Bill Text: FL S1758 | 2019 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Water Quality Improvements
Spectrum: Bipartisan Bill
Status: (Failed) 2019-05-03 - Died in Appropriations [S1758 Detail]
Download: Florida-2019-S1758-Introduced.html
Bill Title: Water Quality Improvements
Spectrum: Bipartisan Bill
Status: (Failed) 2019-05-03 - Died in Appropriations [S1758 Detail]
Download: Florida-2019-S1758-Introduced.html
Florida Senate - 2019 SB 1758 By Senator Mayfield 17-01347-19 20191758__ 1 A bill to be entitled 2 An act relating to water quality improvements; 3 providing a short title; transferring the onsite 4 sewage program of the Department of Health to the 5 Department of Environmental Protection by a type two 6 transfer; amending s. 373.807, F.S.; revising the 7 requirements for a basin management action plan for an 8 Outstanding Florida Spring; prohibiting a local 9 government from approving building permits within the 10 plan area under certain circumstances; providing 11 penalties; requiring the Department of Environmental 12 Protection, in consultation with the Department of 13 Agriculture and Consumer Services, to develop an 14 agricultural remediation plan as part of each basin 15 management action plan under certain circumstances; 16 requiring such plans to be adopted by a specified 17 date; creating s. 381.00661, F.S.; establishing a 18 wastewater grant program within the Department of 19 Environmental Protection; authorizing the department 20 to distribute appropriated funds for certain projects; 21 providing requirements for the distribution; requiring 22 the department to coordinate with each water 23 management district to identify grant recipients; 24 requiring an annual report to the Governor and the 25 Legislature by a specified date; amending s. 403.067, 26 F.S.; revising requirements for a basin management 27 action plan; requiring estimated nutrient load 28 reductions in such plans to exceed a specified amount; 29 requiring each local government to develop a 30 wastewater treatment plan that meets certain 31 requirements; prohibiting a local government that does 32 not meet certain requirements relating to wastewater 33 treatment plant project plans or onsite sewage 34 treatment and disposal system remediation plans from 35 approving any building permits within a specified 36 timeframe; prohibiting the department from approving 37 any onsite sewage treatment and disposal system within 38 such an area for a specified timeframe; providing 39 penalties; defining the term “onsite sewage treatment 40 and disposal system”; requiring a local government to 41 create an onsite sewage treatment and disposal system 42 remediation plan as part of the basin management 43 action plan under certain circumstances; providing 44 requirements for such plan; providing requirements for 45 a restoration plan for certain water bodies; creating 46 s. 403.0771, F.S.; requiring a wastewater treatment 47 plant to notify customers of unlawful discharges of 48 raw or partially treated sewage into any waterway or 49 aquifer within a specified timeframe; prohibiting a 50 local government that owns such a plant from approving 51 any building permits within a specified timeframe; 52 prohibiting the department from approving any onsite 53 sewage treatment and disposal system within such an 54 area for a specified timeframe; providing penalties; 55 amending s. 403.086, F.S.; prohibiting facilities for 56 sanitary sewage disposal from disposing of any waste 57 in the Indian River Lagoon without first providing 58 advanced waste treatment; amending s. 403.9337, F.S.; 59 providing penalties for a local government that fails 60 to adopt, enact, and implement a specified ordinance; 61 requiring the department to revise the basin 62 management action plan for Indian River Lagoon and 63 other specified basin management action plans by a 64 specified date; authorizing the department to grant an 65 extension to a local government upon a showing of good 66 cause; amending ss. 153.54, 153.73, 163.3180, 373.811, 67 381.006, 381.0061, 381.0064, 381.0065, 381.00651, and 68 381.0068, F.S.; conforming provisions and cross 69 references to changes made by the act; providing 70 effective dates. 71 72 Be It Enacted by the Legislature of the State of Florida: 73 74 Section 1. This act may be cited as the “Clean Waterways 75 Act.” 76 Section 2. All powers, duties, functions, records, offices, 77 personnel, associated administrative support positions, 78 property, pending issues, existing contracts, administrative 79 authority, administrative rules, and unexpended balances of 80 appropriations, allocations, and other funds for the regulation 81 of onsite sewage treatment and disposal systems and relating to 82 the onsite sewage program of the Department of Health are 83 transferred by a type two transfer, as defined in s. 20.06(2), 84 Florida Statutes, to the Department of Environmental Protection. 85 Section 3. Section 373.807, Florida Statutes, is amended to 86 read: 87 373.807 Protection of water quality in Outstanding Florida 88 Springs.—By July 1, 2016, the department shall initiate 89 assessment, pursuant to s. 403.067(3), of Outstanding Florida 90 Springs or spring systems for which an impairment determination 91 has not been made under the numeric nutrient standards in effect 92 for spring vents. Assessments must be completed by July 1, 2018. 93 (1)(a) Concurrent with the adoption of a nutrient total 94 maximum daily load for an Outstanding Florida Spring, the 95 department, or the department in conjunction with a water 96 management district, shall initiate development of a basin 97 management action plan, as specified in s. 403.067. For an 98 Outstanding Florida Spring with a nutrient total maximum daily 99 load adopted before July 1, 2016, the department, or the 100 department in conjunction with a water management district, 101 shall initiate development of a basin management action plan by 102 July 1, 2016. During the development of a basin management 103 action plan, if the department identifies onsite sewage 104 treatment and disposal systems as contributors of at least 20 105 percent of nonpoint source nutrientnitrogenpollution or if the 106 department determines remediation is necessary to achieve the 107 total maximum daily load, the basin management action plan shall 108 include an onsite sewage treatment and disposal system 109 remediation plan pursuant to s. 403.067(7)(e)subsection (3)for 110 those systems identified as requiring remediation. 111 (b) A basin management action plan for an Outstanding 112 Florida Spring shall be adopted within 2 years after its 113 initiation and must include, at a minimum: 114 1. A list of all specific projects and programs identified 115 to implement a nutrient total maximum daily load; 116 2. A list of all specific projects identified in any 117 incorporated onsite sewage treatment and disposal system 118 remediation plan, if applicable; 119 3. A priority rank for each listed project. The priority 120 ranking shall be based on the estimated reduction in nutrient 121 load per project, project readiness, cost effectiveness, overall 122 environmental benefit, location within the plan area, local 123 matching funds, and water savings or quantity improvements; 124 4. For each listed project, a planning level cost estimate, 125andthe estimated date of completion, and a plan submitted by 126 each local government within the plan area and approved by the 127 department for each wastewater treatment plant project as 128 specified in s. 403.067(7)(d) and onsite sewage treatment and 129 disposal system remediation plan as specified in s. 130 403.067(7)(e). Each plan must include deadlines and is subject 131 to penalties required under s. 403.067; 132 5. The source and amount of financial assistance to be made 133 available by the department, a water management district, or 134 other entity for each listed project; 135 6. An estimate of each listed project’s nutrient load 136 reduction; 137 7. Identification of each point source or category of 138 nonpoint sources, including, but not limited to, urban turf 139 fertilizer, sports turf fertilizer, agricultural fertilizer, 140 onsite sewage treatment and disposal systems, wastewater 141 treatment plantsfacilities, animal wastes, and stormwater 142 facilities. An estimated allocation of the pollutant load must 143 be provided for each point source or category of nonpoint 144 sources; and 145 8. An implementation plan designed with a target to achieve 146 the nutrient total maximum daily load no more than 20 years 147 after the adoption of a basin management action plan. 148 149 The estimated nutrient load reductions in each basin management 150 action plan developed pursuant to this paragraph must exceed the 151 total amount of nutrient load reductions needed to meet the 152 total maximum daily load required under the plan. The department 153 shall develop a schedule establishing 5-year, 10-year, and 15 154 year targets for achieving the nutrient total maximum daily 155 load. The schedule shall be used to provide guidance for 156 planning and funding purposes and is exempt from chapter 120. 157 (c) For a basin management action plan adopted before July 158 1, 2016, which addresses an Outstanding Florida Spring, the 159 department or the department in conjunction with a water 160 management district must revise the plan if necessary to comply 161 with this section by July 1, 2018. 162 (d) A local government may apply to the department for a 163 single extension of up to 5 years for any project in an adopted 164 basin management action plan. A local government in a rural area 165 of opportunity, as defined in s. 288.0656, may apply for a 166 single extension of up to 10 years for such a project. The 167 department may grant the extension if the local government 168 provides to the department sufficient evidence that an extension 169 is in the best interest of the public. 170 (2) By July 1, 20202017, each local government, as defined 171 in s. 373.802(2), that has not adopted an ordinance pursuant to 172 s. 403.9337, shall develop, enact, and implement an ordinance 173 pursuant to that section. It is the intent of the Legislature 174 that ordinances required to be adopted under this subsection 175 reflect the latest scientific information, advancements, and 176 technological improvements in the industry. A local government 177 that fails to adopt, enact, and implement this ordinance is 178 subject to a daily fine as provided in ss. 403.121, 403.141, and 179 403.161 and may not approve any building permits within the plan 180 area until such time as the ordinance has been adopted, enacted, 181 and implemented. 