SB 712 — Environmental Resource Management

authorizing municipalities and counties to take certain actions with respect to regulation of the land application of specified biosolids;

providing for a contingent repeal;

requiring the Department of Environmental Protection, in consultation with water management districts and sewage disposal facilities, to submit a report to the Governor and the Legislature on the status of certain facility upgrades;

specifying requirements for the report;

providing requirements for the report;

increasing and providing administrativecivil penalties;

403.1835,403.885, F.S.;

conformingrequiring athe cross-reference;department to give certain domestic wastewater utilities funding priority within the Water Projects Grant Program;

requiring the department to give priority for water pollution control financial assistance to projects that implement certain provisions and that promote efficiency;

amending s.

403.1838, F.S.;

revising requirements for the prioritization of grant applications within the Small Community Sewer Construction Assistance Act;

amending s.

403.412, F.S.;

prohibiting local governments from recognizing or granting certain legal rights to the natural environment or granting such rights relating to the natural environment to a person or political subdivision;

providing construction;

153.54, 153.73, 163.3180, 180.03, 311.105, 327.46, 373.250, 373.414, 373.705, 373.707, 373.709, 373.807, 376.307, 380.0552, 381.006, 381.0061, 381.0064, 381.00651, 381.0101, 403.08601, 403.0871, 403.0872, 403.1835, 403.707, 403.861, 489.551, and 590.02, F.S.;

199120 WHEREAS, nutrients negatively impact groundwater and surface waters in this state and cause the proliferation of algal blooms, and WHEREAS, onsite sewage treatment and disposal systems were designed to manage human waste and are permitted by the Department of Health for that purpose, and WHEREAS, conventional onsite sewage treatment and disposal systems contribute nutrients to groundwater and surface waters across this state which can cause harmful blue-green algal blooms, and WHEREAS, many stormwater systems are designed primarily to divert and control stormwater rather than to remove pollutants, and WHEREAS, most existing stormwater system design criteria fail to consistently meet either the 80 percent or 95 percent target pollutant reduction goals established by the Department of Environmental Protection, and WHEREAS, other significant pollutants often can be removed from stormwater more easily than nutrients and, as a result, design criteria that provide the desired removal efficiencies for nutrients will likely achieve equal or better removal efficiencies for other constituents, and WHEREAS, the Department of Environmental Protection has found that the major causes of sanitary sewer overflows during storm events are infiltration, inflow, and acute power failures, and WHEREAS, the Department of Environmental Protection lacks statutory authority to regulate infiltration and inflow or to require that all lift stations constructed prior to 2003 have emergency backup power, and WHEREAS, sanitary sewer overflows and leaking infrastructure create both a human health concern and a nutrient pollution problem, and WHEREAS, the agricultural sector is a significant contributor to the excess delivery of nutrients to surface waters throughout this state and has been identified as the dominant source of both phosphorus and nitrogen within the Lake Okeechobee watershed and a number of other basin management action plan areas, and WHEREAS, only 75 percent of eligible agricultural parties within the Lake Okeechobee Basin Management Action Plan area are enrolled in an appropriate best management practice and enrollment numbers are considerably less in other basin management action plan areas, and WHEREAS, although agricultural best management practices, by design, should be technically feasible and economically viable, that does not imply that their adoption and full implementation, alone, will alleviate downstream water quality impairments, NOW, THEREFORE, 249170 Be It Enacted by the Legislature of the State of Florida:

251172 Section 1. This act may be cited as the “Clean Waterways Act.” Section 2. (1) By July 1, 2020, the Department of Health must provide a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives detailing the following information regarding the Onsite Sewage Program:

Section 3. Subsection (1)(5) of section 20.255,373.4131, Florida Statutes, is amendedamended, and subsection (6) is added to that section, to read:

20.255 Department of Environmental Protection.—There is created a Department of Environmental Protection.

(1) The head of the Department of Environmental Protection shall be a secretary, who shall be appointed by the Governor, with the concurrence of one member three members of the Cabinet.

The secretary shall be confirmed by the Florida Senate.

The secretary shall serve at the pleasure of the Governor.

Section 4. Paragraphs (a) and (b) of subsection (7) of section 373.036, Florida Statutes, are amended to read:

373.036 Florida water plan;

district water management plans.— (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.— (a) By March 1, annually, each water management district shall prepare and submit to the Office of Economic and Demographic Research, the department, the Governor, the President of the Senate, and the Speaker of the House of Representatives a consolidated water management district annual report on the management of water resources.

In addition, copies must be provided by the water management districts to the chairs of all legislative committees having substantive or fiscal jurisdiction over the districts and the governing board of each county in the district having jurisdiction or deriving any funds for operations of the district.

Copies of the consolidated annual report must be made available to the public, either in printed or electronic format.

(b) The consolidated annual report shall contain the following elements, as appropriate to that water management district:

1. A district water management plan annual report or the annual work plan report allowed in subparagraph (2)(e)4.

2. The department-approved minimum flows and minimum water levels annual priority list and schedule required by s.

373.042(3).

3. The annual 5-year capital improvements plan required by s.

373.536(6)(a)3.

4. The alternative water supplies annual report required by s.

373.707(8)(n).

5. The final annual 5-year water resource development work program required by s.

373.536(6)(a)4.

6. The Florida Forever Water Management District Work Plan annual report required by s.

373.199(7).

7. The mitigation donation annual report required by s.

373.414(1)(b)2.

8. Information on all projects related to water quality or water quantity as part of a 5-year work program, including:

a. A list of all specific projects identified to implement a basin management action plan, including any projects to connect onsite sewage treatment and disposal systems to central sewerage systems and convert onsite sewage treatment and disposal systems to enhanced nutrient reducing onsite sewage treatment and disposal systems, or a recovery or prevention strategy;

b. A priority ranking for each listed project for which state funding through the water resources development work program is requested, which must be made available to the public for comment at least 30 days before submission of the consolidated annual report;

c. The estimated cost for each listed project;

d. The estimated completion date for each listed project;

e. The source and amount of financial assistance to be made available by the department, a water management district, or other entity for each listed project;

and f. A quantitative estimate of each listed project’s benefit to the watershed, water body, or water segment in which it is located.

