 2580 demonstrate to the commission clear ownership of the submerged 2581 lands. The commission shall adopt rules to implement this 2582 paragraph, including, but not limited to, establishing an 2583 application process and criteria for meeting the requirements of 2584 this paragraph. Each approved boating-restricted area shall be 2585 established by commission rule. For marking boating-restricted 2586 zones established pursuant to this paragraph, owners of 2587 privately submerged lands shall apply to the commission for a 2588 uniform waterway marker permit in accordance with ss. 327.40 and 2589 327.41, and shall be responsible for marking the boating 2590 restricted zone in accordance with the terms of the permit. 2591 Section 32. Paragraph (d) of subsection (3) of section 2592 373.250, Florida Statutes, is amended to read: 2593 373.250 Reuse of reclaimed water.— 2594 (3) 2595 (d) The South Florida Water Management District shall 2596 require the use of reclaimed water made available by the 2597 elimination of wastewater ocean outfall discharges as provided 2598 for in s. 403.086(10)s. 403.086(9)in lieu of surface water or 2599 groundwater when the use of reclaimed water is available; is 2600 environmentally, economically, and technically feasible; and is 2601 of such quality and reliability as is necessary to the user. 2602 Such reclaimed water may also be required in lieu of other 2603 alternative sources. In determining whether to require such 2604 reclaimed water in lieu of other alternative sources, the water 2605 management district shall consider existing infrastructure 2606 investments in place or obligated to be constructed by an 2607 executed contract or similar binding agreement as of July 1, 2608 2011, for the development of other alternative sources. 2609 Section 33. Subsection (9) of section 373.414, Florida 2610 Statutes, is amended to read: 2611 373.414 Additional criteria for activities in surface 2612 waters and wetlands.— 2613 (9) The department and the governing boards, on or before 2614 July 1, 1994, shall adopt rules to incorporatethe provisions of2615 this section, relying primarily on the existing rules of the 2616 department and the water management districts, into the rules 2617 governing the management and storage of surface waters. Such 2618 rules shall seek to achieve a statewide, coordinated and 2619 consistent permitting approach to activities regulated under 2620 this part. Variations in permitting criteria in the rules of 2621 individual water management districts or the department shall 2622 only be provided to address differing physical or natural 2623 characteristics. Such rules adopted pursuant to this subsection 2624 shall include the special criteria adopted pursuant to s. 2625 403.061(30)s. 403.061(29)and may include the special criteria 2626 adopted pursuant to s. 403.061(35)s. 403.061(34). Such rules 2627 shall include a provision requiring that a notice of intent to 2628 deny or a permit denial based upon this section shall contain an 2629 explanation of the reasons for such denial and an explanation, 2630 in general terms, of what changes, if any, are necessary to 2631 address such reasons for denial. Such rules may establish 2632 exemptions and general permits, if such exemptions and general 2633 permits do not allow significant adverse impacts to occur 2634 individually or cumulatively. Such rules may require submission 2635 of proof of financial responsibility which may include the 2636 posting of a bond or other form of surety prior to the 2637 commencement of construction to provide reasonable assurance 2638 that any activity permitted pursuant to this section, including 2639 any mitigation for such permitted activity, will be completed in 2640 accordance with the terms and conditions of the permit once the 2641 construction is commenced. Until rules adopted pursuant to this 2642 subsection become effective, existing rules adopted under this 2643 part and rules adopted pursuant to the authority of ss. 403.91 2644 403.929 shall be deemed authorized under this part and shall 2645 remain in full force and effect. Neither the department nor the 2646 governing boards are limited or prohibited from amending any 2647 such rules. 2648 Section 34. Paragraph (b) of subsection (4) of section 2649 373.705, Florida Statutes, is amended to read: 2650 373.705 Water resource development; water supply 2651 development.— 2652 (4) 2653 (b) Water supply development projects that meet the 2654 criteria in paragraph (a) and that meet one or more of the 2655 following additional criteria shall be given first consideration 2656 for state or water management district funding assistance: 2657 1. The project brings about replacement of existing sources 2658 in order to help implement a minimum flow or minimum water 2659 level; 2660 2. The project implements reuse that assists in the 2661 elimination of domestic wastewater ocean outfalls as provided in 2662 s. 403.086(10)s. 403.086(9); or 2663 3. The project reduces or eliminates the adverse effects of 2664 competition between legal users and the natural system. 