182 (3) As part of each basin management action plan that 183 includes an Outstanding Florida Spring, the department, in 184 coordination with the Department of Agriculture and Consumer 185 Services, shall develop an agricultural remediation plan if the 186 department determines that agricultural nonpoint sources, 187 including, but not limited to, fertilizer and animal wastes, 188 contribute at least 20 percent of nonpoint source nutrient 189 pollution. The plan must identify cost-effective and financially 190 feasible projects, including, if applicable, advanced best 191 management practices and land acquisition projects, including 192 conservation easements, to reduce the nutrient impacts from 193 agricultural operations. The department is the lead agency in 194 coordinating the preparation of and the adoption of the plan. 195 The Department of Agriculture and Consumer Services is the lead 196 agency in developing and adopting advanced best management 197 practices capable of achieving the total maximum daily load and 198 shall develop and adopt such practices for incorporation into 199 the plan. The plan must be adopted as part of the basin 200 management action plan by July 1, 2021. 201(3)As part of a basin management action plan that includes202an Outstanding Florida Spring, the department, the Department of203Health, relevant local governments, and relevant local public204and private wastewater utilities shall develop an onsite sewage205treatment and disposal system remediation plan for a spring if206the department determines onsite sewage treatment and disposal207systems within a priority focus area contribute at least 20208percent of nonpoint source nitrogen pollution or if the209department determines remediation is necessary to achieve the210total maximum daily load. The plan shall identify cost-effective211and financially feasible projects necessary to reduce the212nutrient impacts from onsite sewage treatment and disposal213systems and shall be completed and adopted as part of the basin214management action plan no later than the first 5-year milestone215required by subparagraph (1)(b)8. The department is the lead216agency in coordinating the preparation of and the adoption of217the plan. The department shall:218(a)Collect and evaluate credible scientific information on219the effect of nutrients, particularly forms of nitrogen, on220springs and springs systems; and221(b)Develop a public education plan to provide area222residents with reliable, understandable information about onsite223sewage treatment and disposal systems and springs.224 225In addition to the requirements in s. 403.067, the plan shall226include options for repair, upgrade, replacement, drainfield227modification, addition of effectivenitrogen reducing features,228connection to a central sewerage system, or other action for an229onsite sewage treatment and disposal system or group of systems230within a priority focus area that contribute at least 20 percent231of nonpoint source nitrogen pollution or if the department232determines remediation is necessary to achieve a total maximum233daily load. For these systems, the department shall include in234the plan a priority ranking for each system or group of systems235that requires remediation and shall award funds to implement the236remediation projects contingent on an appropriation in the237General Appropriations Act, which may include all or part of the238costs necessary for repair, upgrade, replacement, drainfield239modification, addition of effective nitrogen reducing features,240initial connection to a central sewerage system, or other241action. In awarding funds, the department may consider expected242nutrient reduction benefit per unit cost, size and scope of243project, relative local financial contribution to the project,244and the financial impact on property owners and the community.245The department may waive matching funding requirements for246proposed projects within an area designated as a rural area of247opportunity under s. 288.0656.248 (4) The department shall provide notice to a local 249 government of all permit applicants under s. 403.814(12) in a 250 priority focus area of an Outstanding Florida Spring over which 251 the local government has full or partial jurisdiction. 252 Section 4. Section 381.00661, Florida Statutes, is created 253 to read: 254 381.00661 Wastewater grant program.—A wastewater grant 255 program is established within the Department of Environmental 256 Protection. 257 (1) Subject to appropriation, the department may provide 258 grants for projects that will individually or collectively 259 reduce excess nutrient pollution for projects within a basin 260 management action plan or an alternative restoration plan 261 adopted by final order for all of the following: 262 (a) Projects to retrofit onsite sewage treatment and 263 disposal systems. 264 (b) Projects to construct, upgrade, or expand facilities to 265 provide advanced waste treatment, as defined in ss. 403.086(4). 266 (c) Projects to connect onsite sewage treatment and 267 disposal systems to central sewer facilities. 268 (2) In making an allocation of such funds, priority shall 269 be given for projects that subsidize the connection of onsite 270 sewage treatment and disposal systems to a wastewater treatment 271 plant or that subsidize inspections and assessments of onsite 272 sewage treatment and disposal systems. 273 (3) Each grant for a project described in subsection (1) 274 must require a minimum of 50 percent local matching funds. 275 However, the department may, at its discretion, totally or 276 partially waive this consideration of the local contribution for 277 proposed projects within an area designated as a rural area of 278 opportunity under s. 288.0656. 279 (4) The department shall coordinate with each water 280 management district, as necessary, to identify grant recipients 281 in each district. 282 (5) Beginning January 1, 2020, and each January 1 283 thereafter, the department shall submit a report regarding the 284 projects funded pursuant to this section to the Governor, the 285 President of the Senate, and the Speaker of the House of 286 Representatives. 287 Section 5. Present paragraph (d) of subsection (7) of 288 section 403.067, Florida Statutes, is redesignated as paragraph 289 (f), a new paragraph (d) and paragraphs (e) and (g) are added to 290 that subsection, and paragraph (a) of that subsection is 291 amended, to read: 292 403.067 Establishment and implementation of total maximum 293 daily loads.— 294 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND 295 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.— 296 (a) Basin management action plans.— 297 1. In developing and implementing the total maximum daily 298 load for a water body, the department, or the department in 299 conjunction with a water management district, may develop a 300 basin management action plan that addresses some or all of the 301 watersheds and basins tributary to the water body. Such plan 302 must integrate the appropriate management strategies available 303 to the state through existing water quality protection programs 304 to achieve the total maximum daily loads and may provide for 305 phased implementation of these management strategies to promote 306 timely, cost-effective actions as provided for in s. 403.151. 307 The plan must establish a schedule implementing the management 308 strategies, provide detailed information for improvement 309 projects including descriptions and timelines for completion, 310 establish a basis for evaluating the plan’s effectiveness, and 311 identify feasible funding strategies for implementing the plan’s 312 management strategies. The management strategies may include 313 regional treatment systems or other public works, where 314 appropriate, and voluntary trading of water quality credits to 315 achieve the needed pollutant load reductions. 316 2. A basin management action plan must equitably allocate, 317 pursuant to paragraph (6)(b), pollutant reductions to individual 318 basins, as a whole to all basins, or to each identified point 319 source or category of nonpoint sources, as appropriate. For 320 nonpoint sources for which best management practices have been 321 adopted, the initial requirement specified by the plan must be 322 those practices developed pursuant to paragraph (c). Where 323 appropriate, the plan may take into account the benefits of 324 pollutant load reduction achieved by point or nonpoint sources 325 that have implemented management strategies to reduce pollutant 326 loads, including best management practices, before the 327 development of the basin management action plan. The plan must 328 also identify the mechanisms that will address potential future 329 increases in pollutant loading. 330 3. The basin management action planning process is intended 331 to involve the broadest possible range of interested parties, 332 with the objective of encouraging the greatest amount of 333 cooperation and consensus possible. In developing a basin 334 management action plan, the department shall assure that key 335 stakeholders, including, but not limited to, applicable local 336 governments, water management districts, the Department of 337 Agriculture and Consumer Services, other appropriate state 338 agencies, local soil and water conservation districts, 339 environmental groups, regulated interests, and affected 340 pollution sources, are invited to participate in the process. 341 The department shall hold at least one public meeting in the 342 vicinity of the watershed or basin to discuss and receive 343 comments during the planning process and shall otherwise 344 encourage public participation to the greatest practicable 345 extent. Notice of the public meeting must be published in a 346 newspaper of general circulation in each county in which the 347 watershed or basin lies not less than 5 days nor more than 15 348 days before the public meeting. A basin management action plan 349 does not supplant or otherwise alter any assessment made under 350 subsection (3) or subsection (4) or any calculation or initial 351 allocation. 352 4. Each new or revised basin management action plan shall 353 include: 354 a. The appropriate management strategies available through 355 existing water quality protection programs to achieve total 356 maximum daily loads, which may provide for phased implementation 357 to promote timely, cost-effective actions as provided for in s. 358 403.151; 359 b. A description of best management practices adopted by 360 rule; 361 c. A list of projects in priority ranking with a planning 362 level cost estimate and estimated date of completion for each 363 listed project. The priority ranking shall be based on the 364 estimated reduction in nutrient load per project, project 365 readiness, cost effectiveness, overall environmental benefit, 366 location within the plan area, local matching funds, and water 367 savings or quantity improvements; 368 d. The source and amount of financial assistance to be made 369 available by the department, a water management district, or 370 other entity for each listed project, if applicable;and371 e. A planning-level estimate of each listed project’s 372 expected nutrient load reduction, if applicable; and 373 f. Identification of each point source or category of 374 nonpoint sources, including, but not limited to, urban turf 375 fertilizer, sports turf fertilizer, agricultural fertilizer, 376 onsite sewage treatment and disposal systems, wastewater 377 treatment plants, animal wastes, and stormwater facilities. An 378 estimated allocation of the pollutant load must be provided for 379 each point source or category of nonpoint sources. 