9. A grade for each watershed, water body, or water segment in which a project listed under subparagraph 8.

is located representing the level of impairment and violations of adopted minimum flow or minimum water levels.

The grading system must reflect the severity of the impairment of the watershed, water body, or water segment.

Section 5. Subsections (7) and (8) are added to section 373.223, Florida Statutes, to read:

373.223 Conditions for a permit.— (7) A consumptive use permit to use water derived from a spring for bottled water as defined in s.

500.03 may only be approved by unanimous vote by the governing board finding that the applicant meets the criteria in subsection (1).

This subsection shall expire on June 30, 2022.

(8) The Department of Environmental Protection shall, in coordination with the water management districts, conduct a study on the bottled water industry in Florida.

(a) The study must do all of the following:

1. Identify all springs statewide that have an associated consumptive use permit for a bottled water facility producing its product with water derived from a spring as well as:

a. The magnitude of the spring;

b. Whether the spring has been identified as an Outstanding Florida Spring as defined in s.

373.802;

c. Any department or water management district adopted minimum flow or minimum water levels, the status of any adopted minimum flow or minimum water levels, and any associated recovery or prevention strategy;

d. The permitted and actual use associated with the consumptive use permits;

e. The reduction in flow associated with the permitted and actual use associated with the consumptive use permits;

f. The impact on springs of bottled water facilities as compared to other users;

and g. Types of water conservation measures employed at bottled water facilities permitted to derive water from a spring.

2. Identify the labeling and marketing regulations associated with the identification of bottled water as spring water, including whether these regulations incentivize the withdrawal of water from springs.

3. Evaluate the direct and indirect economic benefits to the local communities resulting from bottled water facilities that derive water from springs, including but not limited to tax revenue, job creation and wages.

4. Evaluate the direct and indirect costs to the local communities located in proximity to springs impacted by withdrawals from bottled water production, including, but not limited to, the decreased recreational value of the spring and the cost to other users for the development of alternative water supply or reductions in permit durations and allocations.

5. Include a cost-benefit analysis of withdrawing, producing, marketing, selling, and consuming spring water as compared to other sources of bottled water.

6. Evaluate how much bottled water derived from Florida springs is sold in this state.

(b) The department shall submit a report containing the findings of the study to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Office of Economic and Demographic Research by June 30, 2021.

(c) As used in this section, the term “bottled water” has the same meaning as in s.

500.03 and the term “water derived from a spring” means water derived from an underground formation from which water flows naturally to the surface of the earth in the manner described in 21 C.F.R.

165.110(a)(2)(vi).

Section 6. Subsection (5) of section 373.4131, Florida Statutes, is amended, and subsection (6) is added to that section, to read:

The training must include coordinating field inspections of publicly and privately owned stormwater structural controls, such as stormwater retention or detention ponds.

(a) The department and the water management districts shall initiate rulemaking,rulemaking including updates to the Environmental Resource Permit Applicant’s Handbooks, to update the stormwater design and operation regulations using the most recent scientific information available.available;

Asand part(b) The of rule development, the department mustshall considerevaluate andinspection addressdata low-impactrelating designto bestcompliance managementby practicesthose andentities design criteria that increaseself-certify theunder removals. of nutrients from stormwater discharges, and measures for consistent application of the net improvement performance standard to ensure significant reductions of any pollutant loadings to a waterbody;

403.814(12) and (b) Theprovide departmentthe shallLegislature evaluatewith inspectionrecommendations datafor relatingimprovements to compliancethe by those entities that submit a self-certification underprogram. s.

403.814(12)Section and4. Effective provideJuly the1, Legislature2021, withpresent recommendationsparagraphs for(d) improvementsthrough (q) of subsection (2) of section 381.0065, Florida Statutes, are redesignated as paragraphs (e) through (r), respectively, a new paragraph (d) is added to thethat self-certificationsubsection, process.and subsections (3) and (4) of that section are amended, to read:

Section 7. Effective July 1, 2021, present paragraphs (d) through (q) of subsection (2) of section 381.0065, Florida Statutes, are redesignated as paragraphs (e) through (r), respectively, a new paragraph (d) is added to subsection (2), and subsections (3) and (4) of that section are amended, to read:

Research projects may shall not be awarded to firms or entities that employ or are associated with persons who serve on either the technical review and advisory panel or the research review and advisory committee.

The rulemaking process for such rules must be completed by July 1, 2022, and the department shall notify the Division of Law Revision of the date such rules takeare effect.adopted.

The rules must consider conventional and enhancedadvanced nutrient-reducing onsite sewage treatment and disposal system designs, impaired or degraded water bodies, domestic wastewater and drinking water infrastructure, potable water sources, nonpotable wells, stormwater infrastructure, the onsite sewage treatment and disposal system remediation plans developed pursuant to s.

(f)(e) Onsite sewage treatment and disposal systems that are permitted before adoption of the rules identified in paragraph (e) take effect may must not be placed closer than:

819603 Where soil conditions, water table elevation, and setback provisions are determined by the department to be satisfactory, special consideration must be given to those lots platted before 1972.

851635 Members shall be appointed for a term of 3 years, with such appointments being staggered so that the terms of no more than two members expire in any one year.

1009793 In addition, onsite sewage treatment and disposal systems discharging to an injection well must provide basic disinfection as defined by department rule.

1. A representative of the Secretary of Environmental Protection State Surgeon General, or his or her designee.

1090874 Members shall be appointed for a term of 3 years, with the appointments being staggered so that the terms of no more than four members expire in any one year.

(o)(p) An(p) An application for an onsite sewage treatment and disposal system permit shall be completed in full, signed by the owner or the owner’s authorized representative, or by a contractor licensed under chapter 489, and shall be accompanied by all required exhibits and fees.

(p)(q) The(q) The department may not require any form of subdivision analysis of property by an owner, developer, or subdivider prior to submission of an application for an onsite sewage treatment and disposal system.

(q)(r) Nothing(r) Nothing in this section limits the power of a municipality or county to enforce other laws for the protection of the public health and safety.

(r)(s) In(s) In the siting of onsite sewage treatment and disposal systems, including drainfields, shoulders, and slopes, guttering may shall not be required on single-family residential dwelling units for systems located greater than 5 feet from the roof drip line of the house.