2665 Section 35. Paragraph (f) of subsection (8) of section 2666 373.707, Florida Statutes, is amended to read: 2667 373.707 Alternative water supply development.— 2668 (8) 2669 (f) The governing boards shall determine those projects 2670 that will be selected for financial assistance. The governing 2671 boards may establish factors to determine project funding; 2672 however, significant weight shall be given to the following 2673 factors: 2674 1. Whether the project provides substantial environmental 2675 benefits by preventing or limiting adverse water resource 2676 impacts. 2677 2. Whether the project reduces competition for water 2678 supplies. 2679 3. Whether the project brings about replacement of 2680 traditional sources in order to help implement a minimum flow or 2681 level or a reservation. 2682 4. Whether the project will be implemented by a consumptive 2683 use permittee that has achieved the targets contained in a goal 2684 based water conservation program approved pursuant to s. 2685 373.227. 2686 5. The quantity of water supplied by the project as 2687 compared to its cost. 2688 6. Projects in which the construction and delivery to end 2689 users of reuse water is a major component. 2690 7. Whether the project will be implemented by a 2691 multijurisdictional water supply entity or regional water supply 2692 authority. 2693 8. Whether the project implements reuse that assists in the 2694 elimination of domestic wastewater ocean outfalls as provided in 2695 s. 403.086(10)s. 403.086(9). 2696 9. Whether the county or municipality, or the multiple 2697 counties or municipalities, in which the project is located has 2698 implemented a high-water recharge protection tax assessment 2699 program as provided in s. 193.625. 2700 Section 36. Subsection (4) of section 373.709, Florida 2701 Statutes, is amended to read: 2702 373.709 Regional water supply planning.— 2703 (4) The South Florida Water Management District shall 2704 include in its regional water supply plan water resource and 2705 water supply development projects that promote the elimination 2706 of wastewater ocean outfalls as provided in s. 403.086(10)s.2707403.086(9). 2708 Section 37. Effective July 1, 2021, subsection (3) of 2709 section 373.807, Florida Statutes, is amended to read: 2710 373.807 Protection of water quality in Outstanding Florida 2711 Springs.—By July 1, 2016, the department shall initiate 2712 assessment, pursuant to s. 403.067(3), of Outstanding Florida 2713 Springs or spring systems for which an impairment determination 2714 has not been made under the numeric nutrient standards in effect 2715 for spring vents. Assessments must be completed by July 1, 2018. 2716 (3) As part of a basin management action plan that includes 2717 an Outstanding Florida Spring, the department,the Department of2718Health,relevant local governments, and relevant local public 2719 and private wastewater utilities shall develop an onsite sewage 2720 treatment and disposal system remediation plan for a spring if 2721 the department determines onsite sewage treatment and disposal 2722 systems within a priority focus area contribute at least 20 2723 percent of nonpoint source nitrogen pollution or if the 2724 department determines remediation is necessary to achieve the 2725 total maximum daily load. The plan shall identify cost-effective 2726 and financially feasible projects necessary to reduce the 2727 nutrient impacts from onsite sewage treatment and disposal 2728 systems and shall be completed and adopted as part of the basin 2729 management action plan no later than the first 5-year milestone 2730 required by subparagraph (1)(b)8. The department is the lead 2731 agency in coordinating the preparation of and the adoption of 2732 the plan. The department shall: 2733 (a) Collect and evaluate credible scientific information on 2734 the effect of nutrients, particularly forms of nitrogen, on 2735 springs and springs systems; and 2736 (b) Develop a public education plan to provide area 2737 residents with reliable, understandable information about onsite 2738 sewage treatment and disposal systems and springs. 