380 381 The estimated nutrient load reductions in each basin management 382 action plan developed pursuant to this subparagraph must exceed 383 the total amount of nutrient load reductions needed to meet the 384 total maximum daily load required under the plan. 385 5. The department shall adopt all or any part of a basin 386 management action plan and any amendment to such plan by 387 secretarial order pursuant to chapter 120 to implement the 388 provisions of this section. 389 6. The basin management action plan must include milestones 390 for implementation and water quality improvement, and an 391 associated water quality monitoring component sufficient to 392 evaluate whether reasonable progress in pollutant load 393 reductions is being achieved over time. An assessment of 394 progress toward these milestones shall be conducted every 5 395 years, and revisions to the plan shall be made as appropriate. 396 Revisions to the basin management action plan shall be made by 397 the department in cooperation with basin stakeholders. Revisions 398 to the management strategies required for nonpoint sources must 399 follow the procedures set forth in subparagraph (c)4. Revised 400 basin management action plans must be adopted pursuant to 401 subparagraph 5. 402 7. In accordance with procedures adopted by rule under 403 paragraph (9)(c), basin management action plans, and other 404 pollution control programs under local, state, or federal 405 authority as provided in subsection (4), may allow point or 406 nonpoint sources that will achieve greater pollutant reductions 407 than required by an adopted total maximum daily load or 408 wasteload allocation to generate, register, and trade water 409 quality credits for the excess reductions to enable other 410 sources to achieve their allocation; however, the generation of 411 water quality credits does not remove the obligation of a source 412 or activity to meet applicable technology requirements or 413 adopted best management practices. Such plans must allow trading 414 between NPDES permittees, and trading that may or may not 415 involve NPDES permittees, where the generation or use of the 416 credits involve an entity or activity not subject to department 417 water discharge permits whose owner voluntarily elects to obtain 418 department authorization for the generation and sale of credits. 419 8. The provisions of the department’s rule relating to the 420 equitable abatement of pollutants into surface waters do not 421 apply to water bodies or water body segments for which a basin 422 management plan that takes into account future new or expanded 423 activities or discharges has been adopted under this section. 424 (d) Wastewater treatment plan.— 425 1. As part of a basin management action plan, each local 426 government, in cooperation with the department and relevant 427 local public and private wastewater utilities, shall develop a 428 plan to implement improvements that provide, at a minimum, 429 advanced waste treatment, as defined in s. 403.086(4). The plan 430 must provide for construction, expansion, or upgrades necessary 431 to achieve a total maximum daily load, consistent with an onsite 432 sewage treatment and disposal system remediation plan under 433 paragraph (e). 434 2. Each owner or operator of an existing wastewater 435 treatment plant shall provide certain information for each plant 436 that has a plan to implement upgrades that meet or exceed 437 advanced waste treatment, as defined in s. 403.086(4). This 438 information must include the following as it relates to existing 439 conditions and estimated conditions after upgrades are 440 implemented: 441 a. The permitted capacity of the plant, in gallons per day; 442 b. The average nutrient concentration; and 443 c. The estimated average nutrient load. 444 3.a. The local government shall submit to the department 445 for approval a detailed plan, which includes: 446 (I) The timeline of dates required for the commencement of 447 construction of any improvements, completion of each stage of 448 construction, and the commencement of operations; 449 (II) A detailed planning and design report setting forth 450 the plan for construction of improvements and operations; and 451 (III) A certification that the local government, in 452 agreement with the owner or operator, has approved the method of 453 implementing upgrades and method of financing or funding 454 construction and operation. 455 b. The department may amend the plan and shall approve a 456 final plan. The department shall provide technical support upon 457 request by a local government. An existing wastewater treatment 458 plant must also incorporate the plan into its next NPDES permit 459 renewal. 460 c. Each new wastewater treatment plant located within the 461 plan area shall comply with the requirements and approved dates 462 in the basin management action plan. Each existing wastewater 463 treatment plant located within the plan area shall comply with 464 the requirements and approved dates in the basin management 465 action plan no later than the next 5-year renewal date of the 466 NPDES permit. Upon a showing of good cause, the department may 467 grant an extension of time to the local government to reach 468 compliance with the schedule. 469 d. If the deadlines for the initiation of construction of 470 improvements, completion of construction, and commencement of 471 operations which were approved pursuant to this subparagraph are 472 not satisfied, each local government with a wastewater treatment 473 plant that does not meet the requirements in this subparagraph 474 may not approve any building permits within the plan area, and 475 the department may not approve any onsite sewage treatment and 476 disposal systems in the plan area where the wastewater treatment 477 plant is located until such time as the plant is brought into 478 compliance. In addition, the department shall, unless good cause 479 is shown, assess penalties pursuant to ss. 403.121, 403.141, and 480 403.161 until such time as the plant is brought into compliance. 481 The department may reduce penalties based on expenditures for 482 improvements and upgrades to the wastewater treatment plant. 483 (e) Onsite sewage treatment and disposal systems.— 484 1. For purposes of this paragraph, the term “onsite sewage 485 treatment and disposal system” has the same meaning as in s. 486 381.0065. 487 2.a. As part of a basin management action plan, each local 488 government, in cooperation with the department and relevant 489 local public and private wastewater utilities, shall develop an 490 onsite sewage treatment and disposal system remediation plan if 491 the department identifies onsite sewage treatment and disposal 492 systems as contributors of at least 20 percent of nonpoint 493 source nutrient pollution or if the department determines that 494 remediation is necessary to achieve a total maximum daily load. 495 In order to promote cost-effective remediation, the department 496 may identify one or more priority focus areas. The department 497 shall identify these areas by considering soil conditions; 498 groundwater or surface water travel time; proximity to surface 499 waters, including predominantly marine waters as defined by 500 department rule; hydrogeology; onsite system density; nutrient 501 load; and other factors that may lead to water quality 502 degradation. The remediation plan must identify cost-effective 503 and financially feasible projects necessary to reduce the 504 nutrient impacts from onsite sewage treatment and disposal 505 systems. The plan shall be completed and adopted as part of the 506 basin management action plan no later than the first 5-year 507 milestone assessment identified in subparagraph (a)6. or as 508 required in s. 373.807(1)(b)8., for Outstanding Florida Springs. 509 The department is responsible for timely approval and adoption 510 of the plan. For basin management action plans not governed by 511 part VIII of chapter 373, a priority focus area means the area 512 or areas of a basin where the groundwater is generally most 513 vulnerable to pollutant inputs where there is a known 514 connectivity between groundwater pathways and an impaired water 515 body, as determined by the department in consultation with the 516 appropriate water management districts and delineated in a basin 517 management action plan. 518 b.(I) Each local government within the plan area, or the 519 local government’s designee, shall prepare a plan, by the first 520 5-year milestone assessment required under subparagraph (a)6., 521 or as required in s. 373.807(1)(b)8. for Outstanding Florida 522 Springs, for its jurisdiction that provides for either 523 connecting each onsite sewage treatment and disposal system to a 524 central wastewater treatment plant or replacing the current 525 system with a new system where the discharge meets current water 526 quality standards and which has a discharge monitoring system. 527 The local government shall submit to the department for 528 approval, a detailed plan, which includes: 529 (A) The timeline of dates required for the commencement of 530 construction of any improvements, completion of each stage of 531 construction, and the commencement of operations; 532 (B) A detailed planning and design report setting forth the 533 plan for construction of improvements and operations; 534 (C) A certification that the local government, in agreement 535 with the owner or operator, has approved the method of 536 remediation and method of financing or funding construction and 537 operation. 538 (II) The department may amend the plan and shall approve a 539 final plan. The department shall provide technical support upon 540 request by a local government. Upon a showing of good cause, the 541 department may grant an extension of time to reach compliance 542 with the schedule. 