(s)(t) Notwithstanding(t) Notwithstanding the provisions of subparagraph (g)1., onsite sewage treatment and disposal systems located in floodways of the Suwannee and Aucilla Rivers must adhere to the following requirements:

a system approved by the State Health Office that is capable of reducing effluent nitrate by at least 50 percentpercent; in accordance with department rules;

or a system other than a system using alternative drainfield materials in accordance with department rules approved by the county health department pursuant to department rule other than a system using alternative drainfield materials.

(t)(u)1. The(u)1. The owner of an aerobic treatment unit system shall maintain a current maintenance service agreement with an aerobic treatment unit maintenance entity permitted by the department.

(u)(v) The(v) The department may require the submission of detailed system construction plans that are prepared by a professional engineer registered in this state.

(v)(w) Any(w) Any permit issued and approved by the department for the installation, modification, or repair of an onsite sewage treatment and disposal system shall transfer with the title to the property in a real estate transaction.

(w)(x) A(x) A governmental entity, including a municipality, county, or statutorily created commission, may not require an engineer-designed performance-based treatment system, excluding a passive engineer-designed performance-based treatment system, before the completion of the Florida Onsite Sewage Nitrogen Reduction Strategies Project.

(x)(y)1. An(y)1. An onsite sewage treatment and disposal system is not considered abandoned if the system is disconnected from a structure that was made unusable or destroyed following a disaster and if the system was properly functioning at the time of disconnection and was not adversely affected by the disaster.

(y)(z) If(z) If an onsite sewage treatment and disposal system permittee receives, relies upon, and undertakes construction of a system based upon a validly issued construction permit under rules applicable at the time of construction but a change to a rule occurs within 5 years after the approval of the system for construction but before the final approval of the system, the rules applicable and in effect at the time of construction approval apply at the time of final approval if fundamental site conditions have not changed between the time of construction approval and final approval.

(z)(aa) An(aa) An existing-system inspection or evaluation and assessment, or a modification, replacement, or upgrade of an onsite sewage treatment and disposal system is not required for a remodeling addition or modification to a single-family home if a bedroom is not added.

Section 8. Subsection5. Section (7)381.00652, is added to section 381.0065, Florida Statutes, is created to read:

381.0065 Onsite sewage treatment and disposal systems;

regulation.— (7) USE OF NUTRIENT REDUCING ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS.—To meet the requirements of a total maximum daily load, the department shall implement a fast-track approval process for the use in this state of American National Standards Institute 245 systems approved by NSF International before July 1, 2020.

Section 9. Section 381.00652, Florida Statutes, is created to read:

(a) Provide recommendations to increase the availability in the marketplace of enhancednutrient-removing nutrient-reducing onsite sewage treatment and disposal systems, including systems that are costcost-effective, effective, low-maintenance, and reliable.

(b) Consider and recommend regulatory options, such as fast-track approval, prequalification, or expedited permitting, to facilitate the introduction and use of enhancednutrient-removing nutrient reducing onsite sewage treatment and disposal systems that have been reviewed and approved by a national agency or organization, such as the American National Standards Institute 245 systems approved by the NSFNational Sanitation Foundation International.

(3)(a) By August 1, 2021, the department, in consultation with the Department of Health, shall appoint no more than 10nine members to the committee, including, but not limited to, the following:

3. Two3. A representativesrepresentative from the home building industry.

Section 10. Effective6. Effective July 1, 2021, section 381.0068, Florida Statutes, is repealed.

Section 11. Present7. Present subsections (14) through (44) of section 403.061, Florida Statutes, are redesignated as subsections (15) through (45), respectively, a new subsection (14) is added to that section, and subsection (7) of that section is amended, to read:

The department shall adopt rules to reasonably limit, reduce, and eliminate domesticleaks, wastewaterseepages, collectionor andinputs transmissioninto systemthe pipeunderground leakagespipes andof inflowwastewater andcollection infiltration.systems.

(14) In order to promote resilient utilities, require public utilities or their affiliated companies holding,that applyinghold for, or renewingare seeking a domestic wastewater discharge permit to file annual reports and other data regarding transactions or allocations of common costs and expenditures on pollution mitigation and prevention among the utility’sutility permittedor systems,entity including, but not limited to, the prevention of sanitary sewer overflows, collection and transmissionsuch systemaffiliated pipecompanies. leakages, and inflow and infiltration.

The department may require such reports or other data necessary to ensure a permitted entity is reporting expenditures on pollution mitigation and prevention, including, but not limited to, the prevention of sanitary sewer overflows, collection and transmission system pipe leakages, and inflow and infiltration.

13901162 The department shall implement such programs in conjunction with its other powers and duties and shall place special emphasis on reducing and eliminating contamination that presents a threat to humans, animals or plants, or to the environment.

Section 12. Section8. Section 403.0616, Florida Statutes, is created to read:

Section 13. Subsection9. Subsection (7) of section 403.067, Florida Statutes, is amended to read:

The management strategies may include regional treatment systems or other public works, when where appropriate, and voluntary trading of water quality credits to achieve the needed pollutant load reductions.

and e. A planning-level estimate of each listed project’s expected load reduction, if applicable;applicable.

and.

f. An estimated allocation of the pollutant load reduction for each point source or category of point sources.

9. In order to promote resilient wastewater utilities, if the department identifies domestic wastewater treatment facilities or onsite sewage treatment and disposal systems as contributors of at least 20 percent of point source or nonpoint source nutrient pollution or if the department determines remediation is necessary to achieve the total maximum daily load, a basin management action plan for a nutrient total maximum daily load must include the following:

a. A wastewater treatment plan that addresses domestic wastewater developed by each local government in cooperation with the department, the water management district, and the public and private domestic wastewater treatment facilities within the jurisdiction of the local government.

(I) Provide for construction, expansion, or upgrades necessary to achieve the total maximum daily load requirements applicable to the domestic wastewater treatment facility.

(II) Include the permitted capacity in average annual gallons per day for the domestic wastewater treatment facility;

15511320 The wastewater treatment plan must be adopted as part of the basin management action plan no later than July 1, 2025.