2739 2740 In addition to the requirements in s. 403.067, the plan shall 2741 include options for repair, upgrade, replacement, drainfield 2742 modification, addition of effective nitrogen reducing features, 2743 connection to a central sewerage system, or other action for an 2744 onsite sewage treatment and disposal system or group of systems 2745 within a priority focus area that contribute at least 20 percent 2746 of nonpoint source nitrogen pollution or if the department 2747 determines remediation is necessary to achieve a total maximum 2748 daily load. For these systems, the department shall include in 2749 the plan a priority ranking for each system or group of systems 2750 that requires remediation and shall award funds to implement the 2751 remediation projects contingent on an appropriation in the 2752 General Appropriations Act, which may include all or part of the 2753 costs necessary for repair, upgrade, replacement, drainfield 2754 modification, addition of effective nitrogen reducing features, 2755 initial connection to a central sewerage system, or other 2756 action. In awarding funds, the department may consider expected 2757 nutrient reduction benefit per unit cost, size and scope of 2758 project, relative local financial contribution to the project, 2759 and the financial impact on property owners and the community. 2760 The department may waive matching funding requirements for 2761 proposed projects within an area designated as a rural area of 2762 opportunity under s. 288.0656. 2763 Section 38. Paragraph (k) of subsection (1) of section 2764 376.307, Florida Statutes, is amended to read: 2765 376.307 Water Quality Assurance Trust Fund.— 2766 (1) The Water Quality Assurance Trust Fund is intended to 2767 serve as a broad-based fund for use in responding to incidents 2768 of contamination that pose a serious danger to the quality of 2769 groundwater and surface water resources or otherwise pose a 2770 serious danger to the public health, safety, or welfare. Moneys 2771 in this fund may be used: 2772 (k) For funding activities described in s. 403.086(10)s.2773403.086(9)which are authorized for implementation under the 2774 Leah Schad Memorial Ocean Outfall Program. 2775 Section 39. Paragraph (i) of subsection (2), paragraph (b) 2776 of subsection (4), paragraph (j) of subsection (7), and 2777 paragraph (a) of subsection (9) of section 380.0552, Florida 2778 Statutes, are amended to read: 2779 380.0552 Florida Keys Area; protection and designation as 2780 area of critical state concern.— 2781 (2) LEGISLATIVE INTENT.—It is the intent of the Legislature 2782 to: 2783 (i) Protect and improve the nearshore water quality of the 2784 Florida Keys through federal, state, and local funding of water 2785 quality improvement projects, including the construction and 2786 operation of wastewater management facilities that meet the 2787 requirements of ss. 381.0065(4)(l) and 403.086(11)403.086(10), 2788 as applicable. 2789 (4) REMOVAL OF DESIGNATION.— 2790 (b) Beginning November 30, 2010, the state land planning 2791 agency shall annually submit a written report to the 2792 Administration Commission describing the progress of the Florida 2793 Keys Area toward completing the work program tasks specified in 2794 commission rules. The land planning agency shall recommend 2795 removing the Florida Keys Area from being designated as an area 2796 of critical state concern to the commission if it determines 2797 that: 2798 1. All of the work program tasks have been completed, 2799 including construction of, operation of, and connection to 2800 central wastewater management facilities pursuant to s. 2801 403.086(11)s. 403.086(10)and upgrade of onsite sewage 2802 treatment and disposal systems pursuant to s. 381.0065(4)(l); 2803 2. All local comprehensive plans and land development 2804 regulations and the administration of such plans and regulations 2805 are adequate to protect the Florida Keys Area, fulfill the 2806 legislative intent specified in subsection (2), and are 2807 consistent with and further the principles guiding development; 2808 and 2809 3. A local government has adopted a resolution at a public 2810 hearing recommending the removal of the designation. 2811 (7) PRINCIPLES FOR GUIDING DEVELOPMENT.—State, regional, 2812 and local agencies and units of government in the Florida Keys 2813 Area shall coordinate their plans and conduct their programs and 2814 regulatory activities consistent with the principles for guiding 2815 development as specified in chapter 27F-8, Florida 2816 Administrative Code, as amended effective August 23, 1984, which 2817 is adopted and incorporated herein by reference. For the 2818 purposes of reviewing the consistency of the adopted plan, or 2819 any amendments to that plan, with the principles for guiding 2820 development, and any amendments to the principles, the 2821 principles shall be construed as a whole and specific provisions 2822 may not be construed or applied in isolation from the other 2823 provisions. However, the principles for guiding development are 2824 repealed 18 months from July 1, 1986. After repeal, any plan 2825 amendments must be consistent with the following principles: 2826 (j) Ensuring the improvement of nearshore water quality by 2827 requiring the construction and operation of wastewater 2828 management facilities that meet the requirements of ss. 2829 381.0065(4)(l) and s. 403.086(11)403.086(10), as applicable, 2830 and by directing growth to areas served by central wastewater 2831 treatment facilities through permit allocation systems. 