SB 1664 — Basin Management Action Plans

Florida Senate - 2018 CS for SB 1664 By Senatorthe SimmonsCommittee 9-01312A-18on 20181664__Environmental APreservation bill to be entitled An act relating to onsite sewage treatment and disposalConservation; systems;

and Senator Simmons 592-02317A-18 20181664c1 A bill to be entitled An act relating to basin management action plans;

defining the term “onsite sewage treatment and disposal system”;

requiring the Department of Environmental Protection and other entities, as part of a basin management action plan, to develop onsite sewage treatment and disposal system remediation plans and public wastewater treatment plant remediation plans under certain conditions;

specifying the requirementsparameters for developing and adopting a remediation plan;

requiringspecifying suchrequirements plansfor tothe beinstallation, completedrepair, withinmodification, aor upgrade of certain timeframe;onsite sewage treatment and disposal systems;

authorizingrequiring the department to waiveevaluate athe certainneed consideration for ruralthe areascreation or improvement of opportunity;wastewater treatment facilities;

specifyingauthorizing requiredfunding; funding for remediation of wastewater treatment plants;

directingproviding watercriteria managementfor districtsthe toprioritization createof bondablefunding segregatedfor accounts;wastewater treatment facilities;

specifyingrequiring that the installation,department repair, modification, or upgrade of certain onsite sewage treatment and disposal systems must conform to remediationdevelop planrules; requirements;

providing a directive to the Division of Law Revision and Information;

2523 Be It Enacted by the Legislature of the State of Florida:

2725 Section 1. Present paragraph (d) of subsection (7) of section 403.067, Florida Statutes, is redesignated as paragraph (e),(f), and a new paragraphparagraphs (d) isand (e) are added to that subsection, to read:

403.067 Establishment and implementation of total maximum daily loads.— (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.— (d) Onsite sewage treatment and disposal systemssystems.— and public wastewater treatment plants.— 1. For purposes of this section,paragraph, “onsite sewage treatment and disposal system” has the same meaning as in s.

2. As part of a basin management action plan, the department, the Department of Health, relevant local governments, and relevant local public and private wastewater utilities must develop both an onsite sewage treatment and disposal system remediation plan and a public wastewater treatment plant remediation plan if the department determines that remediation is necessary to achieve a total maximum daily load.

The remediation plan must identify cost-effective and financially feasible projects necessary to reduce the nutrient impacts from onsite sewage treatment and disposal systemssystems. and local government owned or operated wastewater treatment plants.

The plan shall be completed and adopted as part of the basin management action plan nowithin later5 thanyears of the firsteffective 5-yeardate milestoneof assessmentthis identifiedact. in subparagraph (a)6.

a. Collect and evaluate credible scientific information on the effect of nutrients on surface and groundwater;groundwaters;

b. Work with local stakeholders to develop a public education plan to provide area residents with reliable, understandable information about onsite sewage treatment and disposal systems,systems local government owned or operated or public utility wastewater treatment facilities, and the impact of such on surface and groundwater pollution;

or other actions addressing onsite sewage treatment and disposal system issuesissues. and local government owned or operated wastewater treatment facilities.

The department shall include in the plan a priority ranking for each onsite system, or group of systems, and for each local government owned or operated wastewater treatment facility that requires remediation.

The priority ranking shall be used to ensure the most effective, efficient use of the funding provided for onsite system and wastewater treatment remediation.

In awarding any such funds, the department may consider the expected nutrient reduction benefit per unit cost, the size and scope of the project, the local financial contribution to the project relative to the overall cost, and the financial impact on property owners and the community.

and d. Ensure that the plan includes an implementation schedule for completion of the actions related to reducing onsite sewage treatment and disposal system nutrient loads and wastewater treatment facility nutrient loads, with milestones, periodic progress evaluations, and a completion date necessary to achieve the total maximum daily load within the timeframe established in the basin management action plan;plan.

and3. The e. Ensureinstallation, thatrepair, anymodification, wastewateror treatmentupgrade facilityof remediationonsite plansewage developedtreatment pursuantand todisposal thissystems sectionon includeslots theof funding1 byacre either the department or theless applicableand waterwithin management districts where the wastewaterboundaries treatment plant is located of noa morebasin thanmanagement 50action percent of the remediation plan costs,with includingan installationonsite ofsewage infrastructure,treatment and atdisposal leastremediation 50plan percentmust fundingconform byto the localrequirements governmentof that owns or operates the wastewaterremediation treatmentplan. facility.

Each(e) Wastewater watertreatment facilities.—As part of the basin management districtaction mustplan, createthe bondabledepartment segregatedshall accountsevaluate inthe orderneed for the creation or improvement of wastewater treatment facilities to implementmeet thisthe section.total maximum daily load.

3. TheThe installation,department repair,shall modification,identify orfunding upgradesources ofavailable onsiteto sewagethe treatmentrelevant andlocal disposalgovernments systemsfor onthe lotscreation of 1 acre or lessimprovement and within the boundaries of awastewater basin management action plan having an onsite sewage treatment andfacilities. disposal system remediation plan must conform to the requirements of the remediation plan.

SectionThe 2. Thisdepartment actand shallthe takerelevant effectwater Julymanagement 1,districts 2018.are authorized and encouraged to enter into cost-share agreements with the relevant local governments for the creation or improvement of wastewater treatment facilities.

If a wastewater treatment facility is identified for funding pursuant to this paragraph, the department and the water management districts shall give priority to projects according to the extent each project is intended to remove, mitigate, or prevent adverse effects on surface or groundwater quality and public health.

The relative costs of achieving environmental and public health benefits must be taken into consideration during the department’s or water management district’s assignment of project priorities.

The department shall adopt a priority system by rule.

In developing the priority system, the department or water management district shall give priority to projects that:

1. Eliminate public health hazards;

2. Enable compliance with laws requiring the elimination of discharges to specific water bodies;

3. Assist in the implementation of total maximum daily loads adopted under this section;

4. Enable compliance with other pollution control requirements, including, but not limited to, toxics control, wastewater residuals management, and reduction of nutrients and bacteria;

5. Assist in the implementation of surface water improvement and management plans and pollutant load reduction goals developed under state water policy;

6. Promote reclaimed water reuse;

7. Eliminate failing onsite sewage treatment and disposal systems or those that are causing environmental damage;

or 8. Reduce pollutants to and otherwise promote the restoration of Florida’s surface and groundwaters.