543 (III) If the deadlines for the initiation of construction 544 of improvements, completion of construction, and commencement of 545 operations that were approved pursuant to this subsection are 546 not satisfied, the local government may not approve any building 547 permits within the plan area, and the department may not approve 548 any onsite sewage treatment and disposal system within the plan 549 area until the actions in the remediation plan have been 550 completed. In addition, the department shall, unless good cause 551 is shown, assess penalties pursuant to ss. 403.121, 403.141, and 552 403.161 until the actions in the remediation plan have been 553 completed. The department may reduce penalties based on 554 expenditures designed to achieve compliance with the remediation 555 plan. 556 c. In developing and adopting the plan, the department 557 shall: 558 (I) Collect and evaluate credible scientific information on 559 the effect of nutrients on surface waters and groundwater; 560 (II) Work with local stakeholders to develop a public 561 education plan to provide area residents with reliable, 562 understandable information about onsite sewage treatment and 563 disposal systems and surface and groundwater pollution; 564 (III) In addition to sub-subparagraph 2.b., the department 565 may include in the plan, if appropriate, options for system 566 repair, upgrade, or replacement; drainfield modification; the 567 addition of effective nutrient-reducing features; or other 568 actions addressing onsite sewage treatment and disposal system 569 issues. The department shall include in the plan a priority 570 ranking for each onsite system, or group of systems, that 571 requires remediation. The priority ranking shall be used to 572 ensure the most effective, efficient use of the funding provided 573 for onsite system remediation. In awarding any such funds, the 574 department may consider expected nutrient reduction benefit per 575 unit cost, the size and scope of the project, local financial 576 contribution to the project relative to the overall cost, and the 577 financial impact on property owners and the community. For the 578 purpose of awarding funds, the department may, at its discretion, 579 totally or partially waive this consideration of the local 580 contribution for proposed projects within an area designated as a 581 rural area of opportunity under s. 288.0656; and 582 (IV) The installation, repair, modification, or upgrade of 583 onsite sewage treatment and disposal systems on lots of 1 acre or 584 less and within the boundaries of a basin management action plan 585 with an onsite sewage treatment and disposal remediation plan 586 must conform to the requirements of the remediation plan. 587 (g) Alternative restoration plan.— 588 1. To demonstrate that the department can forgo placing a 589 water body on the verified impaired water bodies list and 590 establishing a total maximum daily load, the restoration plan 591 for a water body must establish: 592 a. The implementation of best management practices or 593 monitoring for nonpoint sources of pollution; 594 b. The implementation of a septic remediation plan where 595 such remediation is necessary to restore the water body; and 596 c. Adoption of alternative waste treatment levels for 597 wastewater treatment plants. 598 2. In addition, the restoration plan must include any other 599 pollution control mechanisms that are being implemented to 600 demonstrate a reasonable assurance that existing or proposed 601 pollution control mechanisms or programs will effectively 602 address the impairment. Upon adoption of such a restoration 603 plan, the requirement that best management practices or 604 monitoring be conducted within the watershed impacting the water 605 body is enforceable pursuant to this section and ss. 403.121, 606 403.141, and 403.161. 607 Section 6. Section 403.0771, Florida Statutes, is created 608 to read: 609 403.0771 Sewage spill notification; moratorium.— 610 (1) In addition to the public notification requirements of 611 s. 403.077, a wastewater treatment plant that unlawfully 612 discharges raw or partially treated sewage into any waterway or 613 aquifer must, within 24 hours after discovering the discharge, 614 notify its customers that the discharge has occurred. 615 (2) If a wastewater treatment plant owned by a local 616 government unlawfully discharges raw or partially treated sewage 617 into any waterway or aquifer, the local government may not 618 approve any building permits and the department may not approve 619 any onsite sewage treatment and disposal system in the local 620 government’s jurisdiction until any required maintenance, 621 repair, or improvement has been implemented to reduce or 622 eliminate sanitary sewage overflows, as determined by the 623 department. In addition, the department shall assess a daily 624 penalty pursuant to ss. 403.121, 403.141, and 403.161 until the 625 required maintenance, repair, or improvement has been 626 implemented. The department may reduce a penalty based on the 627 wastewater treatment plant’s investment in assessment and 628 maintenance activities to identify and address conditions that 629 may cause sanitary sewage overflows. 630 Section 7. Effective July 1, 2024, paragraph (c) of 631 subsection (1) of section 403.086, Florida Statutes, is amended 632 to read: 633 403.086 Sewage disposal facilities; advanced and secondary 634 waste treatment.— 635 (1) 636 (c) Notwithstanding any other provisions of this chapter or 637 chapter 373, facilities for sanitary sewage disposal may not 638 dispose of any wastes into Old Tampa Bay, Tampa Bay, 639 Hillsborough Bay, Boca Ciega Bay, St. Joseph Sound, Clearwater 640 Bay, Sarasota Bay, Little Sarasota Bay, Roberts Bay, Lemon Bay, 641 or Charlotte Harbor Bay, Indian River Lagoon, or into any river, 642 stream, channel, canal, bay, bayou, sound, or other water 643 tributary thereto, without providing advanced waste treatment, 644 as defined in subsection (4), approved by the department. This 645 paragraph shall not apply to facilities which were permitted by 646 February 1, 1987, and which discharge secondary treated 647 effluent, followed by water hyacinth treatment, to tributaries 648 of tributaries of the named waters; or to facilities permitted 649 to discharge to the nontidally influenced portions of the Peace 650 River. 651 Section 8. Present subsection (4) of section 403.9337, 652 Florida Statutes, is redesignated as subsection (5), and a new 653 subsection (4) is added to that section, to read: 654 403.9337 Model Ordinance for Florida-Friendly Fertilizer 655 Use on Urban Landscapes.— 656 (4) A local government that fails to adopt, enact, and 657 implement an ordinance pursuant to this section is subject to a 658 daily fine as provided in ss. 403.121, 403.141, and 403.161 and 659 may not approve any building permits until the ordinance has 660 been adopted, enacted, and implemented. 661 Section 9. (1) The Department of Environmental Protection 662 shall revise the basin management action plans for Indian River 663 Lagoon and the basin management action plans that were adopted 664 pursuant to s. 373.807, Florida Statutes, and approved by the 665 Secretary of Environmental Protection or prepared by the 666 department before July 1, 2019, to conform existing plans to 667 changes made by this act. Revisions to such basin management 668 action plans made pursuant to this act must be completed by July 669 1, 2020. The department may grant an extension, upon a showing 670 of good cause, to a local government on the deadlines for its 671 wastewater treatment plan project or onsite sewage treatment and 672 disposal system remediation plans submitted as part of a basin 673 management action plan. 674 (2) The department shall revise all basin management action 675 plans not included under subsection (1), but adopted pursuant to 676 s. 403.067(7), Florida Statutes, and approved by the Secretary 677 of Environmental Protection or prepared by the department before 678 July 1, 2019, to conform existing plans to changes made by this 679 act. Revisions to such basin management action plans made 680 pursuant to this act must be completed by the next required 5 681 year milestone assessment for those revisions scheduled for on 682 or after July 1, 2020. The department may grant an extension, 683 upon a showing of good cause, to a local government on the 684 deadlines for its wastewater treatment plan project or onsite 685 sewage treatment and disposal system remediation plans submitted 686 as part of a basin management action plan. 687 Section 10. Subsection (5) of section 153.54, Florida 688 Statutes, is amended to read: 689 153.54 Preliminary report by county commissioners with 690 respect to creation of proposed district.—Upon receipt of a 691 petition duly signed by not less than 25 qualified electors who 692 are also freeholders residing within an area proposed to be 693 incorporated into a water and sewer district pursuant to this 694 law and describing in general terms the proposed boundaries of 695 such proposed district, the board of county commissioners if it 696 shall deem it necessary and advisable to create and establish 697 such proposed district for the purpose of constructing, 698 establishing or acquiring a water system or a sewer system or 699 both in and for such district (herein called “improvements”), 700 shall first cause a preliminary report to be made which such 701 report together with any other relevant or pertinent matters, 702 shall include at least the following: 703 (5) For the construction of a new proposed sewerage system 704 or the extension of an existing sewerage system that was not 705 previously approved, the report shall include a study that 706 includes the available information from the Department of 707 Environmental ProtectionHealthon the history of onsite sewage 708 treatment and disposal systems currently in use in the area and 709 a comparison of the projected costs to the owner of a typical 710 lot or parcel of connecting to and using the proposed sewerage 711 system versus installing, operating, and properly maintaining an 712 onsite sewage treatment system that is approved by the 713 Department of Environmental ProtectionHealthand that provides 714 for the comparable level of environmental and health protection 715 as the proposed central sewerage system; consideration of the 716 local authority’s obligations or reasonably anticipated 717 obligations for water body cleanup and protection under state or 718 federal programs, including requirements for water bodies listed 719 under s. 303(d) of the Clean Water Act, Pub. L. No. 92-500, 33 720 U.S.C. ss. 1251 et seq.; and other factors deemed relevant by 721 the local authority. 722 723 Such report shall be filed in the office of the clerk of the 724 circuit court and shall be open for the inspection of any 725 taxpayer, property owner, qualified elector or any other 726 interested or affected person. 727 Section 11. Paragraph (c) of subsection (2) of section 728 153.73, Florida Statutes, is amended to read: 729 153.73 Assessable improvements; levy and payment of special 730 assessments.—Any district may provide for the construction or 731 reconstruction of assessable improvements as defined in s. 732 153.52, and for the levying of special assessments upon 733 benefited property for the payment thereof, under the provisions 734 of this section. 