Ab. An localonsite governmentsewage istreatment notand responsibledisposal forsystem aremediation privateplan domesticdeveloped wastewaterby facility’seach compliancelocal withgovernment ain basincooperation managementwith actionthe plandepartment, unlessthe suchDepartment facilityof isHealth, operatedwater throughmanagement adistricts, public-privateand partnershippublic toand whichprivate thedomestic localwastewater governmentfacilities. is a party.

b. An onsite sewage treatment and disposal system remediation plan developed by each local government in cooperation with the department, the Department of Health, water management districts, and public and private domestic wastewater treatment facilities.

(B) Identify onsite sewage treatment and disposal systems that would be eliminated through connection to existing or future central domestic wastewater infrastructureinfrastructure, in the jurisdiction or domestic wastewater service area of the local government, that would be replaced with or upgraded to enhancedadvanced nutrient-reducingnutrient-removal systems, or that would remain on conventional onsite sewage treatment and disposal systems;

A regulated entity may choose a different cost option if it complies with the pollutant reduction requirements of an adopted total maximum daily load and provides additional benefits.

5. Subject5. The to subparagraph 6., the Department of Agriculture and Consumer Services shall providecollect tofertilization theand departmentnutrient informationrecords thatfrom iteach obtainsagricultural pursuantproducer toenrolled subparagraphin (d)3.best management practices that address nutrients.

6. AgriculturalThese records relatingmust toinclude processesrates or methods of production,application costsin ofpounds production,per profits,acre; or other financial information held by the Department of Agriculture and Consumer Services pursuant to subparagraphs 3., and 4., and 5.

application method;

fertilizer type or source;

acres covered;

formulation of the applied fertilizer, including nitrogen and phosphorus content;

location;

grade;

and dates applied.

By each March 1, the Department of Agriculture and Consumer Services shall provide the previous year’s records to the department.

6. Agricultural records relating to processes or methods of production, costs of production, profits, or other financial information held by the Department of Agriculture and Consumer Services pursuant to subparagraphs 3.

and 4.

18331600 The rules required under this subparagraph shall include enforcement procedures applicable to the landowner, discharger, or other responsible person required to implement applicable management strategies, including best management practices or water quality monitoring as a result of noncompliance.

Such(e) Data verification must include a collection and reviewresearch.— of1. The theDepartment bestof managementAgriculture practiceand documentationConsumer fromServices, the previousUniversity 2of yearsFlorida requiredInstitute byof ruleFood adoptedand inAgricultural accordanceSciences, withand subparagraphother (c)2.,state including,universities butand notFlorida limitedCollege to,System nitrogeninstitutions andwith phosphorousagricultural fertilizerresearch applicationprograms records,may whichannually mustdevelop beresearch collectedplans and retainedlegislative pursuantbudget torequests subparagraphsto: (c)3., 4., and 6.

Thea. Evaluate Department of Agriculture and Consumersuggest Servicesenhancements shallto initially prioritize the inspectionexisting ofadopted agricultural producersbest located in the basin management actionpractices plansto forreduce Lakenutrients; Okeechobee, the Indian River Lagoon, the Caloosahatchee River and Estuary, and Silver Springs.

(e) Cooperativeb. Develop agriculturalnew regionalbest watermanagement qualitypractices improvementthat, element.—if 1. Theproven department,effective, the Department of Agriculture and Consumer Services,Services andmay ownersadopt ofby agriculturalrule operationspursuant into theparagraph basin403.067(7)(c); shall develop a cooperative agricultural regional water quality improvement element as part of a basin management action plan only if:

a. Agriculturaland measuresc. Develop haveagricultural beennutrient adoptedreduction byprojects thethat Departmentwilling ofparticipants Agriculturecould andimplement Consumeron Servicesa pursuantsite-specific, cooperative basis, in addition to subparagraphbest (c)2.management practices.

and have been implemented and the waterbody remains impaired;

b. Agricultural nonpoint sources contribute to at least 20 percent of nonpoint source nutrient discharges;

and c. The department determines that additional measures, in combination with state-sponsored regional projects and other management strategies included in the basin management action plan, are necessary to achieve the total maximum daily load.

2. The element will be implemented through the use of cost sharing projects.

The element must include cost-effective and technically and financially practical cooperative regional agricultural nutrient reduction projects that can be implemented on private properties on a site-specific, cooperative basis.

Such cooperative regional agricultural nutrient reduction projects may include land acquisition in fee or conservation easements on the lands of willing sellers and site-specific water quality improvement or dispersed water management projects on the lands of project participants.

3. To qualify for participation in the cooperative agricultural regional water quality improvement element, the participant must have already implemented the interim measures, best management practices, or other measures adopted by the Department of Agriculture and Consumer Services pursuant to subparagraph (c)2.

The element may be included in the basin management action plan as a part of the next 5-year assessment under subparagraph (a)6.

4. The department may submit a legislative budget request to fund projects developed pursuant to this paragraph.

(f) Data collection and research.— 1. The Department of Agriculture and Consumer Services, in cooperation with the University of Florida Institute of Food and Agricultural Sciences and other state universities and Florida College System institutions with agricultural research programs, shall annually develop research plans and legislative budget requests to:

a. Evaluate and suggest enhancements to the existing adopted agricultural best management practices to reduce nutrient runoff;

b. Develop new best management practices that, if proven effective, the Department of Agriculture and Consumer Services may adopt by rule pursuant to subparagraph (c)2.;

and c. Develop agricultural nutrient runoff reduction projects that willing participants could implement on a site-specific, cooperative basis, in addition to best management practices.

These nutrient runoff reduction projects must reduce the nutrient impacts from agricultural operations on water quality when evaluated with the projects and management strategies currently included in the basin management action plan.

2. To be considered for funding, the University of Florida Institute of Food and Agricultural Sciences and other state universities and Florida College System institutions that have agricultural research programs must submit such plans to the department and the Department of Agriculture and Consumer Services by August 1, 2020, for the 2021-2022 fiscal year, and by May 1 forof each subsequent fiscal year.

3. TheSection department10. Section shall403.0673, work with the University of Florida InstituteStatutes, ofis Foodcreated and Agricultural Sciences and regulated entities to considerread: the adoption by rule of best management practices for nutrient impacts from golf courses.

Such adopted best management practices are subject to the requirements of paragraph (c).