2832 (9) MODIFICATION TO PLANS AND REGULATIONS.— 2833 (a) Any land development regulation or element of a local 2834 comprehensive plan in the Florida Keys Area may be enacted, 2835 amended, or rescinded by a local government, but the enactment, 2836 amendment, or rescission becomes effective only upon approval by 2837 the state land planning agency. The state land planning agency 2838 shall review the proposed change to determine if it is in 2839 compliance with the principles for guiding development specified 2840 in chapter 27F-8, Florida Administrative Code, as amended 2841 effective August 23, 1984, and must approve or reject the 2842 requested changes within 60 days after receipt. Amendments to 2843 local comprehensive plans in the Florida Keys Area must also be 2844 reviewed for compliance with the following: 2845 1. Construction schedules and detailed capital financing 2846 plans for wastewater management improvements in the annually 2847 adopted capital improvements element, and standards for the 2848 construction of wastewater treatment and disposal facilities or 2849 collection systems that meet or exceed the criteria in s. 2850 403.086(11)s. 403.086(10)for wastewater treatment and disposal 2851 facilities or s. 381.0065(4)(l) for onsite sewage treatment and 2852 disposal systems. 2853 2. Goals, objectives, and policies to protect public safety 2854 and welfare in the event of a natural disaster by maintaining a 2855 hurricane evacuation clearance time for permanent residents of 2856 no more than 24 hours. The hurricane evacuation clearance time 2857 shall be determined by a hurricane evacuation study conducted in 2858 accordance with a professionally accepted methodology and 2859 approved by the state land planning agency. 2860 Section 40. Effective July 1, 2021, subsections (7) and 2861 (18) of section 381.006, Florida Statutes, are amended to read: 2862 381.006 Environmental health.—The department shall conduct 2863 an environmental health program as part of fulfilling the 2864 state’s public health mission. The purpose of this program is to 2865 detect and prevent disease caused by natural and manmade factors 2866 in the environment. The environmental health program shall 2867 include, but not be limited to: 2868(7) An onsite sewage treatment and disposal function.2869 (17)(18)A food service inspection function for domestic 2870 violence centers that are certified by the Department of 2871 Children and Families and monitored by the Florida Coalition 2872 Against Domestic Violence under part XII of chapter 39 and group 2873 care homes as described in subsection (15)(16), which shall be 2874 conducted annually and be limited to the requirements in 2875 department rule applicable to community-based residential 2876 facilities with five or fewer residents. 2877 2878 The department may adopt rules to carry out the provisions of 2879 this section. 2880 Section 41. Effective July 1, 2021, subsection (1) of 2881 section 381.0061, Florida Statutes, is amended to read: 2882 381.0061 Administrative fines.— 2883 (1) In addition to any administrative action authorized by 2884 chapter 120 or by other law, the department may impose a fine, 2885 which mayshallnot exceed $500 for each violation, for a 2886 violation of s. 381.006(15)s. 381.006(16), s. 381.0065, s. 2887 381.0066, s. 381.0072, or part III of chapter 489, for a 2888 violation of any rule adopted under this chapter, or for a 2889 violation ofany ofthe provisions ofchapter 386. Notice of 2890 intent to impose such fine shall be given by the department to 2891 the alleged violator. Each day that a violation continues may 2892 constitute a separate violation. 2893 Section 42. Effective July 1, 2021, subsection (1) of 2894 section 381.0064, Florida Statutes, is amended to read: 2895 381.0064 Continuing education courses for persons 2896 installing or servicing septic tanks.— 2897 (1) The Department of Environmental ProtectionHealthshall 2898 establish a program for continuing education which meets the 2899 purposes of ss. 381.0101 and 489.554 regarding the public health 2900 and environmental effects of onsite sewage treatment and 2901 disposal systems and any other matters the department determines 2902 desirable for the safe installation and use of onsite sewage 2903 treatment and disposal systems. The department may charge a fee 2904 to cover the cost of such program. 