735 (2) 736 (c) For the construction of a new proposed sewerage system 737 or the extension of an existing sewerage system that was not 738 previously approved, the report shall include a study that 739 includes the available information from the Department of 740 Environmental ProtectionHealthon the history of onsite sewage 741 treatment and disposal systems currently in use in the area and 742 a comparison of the projected costs to the owner of a typical 743 lot or parcel of connecting to and using the proposed sewerage 744 system versus installing, operating, and properly maintaining an 745 onsite sewage treatment system that is approved by the 746 Department of Environmental ProtectionHealthand that provides 747 for the comparable level of environmental and health protection 748 as the proposed central sewerage system; consideration of the 749 local authority’s obligations or reasonably anticipated 750 obligations for water body cleanup and protection under state or 751 federal programs, including requirements for water bodies listed 752 under s. 303(d) of the Clean Water Act, Pub. L. No. 92-500, 33 753 U.S.C. ss. 1251 et seq.; and other factors deemed relevant by 754 the local authority. 755 Section 12. Subsection (2) of section 163.3180, Florida 756 Statutes, is amended to read: 757 163.3180 Concurrency.— 758 (2) Consistent with public health and safety, sanitary 759 sewer, solid waste, drainage, adequate water supplies, and 760 potable water facilities shall be in place and available to 761 serve new development no later than the issuance by the local 762 government of a certificate of occupancy or its functional 763 equivalent. Prior to approval of a building permit or its 764 functional equivalent, the local government shall consult with 765 the applicable water supplier to determine whether adequate 766 water supplies to serve the new development will be available no 767 later than the anticipated date of issuance by the local 768 government of a certificate of occupancy or its functional 769 equivalent. A local government may meet the concurrency 770 requirement for sanitary sewer through the use of onsite sewage 771 treatment and disposal systems approved by the Department of 772 Environmental ProtectionHealthto serve new development. 773 Section 13. Subsection (2) of section 373.811, Florida 774 Statutes, is amended to read: 775 373.811 Prohibited activities within a priority focus 776 area.—The following activities are prohibited within a priority 777 focus area in effect for an Outstanding Florida Spring: 778 (2) New onsite sewage treatment and disposal systems on 779 lots of less than 1 acre, if the addition of the specific 780 systems conflicts with an onsite treatment and disposal system 781 remediation plan incorporated into a basin management action 782 plan in accordance with s. 403.067(7)(e)s. 373.807(3). 783 Section 14. Subsections (7) and (18) of section 381.006, 784 Florida Statutes, are amended to read: 785 381.006 Environmental health.—The department shall conduct 786 an environmental health program as part of fulfilling the 787 state’s public health mission. The purpose of this program is to 788 detect and prevent disease caused by natural and manmade factors 789 in the environment. The environmental health program shall 790 include, but not be limited to: 791(7) An onsite sewage treatment and disposal function.792 (18) A food service inspection function for domestic 793 violence centers that are certified by the Department of 794 Children and Families and monitored by the Florida Coalition 795 Against Domestic Violence under part XII of chapter 39 and group 796 care homes as described in subsection (15)(16), which shall be 797 conducted annually and be limited to the requirements in 798 department rule applicable to community-based residential 799 facilities with five or fewer residents. 800 801 The department may adopt rules to carry out the provisions of 802 this section. 803 Section 15. Subsection (1) of section 381.0061, Florida 804 Statutes, is amended to read: 805 381.0061 Administrative fines.— 806 (1) In addition to any administrative action authorized by 807 chapter 120 or by other law, the department may impose a fine, 808 which shall not exceed $500 for each violation, for a violation 809 of s. 381.006(15)s. 381.006(16), s. 381.0065, s. 381.0066, s. 810 381.0072, or part III of chapter 489, for a violation of any 811 rule adopted under this chapter, or for a violation of any of 812 the provisions of chapter 386. Notice of intent to impose such 813 fine shall be given by the department to the alleged violator. 814 Each day that a violation continues may constitute a separate 815 violation. 816 Section 16. Subsection (1) of section 381.0064, Florida 817 Statutes, is amended to read: 818 381.0064 Continuing education courses for persons 819 installing or servicing septic tanks.— 820 (1) The Department of Environmental ProtectionHealthshall 821 establish a program for continuing education which meets the 822 purposes of ss. 381.0101 and 489.554 regarding the public health 823 and environmental effects of onsite sewage treatment and 824 disposal systems and any other matters the department determines 825 desirable for the safe installation and use of onsite sewage 826 treatment and disposal systems. The department may charge a fee 827 to cover the cost of such program. 828 Section 17. Present paragraphs (d) through (q) of 829 subsection (2) of section 381.0065, Florida Statutes, are 830 redesignated as paragraphs (e) through (r), respectively, a new 831 paragraph (d) is added to that subsection, and subsections (3) 832 and (4) of that section are amended, to read: 833 381.0065 Onsite sewage treatment and disposal systems; 834 regulation.— 835 (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the 836 term: 837 (d) “Department” means the Department of Environmental 838 Protection. 839 (3) DUTIES AND POWERS OF THE DEPARTMENTOF HEALTH.—The 840 department shall: 841 (a) Adopt rules to administer ss. 381.0065-381.0067, 842 including definitions that are consistent with the definitions 843 in this section, decreases to setback requirements where no 844 health hazard exists, increases for the lot-flow allowance for 845 performance-based systems, requirements for separation from 846 water table elevation during the wettest season, requirements 847 for the design and construction of any component part of an 848 onsite sewage treatment and disposal system, application and 849 permit requirements for persons who maintain an onsite sewage 850 treatment and disposal system, requirements for maintenance and 851 service agreements for aerobic treatment units and performance 852 based treatment systems, and recommended standards, including 853 disclosure requirements, for voluntary system inspections to be 854 performed by individuals who are authorized by law to perform 855 such inspections and who shall inform a person having ownership, 856 control, or use of an onsite sewage treatment and disposal 857 system of the inspection standards and of that person’s 858 authority to request an inspection based on all or part of the 859 standards. 860 (b) Perform application reviews and site evaluations, issue 861 permits, and conduct inspections and complaint investigations 862 associated with the construction, installation, maintenance, 863 modification, abandonment, operation, use, or repair of an 864 onsite sewage treatment and disposal system for a residence or 865 establishment with an estimated domestic sewage flow of 10,000 866 gallons or less per day, or an estimated commercial sewage flow 867 of 5,000 gallons or less per day, which is not currently 868 regulated under chapter 403. 869 (c) Develop a comprehensive program to ensure that onsite 870 sewage treatment and disposal systems regulated by the 871 department are sized, designed, constructed, installed, 872 repaired, modified, abandoned, used, operated, and maintained in 873 compliance with this section and rules adopted under this 874 section to prevent groundwater contamination and surface water 875 contamination and to preserve the public health. The department 876 is the final administrative interpretive authority regarding 877 rule interpretation. In the event of a conflict regarding rule 878 interpretation, the State Surgeon General, or his or her 879 designee, shall timely assign a staff person to resolve the 880 dispute. 881 (d) Grant variances in hardship cases under the conditions 882 prescribed in this section and rules adopted under this section. 883 (e) Permit the use of a limited number of innovative 884 systems for a specific period of time, when there is compelling 885 evidence that the system will function properly and reliably to 886 meet the requirements of this section and rules adopted under 887 this section. 888 (f) Issue annual operating permits under this section. 889 (g) Establish and collect fees as established under s. 890 381.0066 for services provided with respect to onsite sewage 891 treatment and disposal systems. 892 (h) Conduct enforcement activities, including imposing 893 fines, issuing citations, suspensions, revocations, injunctions, 894 and emergency orders for violations of this section, part I of 895 chapter 386, or part III of chapter 489 or for a violation of 896 any rule adopted under this section, part I of chapter 386, or 897 part III of chapter 489. 898 (i) Provide or conduct education and training of department 899 personnel, service providers, and the public regarding onsite 900 sewage treatment and disposal systems. 901 (j) Supervise research on, demonstration of, and training 902 on the performance, environmental impact, and public health 903 impact of onsite sewage treatment and disposal systems within 904 this state. Research fees collected under s. 381.0066(2)(k) must 905 be used to develop and fund hands-on training centers designed 906 to provide practical information about onsite sewage treatment 907 and disposal systems to septic tank contractors, master septic 908 tank contractors, contractors, inspectors, engineers, and the 909 public and must also be used to fund research projects which 910 focus on improvements of onsite sewage treatment and disposal 911 systems, including use of performance-based standards and 912 reduction of environmental impact. Research projects shall be 913 initially approved by the technical review and advisory panel 914 and shall be applicable to and reflect the soil conditions 915 specific to Florida. Such projects shall be awarded through 916 competitive negotiation, using the procedures provided in s. 917 287.055, to public or private entities that have experience in 918 onsite sewage treatment and disposal systems in Florida and that 919 are principally located in Florida. Research projects shall not 920 be awarded to firms or entities that employ or are associated 921 with persons who serve on either the technical review and 922 advisory panel or the research review and advisory committee. 923 (k) Approve the installation of individual graywater 924 disposal systems in which blackwater is treated by a central 925 sewerage system. 926 (l) Regulate and permit the sanitation, handling, 927 treatment, storage, reuse, and disposal of byproducts from any 928 system regulated under this chapter and not regulated by the 929 Department of Environmental Protection. 