Section 14. Section 403.0671, Florida Statutes, is created to read:

403.0671 Basin management action plan wastewater reports.— (1) By July 1, 2021, the department, in coordination with the county health departments, wastewater treatment facilities, and other governmental entities, shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives evaluating the costs of wastewater projects identified in the basin management action plans developed pursuant to ss.

373.807 and 403.067(7) and the onsite sewage treatment and disposal system remediation plans and other restoration plans developed to meet the total maximum daily loads required under s.

403.067.

The report must include:

(a) Projects to:

1. Replace onsite sewage treatment and disposal systems with enhanced nutrient reducing onsite sewage treatment and disposal systems.

2. Install or retrofit onsite sewage treatment and disposal systems with enhanced nutrient reducing technologies.

3. Construct, upgrade, or expand domestic wastewater treatment facilities to meet the wastewater treatment plan required under s.

403.067(7)(a)9.

4. Connect onsite sewage treatment and disposal systems to domestic wastewater treatment facilities;

(b) The estimated costs, nutrient load reduction estimates, and other benefits of each project;

(c) The estimated implementation timeline for each project;

(d) A proposed 5-year funding plan for each project and the source and amount of financial assistance the department, a water management district, or other project partner will make available to fund the project;

and (e) The projected costs of installing enhanced nutrient reducing onsite sewage treatment and disposal systems on buildable lots in priority focus areas to comply with s.

373.811.

(2) By July 1, 2021, the department shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives that provides an assessment of the water quality monitoring being conducted for each basin management action plan implementing a nutrient total maximum daily load.

In developing the report, the department may coordinate with water management districts and any applicable university.

The report must:

(a) Evaluate the water quality monitoring prescribed for each basin management action plan to determine if it is sufficient to detect changes in water quality caused by the implementation of a project.

(b) Identify gaps in water quality monitoring.

(c) Recommend ways to address water quality monitoring needs.

(3) Beginning January 1, 2022, and each January 1 thereafter, the department shall submit to the Office of Economic and Demographic Research the cost estimates for projects required under s.

403.067(7)(a)9.

The office shall include the project cost estimates in its annual assessment conducted pursuant to s.

403.928.

Section 15. Section 403.0673, Florida Statutes, is created to read:

(a) Projects to retrofit onsite sewage treatment and disposal systems to upgrade them to enhanced nutrient-reducing onsite sewage treatment and disposal systems.

(2) In allocating such funds, priority must be given to projects that subsidize the connection of onsite sewage treatment and disposal systems to a wastewater treatment plants.plant.

FirstIn prioritydetermining mustpriorities, bethe givendepartment toshall subsidizeconsider connectionthe toestimated existingreduction infrastructure.in nutrient load per project;

Second priority must be given to any expansion of a collection or transmission system that promotes efficiency by planning the installation of wastewater transmission facilities to be constructed concurrently with other construction projects occurring within or along a transportation facility right-of-way.

Third priority must be given to all other connection of onsite sewage treatment and disposal systems to wastewater treatment plants.

The department shall consider the estimated reduction in nutrient load per project;

Section 16. Section11. Section 403.0855, Florida Statutes, is created to read:

403.0855 Biosolids management.—management.—The (1) The Legislature finds that it is in the best interest of this state to regulate biosolids management in order to minimize the offsite migration of nutrients that impair waterbodies.

The Legislature further finds that the expedited implementation of the recommendations of the Biosolids Technical Advisory Committee, including permitting according to sitesite-specific specific application conditions, an increased inspection rate, groundwater and surface water monitoring protocols, and nutrient management research, will improve biosolids management and assist in protecting this state’s water resources and water quality.

(2) TheThe department shall adopt rules for biosolids management.

(3) EffectiveRules Julyadopted 1,by 2020,the all biosolids application sites must meet department rulespursuant into effectthis atsection thebefore time of the renewal2021 ofregular thelegislative biosolidssession applicationare sitenot permitsubject orto facilitys. permit.

(4) A120.541(3). municipality or county may enforce or extend an ordinance, a regulation, a resolution, a rule, a moratorium, or a policy, any of which was adopted before November 1, 2019, relating to the land application of Class B biosolids until the ordinance, regulation, resolution, rule, moratorium, or policy is repealed by the municipality or county.

(5) TheSection permittee12. Present subsections (7) through (10) of section 403.086, Florida Statutes, are redesignated as subsections (8) through (11), respectively, a biosolidsnew landsubsection application(7) siteis shall:added to that section, and paragraph (c) of subsection (1) and subsection (2) of that section are amended, to read:

(a) Conduct the land application of biosolids in accordance with basin management action plans adopted in accordance with ss.

373.807 and 403.067(7).

(b) Establish a groundwater monitoring program approved by the department for land application sites when:

1. The application rate in the nutrient management plan exceeds more than 160 pounds per acre per year of total plant available nitrogen or 40 pounds per acre per year of total P2O5;

or 2. The soil capacity index is less than 0 mg/kg.

(c) When soil fertility testing indicates the soil capacity index has become less than 0 mg/kg, establish a groundwater monitoring program in accordance with department rules within 1 year of the date of the sampling results.

(d) When groundwater monitoring is not required, allow the department to install groundwater monitoring wells at any time during the effective period of the department-issued facility or land application site permit and conduct monitoring.

(e) Ensure a minimum unsaturated soil depth of 2 feet between the depth of biosolids placement and the water table level at the time the Class A or Class B biosolids are applied to the soil.

Biosolids may not be applied on soils that have a seasonal high-water table less than 15 centimeters from the soil surface or within 15 centimeters of the intended depth of biosolids placement.

As used in this section, the term “seasonal high water” means the elevation to which the ground and surface water may be expected to rise due to a normal wet season.

(f) Be enrolled in the Department of Agriculture and Consumer Service’s Best Management Practices Program or be within an agricultural operation enrolled in the program for the applicable commodity type.

(6) This subsection and subsection (5) are repealed upon the effective date of biosolids rules adopted by the department after July 1, 2020.