2905 Section 43. Effective July 1, 2021, paragraph (d) of 2906 subsection (7), subsection (8), and paragraphs (b), (c), and (d) 2907 of subsection (9) of section 381.00651, Florida Statutes, are 2908 amended to read: 2909 381.00651 Periodic evaluation and assessment of onsite 2910 sewage treatment and disposal systems.— 2911 (7) The following procedures shall be used for conducting 2912 evaluations: 2913 (d) Assessment procedure.—All evaluation procedures used by 2914 a qualified contractor shall be documented in the environmental 2915 health database of the Department of Environmental Protection 2916Health. The qualified contractor shall provide a copy of a 2917 written, signed evaluation report to the property owner upon 2918 completion of the evaluation and to the county health department 2919 within 30 days after the evaluation. The report mustshall2920 contain the name and license number of the company providing the 2921 report. A copy of the evaluation report shall be retained by the 2922 local county health department for a minimum of 5 years and 2923 until a subsequent inspection report is filed. The front cover 2924 of the report must identify any system failure and include a 2925 clear and conspicuous notice to the owner that the owner has a 2926 right to have any remediation of the failure performed by a 2927 qualified contractor other than the contractor performing the 2928 evaluation. The report must further identify any crack, leak, 2929 improper fit, or other defect in the tank, manhole, or lid, and 2930 any other damaged or missing component; any sewage or effluent 2931 visible on the ground or discharging to a ditch or other surface 2932 water body; any downspout, stormwater, or other source of water 2933 directed onto or toward the system; and any other maintenance 2934 need or condition of the system at the time of the evaluation 2935 which, in the opinion of the qualified contractor, would 2936 possibly interfere with or restrict any future repair or 2937 modification to the existing system. The report shall conclude 2938 with an overall assessment of the fundamental operational 2939 condition of the system. 2940 (8) The county health department, in coordination with the 2941 department, shall administer any evaluation program on behalf of 2942 a county, or a municipality within the county, that has adopted 2943 an evaluation program pursuant to this section. In order to 2944 administer the evaluation program, the county or municipality, 2945 in consultation with the county health department, may develop a 2946 reasonable fee schedule to be used solely to pay for the costs 2947 of administering the evaluation program. Such a fee schedule 2948 shall be identified in the ordinance that adopts the evaluation 2949 program. When arriving at a reasonable fee schedule, the 2950 estimated annual revenues to be derived from fees may not exceed 2951 reasonable estimated annual costs of the program. Fees shall be 2952 assessed to the system owner during an inspection and separately 2953 identified on the invoice of the qualified contractor. Fees 2954 shall be remitted by the qualified contractor to the county 2955 health department. The county health department’s administrative 2956 responsibilities include the following: 2957 (a) Providing a notice to the system owner at least 60 days 2958 before the system is due for an evaluation. The notice may 2959 include information on the proper maintenance of onsite sewage 2960 treatment and disposal systems. 2961 (b) In consultation with the departmentof Health, 2962 providing uniform disciplinary procedures and penalties for 2963 qualified contractors who do not comply with the requirements of 2964 the adopted ordinance, including, but not limited to, failure to 2965 provide the evaluation report as required in this subsection to 2966 the system owner and the county health department. Only the 2967 county health department may assess penalties against system 2968 owners for failure to comply with the adopted ordinance, 2969 consistent with existing requirements of law. 2970 (9) 2971 (b) Upon receipt of the notice under paragraph (a), the 2972 departmentof Environmental Protectionshall, within existing 2973 resources, notify the county or municipality of the potential 2974 use of, and access to, program funds under the Clean Water State 2975 Revolving Fund or s. 319 of the Clean Water Act, provide 2976 guidance in the application process to receive such moneys, and 2977 provide advice and technical assistance to the county or 2978 municipality on how to establish a low-interest revolving loan 2979 program or how to model a revolving loan program after the low 2980 interest loan program of the Clean Water State Revolving Fund. 2981 This paragraph does not obligate the departmentof Environmental2982Protectionto provide any county or municipality with money to 2983 fund such programs. 