930 (m) Permit and inspect portable or temporary toilet 931 services and holding tanks. The department shall review 932 applications, perform site evaluations, and issue permits for 933 the temporary use of holding tanks, privies, portable toilet 934 services, or any other toilet facility that is intended for use 935 on a permanent or nonpermanent basis, including facilities 936 placed on construction sites when workers are present. The 937 department may specify standards for the construction, 938 maintenance, use, and operation of any such facility for 939 temporary use. 940 (n) Regulate and permit maintenance entities for 941 performance-based treatment systems and aerobic treatment unit 942 systems. To ensure systems are maintained and operated according 943 to manufacturer’s specifications and designs, the department 944 shall establish by rule minimum qualifying criteria for 945 maintenance entities. The criteria shall include: training, 946 access to approved spare parts and components, access to 947 manufacturer’s maintenance and operation manuals, and service 948 response time. The maintenance entity shall employ a contractor 949 licensed under s. 489.105(3)(m), or part III of chapter 489, or 950 a state-licensed wastewater plant operator, who is responsible 951 for maintenance and repair of all systems under contract. 952 (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not 953 construct, repair, modify, abandon, or operate an onsite sewage 954 treatment and disposal system without first obtaining a permit 955 approved by the department. The department may issue permits to 956 carry out this section., but shall not make the issuance of such957permits contingent upon prior approval by the Department of958Environmental Protection, except thatThe issuance of a permit 959 for work seaward of the coastal construction control line 960 established under s. 161.053 shall be contingent upon receipt of 961 any required coastal construction control line permit from the 962 departmentof Environmental Protection. A construction permit is 963 valid for 18 months from the issuance date and may be extended 964 by the department for one 90-day period under rules adopted by 965 the department. A repair permit is valid for 90 days from the 966 date of issuance. An operating permit must be obtained before 967prior tothe use of any aerobic treatment unit or if the 968 establishment generates commercial waste. Buildings or 969 establishments that use an aerobic treatment unit or generate 970 commercial waste shall be inspected by the department at least 971 annually to assure compliance with the terms of the operating 972 permit. The operating permit for a commercial wastewater system 973 is valid for 1 year from the date of issuance and must be 974 renewed annually. The operating permit for an aerobic treatment 975 unit is valid for 2 years from the date of issuance and must be 976 renewed every 2 years. If all information pertaining to the 977 siting, location, and installation conditions or repair of an 978 onsite sewage treatment and disposal system remains the same, a 979 construction or repair permit for the onsite sewage treatment 980 and disposal system may be transferred to another person, if the 981 transferee files, within 60 days after the transfer of 982 ownership, an amended application providing all corrected 983 information and proof of ownership of the property. There is no 984 fee associated with the processing of this supplemental 985 information. A person may not contract to construct, modify, 986 alter, repair, service, abandon, or maintain any portion of an 987 onsite sewage treatment and disposal system without being 988 registered under part III of chapter 489. A property owner who 989 personally performs construction, maintenance, or repairs to a 990 system serving his or her own owner-occupied single-family 991 residence is exempt from registration requirements for 992 performing such construction, maintenance, or repairs on that 993 residence, but is subject to all permitting requirements. A 994 municipality or political subdivision of the state may not issue 995 a building or plumbing permit for any building that requires the 996 use of an onsite sewage treatment and disposal system unless the 997 owner or builder has received a construction permit for such 998 system from the department. A building or structure may not be 999 occupied and a municipality, political subdivision, or any state 1000 or federal agency may not authorize occupancy until the 1001 department approves the final installation of the onsite sewage 1002 treatment and disposal system. A municipality or political 1003 subdivision of the state may not approve any change in occupancy 1004 or tenancy of a building that uses an onsite sewage treatment 1005 and disposal system until the department has reviewed the use of 1006 the system with the proposed change, approved the change, and 1007 amended the operating permit. 1008 (a) Subdivisions and lots in which each lot has a minimum 1009 area of at least one-half acre and either a minimum dimension of 1010 100 feet or a mean of at least 100 feet of the side bordering 1011 the street and the distance formed by a line parallel to the 1012 side bordering the street drawn between the two most distant 1013 points of the remainder of the lot may be developed with a water 1014 system regulated under s. 381.0062 and onsite sewage treatment 1015 and disposal systems, provided the projected daily sewage flow 1016 does not exceed an average of 1,500 gallons per acre per day, 1017 and provided satisfactory drinking water can be obtained and all 1018 distance and setback, soil condition, water table elevation, and 1019 other related requirements of this section and rules adopted 1020 under this section can be met. 1021 (b) Subdivisions and lots using a public water system as 1022 defined in s. 403.852 may use onsite sewage treatment and 1023 disposal systems, provided there are no more than four lots per 1024 acre, provided the projected daily sewage flow does not exceed 1025 an average of 2,500 gallons per acre per day, and provided that 1026 all distance and setback, soil condition, water table elevation, 1027 and other related requirements that are generally applicable to 1028 the use of onsite sewage treatment and disposal systems are met. 1029 (c) Notwithstanding paragraphs (a) and (b), for 1030 subdivisions platted of record on or before October 1, 1991, 1031 when a developer or other appropriate entity has previously made 1032 or makes provisions, including financial assurances or other 1033 commitments, acceptable to the departmentof Health, that a 1034 central water system will be installed by a regulated public 1035 utility based on a density formula, private potable wells may be 1036 used with onsite sewage treatment and disposal systems until the 1037 agreed-upon densities are reached. In a subdivision regulated by 1038 this paragraph, the average daily sewage flow may not exceed 1039 2,500 gallons per acre per day. This section does not affect the 1040 validity of existing prior agreements. After October 1, 1991, 1041 the exception provided under this paragraph is not available to 1042 a developer or other appropriate entity. 1043 (d) Paragraphs (a) and (b) do not apply to any proposed 1044 residential subdivision with more than 50 lots or to any 1045 proposed commercial subdivision with more than 5 lots where a 1046 publicly owned or investor-owned sewerage system is available. 1047 It is the intent of this paragraph not to allow development of 1048 additional proposed subdivisions in order to evade the 1049 requirements of this paragraph. 1050 (e) Onsite sewage treatment and disposal systems must not 1051 be placed closer than: 1052 1. Seventy-five feet from a private potable well. 1053 2. Two hundred feet from a public potable well serving a 1054 residential or nonresidential establishment having a total 1055 sewage flow of greater than 2,000 gallons per day. 1056 3. One hundred feet from a public potable well serving a 1057 residential or nonresidential establishment having a total 1058 sewage flow of less than or equal to 2,000 gallons per day. 1059 4. Fifty feet from any nonpotable well. 1060 5. Ten feet from any storm sewer pipe, to the maximum 1061 extent possible, but in no instance shall the setback be less 1062 than 5 feet. 1063 6. Seventy-five feet from the mean high-water line of a 1064 tidally influenced surface water body. 1065 7. Seventy-five feet from the mean annual flood line of a 1066 permanent nontidal surface water body. 1067 8. Fifteen feet from the design high-water line of 1068 retention areas, detention areas, or swales designed to contain 1069 standing or flowing water for less than 72 hours after a 1070 rainfall or the design high-water level of normally dry drainage 1071 ditches or normally dry individual lot stormwater retention 1072 areas. 1073 (f) Except as provided under paragraphs (e) and (t), no 1074 limitations shall be imposed by rule, relating to the distance 1075 between an onsite disposal system and any area that either 1076 permanently or temporarily has visible surface water. 1077 (g) All provisions of this section and rules adopted under 1078 this section relating to soil condition, water table elevation, 1079 distance, and other setback requirements must be equally applied 1080 to all lots, with the following exceptions: 1081 1. Any residential lot that was platted and recorded on or 1082 after January 1, 1972, or that is part of a residential 1083 subdivision that was approved by the appropriate permitting 1084 agency on or after January 1, 1972, and that was eligible for an 1085 onsite sewage treatment and disposal system construction permit 1086 on the date of such platting and recording or approval shall be 1087 eligible for an onsite sewage treatment and disposal system 1088 construction permit, regardless of when the application for a 1089 permit is made. If rules in effect at the time the permit 1090 application is filed cannot be met, residential lots platted and 1091 recorded or approved on or after January 1, 1972, shall, to the 1092 maximum extent possible, comply with the rules in effect at the 1093 time the permit application is filed. At a minimum, however, 1094 those residential lots platted and recorded or approved on or 1095 after January 1, 1972, but before January 1, 1983, shall comply 1096 with those rules in effect on January 1, 1983, and those 1097 residential lots platted and recorded or approved on or after 1098 January 1, 1983, shall comply with those rules in effect at the 1099 time of such platting and recording or approval. In determining 1100 the maximum extent of compliance with current rules that is 1101 possible, the department shall allow structures and 1102 appurtenances thereto which were authorized at the time such 1103 lots were platted and recorded or approved. 1104 2. Lots platted before 1972 are subject to a 50-foot 1105 minimum surface water setback and are not subject to lot size 1106 requirements. The projected daily flow for onsite sewage 1107 treatment and disposal systems for lots platted before 1972 may 1108 not exceed: 1109 a. Two thousand five hundred gallons per acre per day for 1110 lots served by public water systems as defined in s. 403.852. 