Section 17. Present subsections (7) through (10) of section 403.086, Florida Statutes, are redesignated as subsections (8) through (11), respectively, paragraph (d) is added to subsection (1) of that section, a new subsection (7) is added to that section, and paragraph (c) of subsection (1) and subsection (2) of that section are amended, to read:

Joseph Sound, Clearwater Bay, Sarasota Bay, Little Sarasota Bay, Roberts Bay, Lemon Bay, or Charlotte Harbor Bay, or,Indian River Lagoon beginning July 1, 2025, Indian River Lagoon, or into any river, stream, channel, canal, bay, bayou, sound, or other water tributary thereto, without providing advanced waste treatment, as defined in subsection (4), approved by the department.

This paragraph does shall not apply to facilities which were permitted by February 1, 1987, and which discharge secondary treated effluent, followed by water hyacinth treatment, to tributaries of tributaries of the named waters;

(d) By December 31, 2020, the department, in consultation with the water management districts and sewage disposal facilities, shall submit to the Governor, the President of the Senate, and the Speaker of the House of Representatives a progress report on the status of upgrades made by each facility to meet the advanced waste treatment requirements under paragraph (c).

The report must include a list of sewage disposal facilities required to upgrade to advanced waste treatment, the preliminary cost estimates for the upgrades, and a projected timeline of the dates by which the upgrades will begin and be completed and the date by which operations of the upgraded facility will begin.

(7) All facilities for sanitary sewage under subsection (2) which control a collection or transmission system of pipes and pumps to collect and transmit wastewater from domestic or industrial sources to the facility shall take steps to prevent sanitary sewer overflows or underground pipe leaks and ensure that collected wastewaterwaste water reaches the facility for appropriate treatment.

Facilities must use inflow and infiltration studies and leakage surveys to develop pipe assessment, repair, and replacement action plans withthat at least a 5-year planning horizon which comply with department rule to limit, reduce, and eliminate leaks, seepages, or inputs into wastewater treatment systems’ underground pipes.

The facility actionreport plan must include information regarding the annual expenditures dedicated to the inflow and infiltration studies and the required replacement action plans;plans, as well as expenditures that are dedicated to pipe assessment, repair, and replacement.

expendituresThe thatdepartment areshall dedicatedadopt torules piperegarding assessment,the repair,implementation of inflow and replacement;infiltration studies and leakage surveys.

and expenditures designed to limit the presence of fats, roots, oils, and grease in the utility’s collection system.

The department shall adopt rules regarding the implementation of inflow and infiltration studies and leakage surveys;

however, such department rules may not fix or revise utility rates or budgets.

Any entity subject to this subsection and s.

403.061(14) may submit one report to comply with both provisions.

Section 18. Present13. Present subsections (4) through (10) of section 403.087, Florida Statutes, are redesignated as subsections (5) through (11), respectively, and a new subsection (4) is added to that section, to read:

Section 19. Present14. Present subsections (3) and (4) of section 403.088, Florida Statutes, are redesignated as subsections (4) and (5), respectively, a new subsection (3) is added to that section, and paragraph (c) of subsection (2) of that section is amended, to read:

3. Require a deliberate, proactive approach to investigating or surveying a significant percentage of the domestic wastewater collection system throughout the duration of the permit to determine pipe integrity, which must be accomplished in an economically feasible manner.

The report must detail any deviation offrom annual expenditures from identified system needs related to inflow and infiltration studies;

(3) No later than March 1 of each year, the department shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives which identifies all domestic wastewater treatmentutilities facilities that experienced a sanitary sewer overflow in the preceding calendar year.

The report must identify the utility or responsible operating entity name, permittedoperator, capacity in annual average gallons per day, number of overflows, type of water discharged, and total volumequantity of sewagedischarge released,released. and, to the extent known and available, volume of sewage recovered, volume of sewage discharged to surface waters, and cause of the sanitary sewer overflow, including whether caused by a third party.

The department shall include with this report the annual report specified under subparagraphs. (2)(c)3.

403.088(2)(c)3.

Section 20. Subsection15. Subsection (6) of section 403.0891, Florida Statutes, is amended to read:

Section 21. Paragraphs16. Paragraph (b) and (g) of subsection (2),(3) paragraph (b) of subsection (3), and subsection (9) of section 403.121, Florida Statutes, areis amended to read:

(2) Administrative remedies:

(b) If the department has reason to believe a violation has occurred, it may institute an administrative proceeding to order the prevention, abatement, or control of the conditions creating the violation or other appropriate corrective action.

Except for violations involving hazardous wastes, asbestos, or underground injection, the department shall proceed administratively in all cases in which the department seeks administrative penalties that do not exceed $50,000 $10,000 per assessment as calculated in accordance with subsections (3), (4), (5), (6), and (7).

Pursuant to 42 U.S.C.

s.

300g-2, the administrative penalty assessed pursuant to subsection (3), subsection (4), or subsection (5) against a public water system serving a population of more than 10,000 shall be not less than $1,000 per day per violation.

The department shall not impose administrative penalties in excess of $50,000 $10,000 in a notice of violation.

The department shall not have more than one notice of violation seeking administrative penalties pending against the same party at the same time unless the violations occurred at a different site or the violations were discovered by the department subsequent to the filing of a previous notice of violation.

(g) Nothing herein shall be construed as preventing any other legal or administrative action in accordance with law.

Nothing in this subsection shall limit the department’s authority provided in ss.

403.131, 403.141, and this section to judicially pursue injunctive relief.

When the department exercises its authority to judicially pursue injunctive relief, penalties in any amount up to the statutory maximum sought by the department must be pursued as part of the state court action and not by initiating a separate administrative proceeding.

The department retains the authority to judicially pursue penalties in excess of $50,000 $10,000 for violations not specifically included in the administrative penalty schedule, or for multiple or multiday violations alleged to exceed a total of $50,000 $10,000.

The department also retains the authority provided in ss.

403.131, 403.141, and this section to judicially pursue injunctive relief and damages, if a notice of violation seeking the imposition of administrative penalties has not been issued.

The department has the authority to enter into a settlement, either before or after initiating a notice of violation, and the settlement may include a penalty amount different from the administrative penalty schedule.

Any case filed in state court because it is alleged to exceed a total of $50,000 $10,000 in penalties may be settled in the court action for less than $50,000 $10,000.