2984 (c) The departmentof Healthmay not adopt any rule that 2985 altersthe provisions ofthis section. 2986 (d) The departmentof Healthmust allow county health 2987 departments and qualified contractors access to the 2988 environmental health database to track relevant information and 2989 assimilate data from assessment and evaluation reports of the 2990 overall condition of onsite sewage treatment and disposal 2991 systems. The environmental health database must be used by 2992 contractors to report each service and evaluation event and by a 2993 county health department to notify owners of onsite sewage 2994 treatment and disposal systems when evaluations are due. Data 2995 and information must be recorded and updated as service and 2996 evaluations are conducted and reported. 2997 Section 44. Effective July 1, 2021, paragraph (g) of 2998 subsection (1) of section 381.0101, Florida Statutes, is amended 2999 to read: 3000 381.0101 Environmental health professionals.— 3001 (1) DEFINITIONS.—As used in this section: 3002 (g) “Primary environmental health program” means those 3003 programs determined by the department to be essential for 3004 providing basic environmental and sanitary protection to the 3005 public. At a minimum, these programs shall include food 3006 protection program workand onsite sewage treatment and disposal3007system evaluations. 3008 Section 45. Section 403.08601, Florida Statutes, is amended 3009 to read: 3010 403.08601 Leah Schad Memorial Ocean Outfall Program.—The 3011 Legislature declares that as funds become available the state 3012 may assist the local governments and agencies responsible for 3013 implementing the Leah Schad Memorial Ocean Outfall Program 3014 pursuant to s. 403.086(10)s. 403.086(9). Funds received from 3015 other sources provided for in law, the General Appropriations 3016 Act, from gifts designated for implementation of the plan from 3017 individuals, corporations, or other entities, or federal funds 3018 appropriated by Congress for implementation of the plan, may be 3019 deposited into an account of the Water Quality Assurance Trust 3020 Fund. 3021 Section 46. Section 403.0871, Florida Statutes, is amended 3022 to read: 3023 403.0871 Florida Permit Fee Trust Fund.—There is 3024 established within the department a nonlapsing trust fund to be 3025 known as the “Florida Permit Fee Trust Fund.” All funds received 3026 from applicants for permits pursuant to ss. 161.041, 161.053, 3027 161.0535, 403.087(7)403.087(6), and 403.861(7)(a) shall be 3028 deposited in the Florida Permit Fee Trust Fund and shall be used 3029 by the department with the advice and consent of the Legislature 3030 to supplement appropriations and other funds received by the 3031 department for the administration of its responsibilities under 3032 this chapter and chapter 161. In no case shall funds from the 3033 Florida Permit Fee Trust Fund be used for salary increases 3034 without the approval of the Legislature. 3035 Section 47. Paragraph (a) of subsection (11) of section 3036 403.0872, Florida Statutes, is amended to read: 3037 403.0872 Operation permits for major sources of air 3038 pollution; annual operation license fee.—Provided that program 3039 approval pursuant to 42 U.S.C. s. 7661a has been received from 3040 the United States Environmental Protection Agency, beginning 3041 January 2, 1995, each major source of air pollution, including 3042 electrical power plants certified under s. 403.511, must obtain 3043 from the department an operation permit for a major source of 3044 air pollution under this section. This operation permit is the 3045 only department operation permit for a major source of air 3046 pollution required for such source; provided, at the applicant’s 3047 request, the department shall issue a separate acid rain permit 3048 for a major source of air pollution that is an affected source 3049 within the meaning of 42 U.S.C. s. 7651a(1). Operation permits 3050 for major sources of air pollution, except general permits 3051 issued pursuant to s. 403.814, must be issued in accordance with 3052 the procedures contained in this section and in accordance with 3053 chapter 120; however, to the extent that chapter 120 is 3054 inconsistent withthe provisions ofthis section, the procedures 3055 contained in this section prevail. 3056 (11) Each major source of air pollution permitted to 3057 operate in this state must pay between January 15 and April 1 of 3058 each year, upon written notice from the department, an annual 3059 operation license fee in an amount determined by department 3060 rule. The annual operation license fee shall be terminated 3061 immediately in the event the United States Environmental 3062 Protection Agency imposes annual fees solely to implement and 3063 administer the major source air-operation permit program in 3064 Florida under 40 C.F.R. s. 70.10(d). 