1111 b. One thousand five hundred gallons per acre per day for 1112 lots served by water systems regulated under s. 381.0062. 1113 (h)1. The department may grant variances in hardship cases 1114 which may be less restrictive than the provisions specified in 1115 this section. If a variance is granted and the onsite sewage 1116 treatment and disposal system construction permit has been 1117 issued, the variance may be transferred with the system 1118 construction permit, if the transferee files, within 60 days 1119 after the transfer of ownership, an amended construction permit 1120 application providing all corrected information and proof of 1121 ownership of the property and if the same variance would have 1122 been required for the new owner of the property as was 1123 originally granted to the original applicant for the variance. 1124 There is no fee associated with the processing of this 1125 supplemental information. A variance may not be granted under 1126 this section until the department is satisfied that: 1127 a. The hardship was not caused intentionally by the action 1128 of the applicant; 1129 b. No reasonable alternative, taking into consideration 1130 factors such as cost, exists for the treatment of the sewage; 1131 and 1132 c. The discharge from the onsite sewage treatment and 1133 disposal system will not adversely affect the health of the 1134 applicant or the public or significantly degrade the groundwater 1135 or surface waters. 1136 1137 Where soil conditions, water table elevation, and setback 1138 provisions are determined by the department to be satisfactory, 1139 special consideration must be given to those lots platted before 1140 1972. 1141 2. The department shall appoint and staff a variance review 1142 and advisory committee, which shall meet monthly to recommend 1143 agency action on variance requests. The committee shall make its 1144 recommendations on variance requests at the meeting in which the 1145 application is scheduled for consideration, except for an 1146 extraordinary change in circumstances, the receipt of new 1147 information that raises new issues, or when the applicant 1148 requests an extension. The committee shall consider the criteria 1149 in subparagraph 1. in its recommended agency action on variance 1150 requests and shall also strive to allow property owners the full 1151 use of their land where possible. The committee consists of the 1152 following: 1153 a. The State Surgeon General or his or her designee. 1154 b. A representative from the county health departments. 1155 c. A representative from the home building industry 1156 recommended by the Florida Home Builders Association. 1157 d. A representative from the septic tank industry 1158 recommended by the Florida Onsite Wastewater Association. 1159 e. A representative from the Department of Environmental 1160 Protection. 1161 f. A representative from the real estate industry who is 1162 also a developer in this state who develops lots using onsite 1163 sewage treatment and disposal systems, recommended by the 1164 Florida Association of Realtors. 1165 g. A representative from the engineering profession 1166 recommended by the Florida Engineering Society. 1167 1168 Members shall be appointed for a term of 3 years, with such 1169 appointments being staggered so that the terms of no more than 1170 two members expire in any one year. Members shall serve without 1171 remuneration, but if requested, shall be reimbursed for per diem 1172 and travel expenses as provided in s. 112.061. 1173 (i) A construction permit may not be issued for an onsite 1174 sewage treatment and disposal system in any area zoned or used 1175 for industrial or manufacturing purposes, or its equivalent, 1176 where a publicly owned or investor-owned sewage treatment system 1177 is available, or where a likelihood exists that the system will 1178 receive toxic, hazardous, or industrial waste. An existing 1179 onsite sewage treatment and disposal system may be repaired if a 1180 publicly owned or investor-owned sewerage system is not 1181 available within 500 feet of the building sewer stub-out and if 1182 system construction and operation standards can be met. This 1183 paragraph does not require publicly owned or investor-owned 1184 sewerage treatment systems to accept anything other than 1185 domestic wastewater. 1186 1. A building located in an area zoned or used for 1187 industrial or manufacturing purposes, or its equivalent, when 1188 such building is served by an onsite sewage treatment and 1189 disposal system, must not be occupied until the owner or tenant 1190 has obtained written approval from the department. The 1191 department shall not grant approval when the proposed use of the 1192 system is to dispose of toxic, hazardous, or industrial 1193 wastewater or toxic or hazardous chemicals. 1194 2. Each person who owns or operates a business or facility 1195 in an area zoned or used for industrial or manufacturing 1196 purposes, or its equivalent, or who owns or operates a business 1197 that has the potential to generate toxic, hazardous, or 1198 industrial wastewater or toxic or hazardous chemicals, and uses 1199 an onsite sewage treatment and disposal system that is installed 1200 on or after July 5, 1989, must obtain an annual system operating 1201 permit from the department. A person who owns or operates a 1202 business that uses an onsite sewage treatment and disposal 1203 system that was installed and approved before July 5, 1989, need 1204 not obtain a system operating permit. However, upon change of 1205 ownership or tenancy, the new owner or operator must notify the 1206 department of the change, and the new owner or operator must 1207 obtain an annual system operating permit, regardless of the date 1208 that the system was installed or approved. 1209 3. The department shall periodically review and evaluate 1210 the continued use of onsite sewage treatment and disposal 1211 systems in areas zoned or used for industrial or manufacturing 1212 purposes, or its equivalent, and may require the collection and 1213 analyses of samples from within and around such systems. If the 1214 department finds that toxic or hazardous chemicals or toxic, 1215 hazardous, or industrial wastewater have been or are being 1216 disposed of through an onsite sewage treatment and disposal 1217 system, the department shall initiate enforcement actions 1218 against the owner or tenant to ensure adequate cleanup, 1219 treatment, and disposal. 1220 (j) An onsite sewage treatment and disposal system designed 1221 by a professional engineer registered in the state and certified 1222 by such engineer as complying with performance criteria adopted 1223 by the department must be approved by the department subject to 1224 the following: 1225 1. The performance criteria applicable to engineer-designed 1226 systems must be limited to those necessary to ensure that such 1227 systems do not adversely affect the public health or 1228 significantly degrade the groundwater or surface water. Such 1229 performance criteria shall include consideration of the quality 1230 of system effluent, the proposed total sewage flow per acre, 1231 wastewater treatment capabilities of the natural or replaced 1232 soil, water quality classification of the potential surface 1233 water-receiving body, and the structural and maintenance 1234 viability of the system for the treatment of domestic 1235 wastewater. However, performance criteria shall address only the 1236 performance of a system and not a system’s design. 1237 2. A person electing to utilize an engineer-designed system 1238 shall, upon completion of the system design, submit such design, 1239 certified by a registered professional engineer, to the county 1240 health department. The county health department may utilize an 1241 outside consultant to review the engineer-designed system, with 1242 the actual cost of such review to be borne by the applicant. 1243 Within 5 working days after receiving an engineer-designed 1244 system permit application, the county health department shall 1245 request additional information if the application is not 1246 complete. Within 15 working days after receiving a complete 1247 application for an engineer-designed system, the county health 1248 department either shall issue the permit or, if it determines 1249 that the system does not comply with the performance criteria, 1250 shall notify the applicant of that determination and refer the 1251 application to the department for a determination as to whether 1252 the system should be approved, disapproved, or approved with 1253 modification. The department engineer’s determination shall 1254 prevail over the action of the county health department. The 1255 applicant shall be notified in writing of the department’s 1256 determination and of the applicant’s rights to pursue a variance 1257 or seek review underthe provisions ofchapter 120. 1258 3. The owner of an engineer-designed performance-based 1259 system must maintain a current maintenance service agreement 1260 with a maintenance entity permitted by the department. The 1261 maintenance entity shall inspect each system at least twice each 1262 year and shall report quarterly to the department on the number 1263 of systems inspected and serviced. The reports may be submitted 1264 electronically. 1265 4. The property owner of an owner-occupied, single-family 1266 residence may be approved and permitted by the department as a 1267 maintenance entity for his or her own performance-based 1268 treatment system upon written certification from the system 1269 manufacturer’s approved representative that the property owner 1270 has received training on the proper installation and service of 1271 the system. The maintenance service agreement must conspicuously 1272 disclose that the property owner has the right to maintain his 1273 or her own system and is exempt from contractor registration 1274 requirements for performing construction, maintenance, or 1275 repairs on the system but is subject to all permitting 1276 requirements. 1277 5. The property owner shall obtain a biennial system 1278 operating permit from the department for each system. The 1279 department shall inspect the system at least annually, or on 1280 such periodic basis as the fee collected permits, and may 1281 collect system-effluent samples if appropriate to determine 1282 compliance with the performance criteria. The fee for the 1283 biennial operating permit shall be collected beginning with the 1284 second year of system operation. 1285 6. If an engineer-designed system fails to properly 1286 function or fails to meet performance standards, the system 1287 shall be re-engineered, if necessary, to bring the system into 1288 compliance withthe provisions ofthis section. 1289 (k) An innovative system may be approved in conjunction 1290 with an engineer-designed site-specific system which is 1291 certified by the engineer to meet the performance-based criteria 1292 adopted by the department. 