(b) For failure to obtain a required wastewater permit, other than a permit required for surface water discharge, the department shall assess a penalty of $2,000 $1,000.

For a domestic or industrial wastewater violation not involving a surface water or groundwater quality violation, the department shall assess a penalty of $4,000 $2,000 for an unpermitted or unauthorized discharge or effluent-limitation exceedance or failure to complysurvey withan s.adequate portion of the wastewater collection system and take steps to reduce sanitary sewer overflows, pipe leaks, and inflow and infiltration.

403.061(14)For an unpermitted or s.unauthorized discharge or effluent-limitation exceedance that resulted in a surface water or groundwater quality violation, the department shall assess a penalty of $5,000.

403.086(7)Section or17. Subsection rules(3) adoptedis thereunder.added to section 403.885, Florida Statutes, to read:

For403.885 Water anProjects unpermittedGrant orProgram.— unauthorized(3) The dischargedepartment orshall effluent-limitationgive exceedancefunding thatpriority resultedto ingrant aproposals surfacesubmitted waterby ora groundwaterdomestic qualitywastewater violation,utility thein departmentaccordance shallwith assesss. a penalty of $10,000 $5,000.

(9) The403.1835 administrativewhich penaltiesimplement assessed for any particular violation shall not exceed $10,000 $5,000 against any one violator, unless the violatorrequirements has a history of noncompliance,ss. the economic benefit of the violation as described in subsection (8) exceeds $10,000 $5,000, or there are multiday violations.

The403.086(7) totalor administrative403.088(2)(c). penalties shall not exceed $50,000 $10,000 per assessment for all violations attributable to a specific person in the notice of violation.

Section 22. Subsection18. The (7)Legislature ofdetermines sectionand 403.1835,declares Floridathat Statutes,this isact amendedfulfills toan read:important state interest.

403.1835 WaterSection pollution19. Effective controlJuly financial1, assistance.—2021, (7) Eligiblesubsection projects(5) mustof besection given153.54, priorityFlorida accordingStatutes, to the extent each project is intendedamended to remove,read: mitigate, or prevent adverse effects on surface or ground water quality and public health.

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

The department shall adopt a priority system by rule.

In developing the priority system, the department shall give priority to projects that:

(a) Eliminate public health hazards;

(b) Enable compliance with laws requiring the elimination of discharges to specific water bodies, including the requirements of s.

403.086(10) s.

403.086(9) regarding domestic wastewater ocean outfalls;

(c) Assist in the implementation of total maximum daily loads adopted under s.

403.067;

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

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

(f) Promote reclaimed water reuse;

(g) Eliminate failing onsite sewage treatment and disposal systems or those that are causing environmental damage;

or (h) Reduce pollutants to and otherwise promote the restoration of Florida’s surface and ground waters;.

(i) Implement the requirements of s.

403.086(7) or s.

403.088(2)(c);

or (j) Promote efficiency by planning for the installation of wastewater transmission facilities to be constructed concurrently with other construction projects occurring within or along a transportation facility right-of-way.

Section 23. Paragraph (b) of subsection (3) of section 403.1838, Florida Statutes, is amended to read:

403.1838 Small Community Sewer Construction Assistance Act.— (3) (b) The rules of the Environmental Regulation Commission must:

1. Require that projects to plan, design, construct, upgrade, or replace wastewater collection, transmission, treatment, disposal, and reuse facilities be cost-effective, environmentally sound, permittable, and implementable.

2. Require appropriate user charges, connection fees, and other charges sufficient to ensure the long-term operation, maintenance, and replacement of the facilities constructed under each grant.

3. Require grant applications to be submitted on appropriate forms with appropriate supporting documentation, and require records to be maintained.

4. Establish a system to determine eligibility of grant applications.

5. Establish a system to determine the relative priority of grant applications.

The system must consider public health protection and water pollution prevention or abatement and must prioritize projects that plan for the installation of wastewater transmission facilities to be constructed concurrently with other construction projects occurring within or along a transportation facility right-of-way.

6. Establish requirements for competitive procurement of engineering and construction services, materials, and equipment.

7. Provide for termination of grants when program requirements are not met.

Section 24. Subsection (9) is added to section 403.412, Florida Statutes, to read:

403.412 Environmental Protection Act.— (9)(a) A local government regulation, ordinance, code, rule, comprehensive plan, charter, or any other provision of law may not recognize or grant any legal rights to a plant, an animal, a body of water, or any other part of the natural environment that is not a person or political subdivision as defined in s.

1.01(8) or grant such person or political subdivision any specific rights relating to the natural environment not otherwise authorized in general law or specifically granted in the State Constitution.

(b) This subsection does not limit the power of an adversely affected party to challenge the consistency of a development order with a comprehensive plan as provided in s.

163.3215 or to file an action for injunctive relief to enforce the terms of a development agreement or challenge compliance of the agreement as provided in s.

163.3243.

(c) This subsection does not limit the standing of the Department of Legal Affairs, a political subdivision or municipality of the state, or a citizen of the state to maintain an action for injunctive relief as provided in this section.

Section 25. The Legislature determines and declares that this act fulfills an important state interest.

Section 26. Effective July 1, 2021, subsection (5) of section 153.54, Florida Statutes, is amended to read:

24471888 Such report shall be filed in the office of the clerk of the circuit court and shall be open for the inspection of any taxpayer, property owner, qualified elector or any other interested or affected person.

Section 27. Effective20. Effective July 1, 2021, paragraph (c) of subsection (2) of section 153.73, Florida Statutes, is amended to read:

Section 28. Effective21. Effective July 1, 2021, subsection (2) of section 163.3180, Florida Statutes, is amended to read:

Section 29. Effective22. Effective July 1, 2021, subsection (3) of section 180.03, Florida Statutes, is amended to read:

Section 30. Subsections23. Subsections (2), (3), and (6) of section 311.105, Florida Statutes, are amended to read:

Section 31. Paragraph24. Paragraph (d) of subsection (1) of section 327.46, Florida Statutes, is amended to read:

Section 32. Paragraph25. Paragraph (d) of subsection (3) of section 373.250, Florida Statutes, is amended to read:

Section 33. Subsection26. Subsection (9) of section 373.414, Florida Statutes, is amended to read:

Section 34. Paragraph27. Paragraph (b) of subsection (4) of section 373.705, Florida Statutes, is amended to read:

Section 35. Paragraph28. Paragraph (f) of subsection (8) of section 373.707, Florida Statutes, is amended to read:

Section 36. Subsection29. Subsection (4) of section 373.709, Florida Statutes, is amended to read:

Section 37. Effective30. Paragraph July(k) 1,of 2021, subsection (3)(1) of section 373.807,376.307, Florida Statutes, is amended to read:

373.807 Protection of water quality in Outstanding Florida Springs.—By July 1, 2016, the department shall initiate assessment, pursuant to s.