3065 (a) The annual fee must be assessed based upon the source’s 3066 previous year’s emissions and must be calculated by multiplying 3067 the applicable annual operation license fee factor times the 3068 tons of each regulated air pollutant actually emitted, as 3069 calculated in accordance with the department’s emissions 3070 computation and reporting rules. The annual fee shall only apply 3071 to those regulated pollutants, except carbon monoxide and 3072 greenhouse gases, for which an allowable numeric emission 3073 limiting standard is specified in the source’s most recent 3074 construction or operation permit; provided, however, that: 3075 1. The license fee factor is $25 or another amount 3076 determined by department rule which ensures that the revenue 3077 provided by each year’s operation license fees is sufficient to 3078 cover all reasonable direct and indirect costs of the major 3079 stationary source air-operation permit program established by 3080 this section. The license fee factor may be increased beyond $25 3081 only if the secretary of the department affirmatively finds that 3082 a shortage of revenue for support of the major stationary source 3083 air-operation permit program will occur in the absence of a fee 3084 factor adjustment. The annual license fee factor may never 3085 exceed $35. 3086 2. The amount of each regulated air pollutant in excess of 3087 4,000 tons per year emitted by any source, or group of sources 3088 belonging to the same Major Group as described in the Standard 3089 Industrial Classification Manual, 1987, may not be included in 3090 the calculation of the fee. Any source, or group of sources, 3091 which does not emit any regulated air pollutant in excess of 3092 4,000 tons per year, is allowed a one-time credit not to exceed 3093 25 percent of the first annual licensing fee for the prorated 3094 portion of existing air-operation permit application fees 3095 remaining upon commencement of the annual licensing fees. 3096 3. If the department has not received the fee by March 1 of 3097 the calendar year, the permittee must be sent a written warning 3098 of the consequences for failing to pay the fee by April 1. If 3099 the fee is not postmarked by April 1 of the calendar year, the 3100 department shall impose, in addition to the fee, a penalty of 50 3101 percent of the amount of the fee, plus interest on such amount 3102 computed in accordance with s. 220.807. The department may not 3103 impose such penalty or interest on any amount underpaid, 3104 provided that the permittee has timely remitted payment of at 3105 least 90 percent of the amount determined to be due and remits 3106 full payment within 60 days after receipt of notice of the 3107 amount underpaid. The department may waive the collection of 3108 underpayment and mayshallnot be required to refund overpayment 3109 of the fee, if the amount due is less than 1 percent of the fee, 3110 up to $50. The department may revoke any major air pollution 3111 source operation permit if it finds that the permitholder has 3112 failed to timely pay any required annual operation license fee, 3113 penalty, or interest. 3114 4. Notwithstanding the computational provisions of this 3115 subsection, the annual operation license fee for any source 3116 subject to this section mayshallnot be less than $250, except 3117 that the annual operation license fee for sources permitted 3118 solely through general permits issued under s. 403.814 mayshall3119 not exceed $50 per year. 3120 5. Notwithstanding s. 403.087(7)(a)5.a., which authorizes 3121the provisions ofs.403.087(6)(a)5.a., authorizingair 3122 pollution construction permit fees, the department may not 3123 require such fees for changes or additions to a major source of 3124 air pollution permitted pursuant to this section, unless the 3125 activity triggers permitting requirements under Title I, Part C 3126 or Part D, of the federal Clean Air Act, 42 U.S.C. ss. 7470 3127 7514a. Costs to issue and administer such permits shall be 3128 considered direct and indirect costs of the major stationary 3129 source air-operation permit program under s. 403.0873. The 3130 department shall, however, require fees pursuant to s. 3131 403.087(7)(a)5.a.the provisions ofs. 403.087(6)(a)5.a.for the 3132 construction of a new major source of air pollution that will be 3133 subject to the permitting requirements of this section once 3134 constructed and for activities triggering permitting 3135 requirements under Title I, Part C or Part D, of the federal 3136 Clean Air Act, 42 U.S.C. ss. 7470-7514a. 3137 Section 48. Paragraph (d) of subsection (3) of section 3138 403.707, Florida Statutes, is amended to read: 3139 403.707 Permits.— 3140 (3) 3141 (d) The department may adopt rules to administer this 3142 subsection. However, the department is not required to submit 3143 such rules to the Environmental Regulation Commission for 3144 approval. Notwithstanding the limitations of s. 403.087(7)(a)s.3145403.087(6)(a), permit fee caps for solid waste management 3146 facilities shall be prorated to reflect the extended permit term 3147 authorized by this subsection. 3148 Section 49. Subsections (8) and (21) of section 403.861, 3149 Florida Statutes, are amended to read: 3150 403.861 Department; powers and duties.—The department shall 3151 have the power and the duty to carry out the provisions and 3152 purposes of this act and, for this purpose, to: 3153 (8) Initiate rulemaking to increase each drinking water 3154 permit application fee authorized under s. 403.087(7)s.3155403.087(6)and this part and adopted by rule to ensure that such 3156 fees are increased to reflect, at a minimum, any upward 3157 adjustment in the Consumer Price Index compiled by the United 3158 States Department of Labor, or similar inflation indicator, 3159 since the original fee was established or most recently revised. 3160 (a) The department shall establish by rule the inflation 3161 index to be used for this purpose. The department shall review 3162 the drinking water permit application fees authorized under s. 3163 403.087(7)s.403.087(6)and this part at least once every 5 3164 years and shall adjust the fees upward, as necessary, within the 3165 established fee caps to reflect changes in the Consumer Price 3166 Index or similar inflation indicator. In the event of deflation, 3167 the department shall consult with the Executive Office of the 3168 Governor and the Legislature to determine whether downward fee 3169 adjustments are appropriate based on the current budget and 3170 appropriation considerations. The department shall also review 3171 the drinking water operation license fees established pursuant 3172 to paragraph (7)(b) at least once every 5 years to adopt, as 3173 necessary, the same inflationary adjustments provided for in 3174 this subsection. 3175 (b) The minimum fee amount shall be the minimum fee 3176 prescribed in this section, and such fee amount shall remain in 3177 effect until the effective date of fees adopted by rule by the 3178 department. 3179 (21)(a) Upon issuance of a construction permit to construct 3180 a new public water system drinking water treatment facility to 3181 provide potable water supply using a surface water that, at the 3182 time of the permit application, is not being used as a potable 3183 water supply, and the classification of which does not include 3184 potable water supply as a designated use, the department shall 3185 add treated potable water supply as a designated use of the 3186 surface water segment in accordance with s. 403.061(30)(b)s.3187403.061(29)(b). 3188 (b) For existing public water system drinking water 3189 treatment facilities that use a surface water as a treated 3190 potable water supply, which surface water classification does 3191 not include potable water supply as a designated use, the 3192 department shall add treated potable water supply as a 3193 designated use of the surface water segment in accordance with 3194 s. 403.061(30)(b)s. 403.061(29)(b). 3195 Section 50. Effective July 1, 2021, subsection (1) of 3196 section 489.551, Florida Statutes, is amended to read: 3197 489.551 Definitions.—As used in this part: 3198 (1) “Department” means the Department of Environmental 3199 ProtectionHealth. 3200 Section 51. Paragraph (b) of subsection (10) of section 3201 590.02, Florida Statutes, is amended to read: 3202 590.02 Florida Forest Service; powers, authority, and 3203 duties; liability; building structures; Withlacoochee Training 3204 Center.— 3205 (10) 3206 (b) The Florida Forest Service may delegate to a county, 3207 municipality, or special district its authority: 3208 1. As delegated by the Department of Environmental 3209 Protection pursuant to ss. 403.061(29)ss. 403.061(28)and 3210 403.081, to manage and enforce regulations pertaining to the 3211 burning of yard trash in accordance with s. 590.125(6). 3212 2. To manage the open burning of land clearing debris in 3213 accordance with s. 590.125. 3214 Section 52. The Division of Law Revision is directed to 3215 replace the phrase “before the rules identified in paragraph (e) 3216 take effect” as it is used in the amendment made by this act to 3217 s. 381.0065(4)(f), Florida Statutes, with the date such rules 3218 are adopted, as provided by the Department of Environmental 3219 Protection pursuant to s. 381.0065(4)(e), Florida Statutes, as 3220 amended by this act. 3221 Section 53. Except as otherwise expressly provided in this 3222 act, this act shall take effect July 1, 2020.