403.067(3), of Outstanding Florida Springs or spring systems for which an impairment determination has not been made under the numeric nutrient standards in effect for spring vents.

Assessments must be completed by July 1, 2018.

(3) As part of a basin management action plan that includes an Outstanding Florida Spring, the department, the Department of Health, relevant local governments, and relevant local public and private wastewater utilities shall develop an onsite sewage treatment and disposal system remediation plan for a spring if the department determines onsite sewage treatment and disposal systems within a priority focus area contribute at least 20 percent of nonpoint source nitrogen pollution or if the department determines remediation is necessary to achieve the total maximum daily load.

The plan shall identify cost-effective and financially feasible projects necessary to reduce the nutrient impacts from onsite sewage treatment and disposal systems and shall be completed and adopted as part of the basin management action plan no later than the first 5-year milestone required by subparagraph (1)(b)8.

The department is the lead agency in coordinating the preparation of and the adoption of the plan.

The department shall:

(a) Collect and evaluate credible scientific information on the effect of nutrients, particularly forms of nitrogen, on springs and springs systems;

and (b) Develop a public education plan to provide area residents with reliable, understandable information about onsite sewage treatment and disposal systems and springs.

2740 In addition to the requirements in s.

403.067, the plan shall include options for repair, upgrade, replacement, drainfield modification, addition of effective nitrogen reducing features, connection to a central sewerage system, or other action for an onsite sewage treatment and disposal system or group of systems within a priority focus area that contribute at least 20 percent of nonpoint source nitrogen pollution or if the department determines remediation is necessary to achieve a total maximum daily load.

For these systems, the department shall include in the plan a priority ranking for each system or group of systems that requires remediation and shall award funds to implement the remediation projects contingent on an appropriation in the General Appropriations Act, which may include all or part of the costs necessary for repair, upgrade, replacement, drainfield modification, addition of effective nitrogen reducing features, initial connection to a central sewerage system, or other action.

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

The department may waive matching funding requirements for proposed projects within an area designated as a rural area of opportunity under s.

288.0656.

Section 38. Paragraph (k) of subsection (1) of section 376.307, Florida Statutes, is amended to read:

Section 39. Paragraph31. Paragraph (i) of subsection (2), paragraph (b) of subsection (4), paragraph (j) of subsection (7), and paragraph (a) of subsection (9) of section 380.0552, Florida Statutes, are amended to read:

Section 40. Effective32. Effective July 1, 2021, subsections (7) and (18) of section 381.006, Florida Statutes, are amended to read:

28782264 The department may adopt rules to carry out the provisions of this section.

Section 41. Effective33. Effective July 1, 2021, subsection (1) of section 381.0061, Florida Statutes, is amended to read:

Section 42. Effective34. Effective July 1, 2021, subsection (1) of section 381.0064, Florida Statutes, is amended to read:

Section 43. Effective35. Effective July 1, 2021, paragraph (d) of subsection (7), subsection (8), and paragraphs (b), (c), and (d) of subsection (9) of section 381.00651, Florida Statutes, are amended to read:

Section 44. Effective36. Section July403.08601, 1, 2021, paragraph (g) of subsection (1) of section 381.0101, Florida Statutes, is amended to read:

381.0101 Environmental health professionals.— (1) DEFINITIONS.—As used in this section:

(g) “Primary environmental health program” means those programs determined by the department to be essential for providing basic environmental and sanitary protection to the public.

At a minimum, these programs shall include food protection program work and onsite sewage treatment and disposal system evaluations.

Section 45. Section 403.08601, Florida Statutes, is amended to read:

Section 46. Section37. Section 403.0871, Florida Statutes, is amended to read:

Section 47. Paragraph38. Paragraph (a) of subsection (11) of section 403.0872, Florida Statutes, is amended to read:

Section 48. Paragraph39. Subsection (d)(7) of subsection (3) of section 403.707,403.1835, Florida Statutes, is amended to read:

403.1835 Water pollution control financial assistance.— (7) Eligible projects must be given priority according to the extent each project is intended to remove, mitigate, or prevent adverse effects on surface or ground water quality and public health.

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

The department shall adopt a priority system by rule.

In developing the priority system, the department shall give priority to projects that:

(a) Eliminate public health hazards;

(b) Enable compliance with laws requiring the elimination of discharges to specific water bodies, including the requirements of s.

403.086(10) s.

403.086(9) regarding domestic wastewater ocean outfalls;

(c) Assist in the implementation of total maximum daily loads adopted under s.

403.067;

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

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

(f) Promote reclaimed water reuse;

(g) Eliminate failing onsite sewage treatment and disposal systems or those that are causing environmental damage;

or (h) Reduce pollutants to and otherwise promote the restoration of Florida’s surface and ground waters.

Section 40. Paragraph (d) of subsection (3) of section 403.707, Florida Statutes, is amended to read:

Section 49. Subsections41. Subsections (8) and (21) of section 403.861, Florida Statutes, are amended to read:

Section 50. Effective42. Effective July 1, 2021, subsection (1) of section 489.551, Florida Statutes, is amended to read:

Section 51. Paragraph43. Paragraph (b) of subsection (10) of section 590.02, Florida Statutes, is amended to read:

Section 52. The44. The Division of Law Revision is directed to replace the phrase “before“adoption of the rules identified in paragraph (e)(e)” take effect” as it is used in the amendment made by this act to s.

381.0065(4)(f),381.0065, Florida Statutes, with the date such rules are adopted, as provided by the Department of Environmental Protection pursuant to s.

Section 53. Except45. Except as otherwise expressly provided in this act,act this act shall take effect July 1, 2020.