1293 (l) For the Florida Keys, the department shall adopt a 1294 special rule for the construction, installation, modification, 1295 operation, repair, maintenance, and performance of onsite sewage 1296 treatment and disposal systems which considers the unique soil 1297 conditions and water table elevations, densities, and setback 1298 requirements. On lots where a setback distance of 75 feet from 1299 surface waters, saltmarsh, and buttonwood association habitat 1300 areas cannot be met, an injection well, approved and permitted 1301 by the department, may be used for disposal of effluent from 1302 onsite sewage treatment and disposal systems. The following 1303 additional requirements apply to onsite sewage treatment and 1304 disposal systems in Monroe County: 1305 1. The county, each municipality, and those special 1306 districts established for the purpose of the collection, 1307 transmission, treatment, or disposal of sewage shall ensure, in 1308 accordance with the specific schedules adopted by the 1309 Administration Commission under s. 380.0552, the completion of 1310 onsite sewage treatment and disposal system upgrades to meet the 1311 requirements of this paragraph. 1312 2. Onsite sewage treatment and disposal systems must cease 1313 discharge by December 31, 2015, or must comply with department 1314 rules and provide the level of treatment which, on a permitted 1315 annual average basis, produces an effluent that contains no more 1316 than the following concentrations: 1317 a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l. 1318 b. Suspended Solids of 10 mg/l. 1319 c. Total Nitrogen, expressed as N, of 10 mg/l or a 1320 reduction in nitrogen of at least 70 percent. A system that has 1321 been tested and certified to reduce nitrogen concentrations by 1322 at least 70 percent shall be deemed to be in compliance with 1323 this standard. 1324 d. Total Phosphorus, expressed as P, of 1 mg/l. 1325 1326 In addition, onsite sewage treatment and disposal systems 1327 discharging to an injection well must provide basic disinfection 1328 as defined by department rule. 1329 3. In areas not scheduled to be served by a central sewer, 1330 onsite sewage treatment and disposal systems must, by December 1331 31, 2015, comply with department rules and provide the level of 1332 treatment described in subparagraph 2. 1333 4. In areas scheduled to be served by central sewer by 1334 December 31, 2015, if the property owner has paid a connection 1335 fee or assessment for connection to the central sewer system, 1336 the property owner may install a holding tank with a high water 1337 alarm or an onsite sewage treatment and disposal system that 1338 meets the following minimum standards: 1339 a. The existing tanks must be pumped and inspected and 1340 certified as being watertight and free of defects in accordance 1341 with department rule; and 1342 b. A sand-lined drainfield or injection well in accordance 1343 with department rule must be installed. 1344 5. Onsite sewage treatment and disposal systems must be 1345 monitored for total nitrogen and total phosphorus concentrations 1346 as required by department rule. 1347 6. The department shall enforce proper installation, 1348 operation, and maintenance of onsite sewage treatment and 1349 disposal systems pursuant to this chapter, including ensuring 1350 that the appropriate level of treatment described in 1351 subparagraph 2. is met. 1352 7. The authority of a local government, including a special 1353 district, to mandate connection of an onsite sewage treatment 1354 and disposal system is governed by s. 4, chapter 99-395, Laws of 1355 Florida. 1356 8. Notwithstanding any other provision of law, an onsite 1357 sewage treatment and disposal system installed after July 1, 1358 2010, in unincorporated Monroe County, excluding special 1359 wastewater districts, that complies with the standards in 1360 subparagraph 2. is not required to connect to a central sewer 1361 system until December 31, 2020. 1362 (m) No product sold in the state for use in onsite sewage 1363 treatment and disposal systems may contain any substance in 1364 concentrations or amounts that would interfere with or prevent 1365 the successful operation of such system, or that would cause 1366 discharges from such systems to violate applicable water quality 1367 standards. The department shall publish criteria for products 1368 known or expected to meet the conditions of this paragraph. In 1369 the event a product does not meet such criteria, such product 1370 may be sold if the manufacturer satisfactorily demonstrates to 1371 the department that the conditions of this paragraph are met. 1372 (n) Evaluations for determining the seasonal high-water 1373 table elevations or the suitability of soils for the use of a 1374 new onsite sewage treatment and disposal system shall be 1375 performed by department personnel, professional engineers 1376 registered in the state, or such other persons with expertise, 1377 as defined by rule, in making such evaluations. Evaluations for 1378 determining mean annual flood lines shall be performed by those 1379 persons identified in paragraph (2)(k)paragraph (2)(j). The 1380 department shall accept evaluations submitted by professional 1381 engineers and such other persons as meet the expertise 1382 established by this section or by rule unless the department has 1383 a reasonable scientific basis for questioning the accuracy or 1384 completeness of the evaluation. 1385 (o) The department shall appoint a research review and 1386 advisory committee, which shall meet at least semiannually. The 1387 committee shall advise the department on directions for new 1388 research, review and rank proposals for research contracts, and 1389 review draft research reports and make comments. The committee 1390 is comprised of: 1391 1. A representative of the State Surgeon General, or his or 1392 her designee. 1393 2. A representative from the septic tank industry. 1394 3. A representative from the home building industry. 1395 4. A representative from an environmental interest group. 1396 5. A representative from the State University System, from 1397 a department knowledgeable about onsite sewage treatment and 1398 disposal systems. 1399 6. A professional engineer registered in this state who has 1400 work experience in onsite sewage treatment and disposal systems. 1401 7. A representative from local government who is 1402 knowledgeable about domestic wastewater treatment. 1403 8. A representative from the real estate profession. 1404 9. A representative from the restaurant industry. 1405 10. A consumer. 1406 1407 Members shall be appointed for a term of 3 years, with the 1408 appointments being staggered so that the terms of no more than 1409 four members expire in any one year. Members shall serve without 1410 remuneration, but are entitled to reimbursement for per diem and 1411 travel expenses as provided in s. 112.061. 1412 (p) An application for an onsite sewage treatment and 1413 disposal system permit shall be completed in full, signed by the 1414 owner or the owner’s authorized representative, or by a 1415 contractor licensed under chapter 489, and shall be accompanied 1416 by all required exhibits and fees. No specific documentation of 1417 property ownership shall be required as a prerequisite to the 1418 review of an application or the issuance of a permit. The 1419 issuance of a permit does not constitute determination by the 1420 department of property ownership. 1421 (q) The department may not require any form of subdivision 1422 analysis of property by an owner, developer, or subdivider 1423 beforeprior tosubmission of an application for an onsite 1424 sewage treatment and disposal system. 1425 (r) Nothing in this section limits the power of a 1426 municipality or county to enforce other laws for the protection 1427 of the public health and safety. 1428 (s) In the siting of onsite sewage treatment and disposal 1429 systems, including drainfields, shoulders, and slopes, guttering 1430 shall not be required on single-family residential dwelling 1431 units for systems located greater than 5 feet from the roof drip 1432 line of the house. If guttering is used on residential dwelling 1433 units, the downspouts shall be directed away from the 1434 drainfield. 1435 (t) Notwithstandingthe provisions ofsubparagraph (g)1., 1436 onsite sewage treatment and disposal systems located in 1437 floodways of the Suwannee and Aucilla Rivers must adhere to the 1438 following requirements: 1439 1. The absorption surface of the drainfield shall not be 1440 subject to flooding based on 10-year flood elevations. Provided, 1441 however, for lots or parcels created by the subdivision of land 1442 in accordance with applicable local government regulations 1443 beforeprior toJanuary 17, 1990, if an applicant cannot 1444 construct a drainfield system with the absorption surface of the 1445 drainfield at an elevation equal to or above 10-year flood 1446 elevation, the department shall issue a permit for an onsite 1447 sewage treatment and disposal system within the 10-year 1448 floodplain of rivers, streams, and other bodies of flowing water 1449 if all of the following criteria are met: 1450 a. The lot is at least one-half acre in size; 1451 b. The bottom of the drainfield is at least 36 inches above 1452 the 2-year flood elevation; and 1453 c. The applicant installs either: a waterless, 1454 incinerating, or organic waste composting toilet and a graywater 1455 system and drainfield in accordance with department rules; an 1456 aerobic treatment unit and drainfield in accordance with 1457 department rules; a system approved by the State Health Office 1458 that is capable of reducing effluent nitrate by at least 50 1459 percent; or a system approved by the county health department 1460 pursuant to department rule other than a system using 1461 alternative drainfield materials. The United States Department 1462 of Agriculture Soil Conservation Service soil maps, State of 1463 Florida Water Management District data, and Federal Emergency 1464 Management Agency Flood Insurance maps are resources that shall 1465 be used to identify flood-prone areas. 1466 2. The use of fill or mounding to elevate a drainfield 1467 system out of the 10-year floodplain of rivers, streams, or 1468 other bodies of flowing water shall not be permitted if such a 1469 system lies within a regulatory floodway of the Suwannee and 1470 Aucilla Rivers. In cases where the 10-year flood elevation does 1471 not coincide with the boundaries of the regulatory floodway, the 1472 regulatory floodway will be considered for the purposes of this 1473 subsection to extend at a minimum to the 10-year flood 1474 elevation. 1475 (u)1. The owner of an aerobic treatment unit system shall 1476 maintain a current maintenance service agreement with an aerobic 1477 treatment unit maintenance entity permitted by the department. 1478 The maintenance entity shall inspect each aerobic treatment unit 1479 system at least twice each year and shall report quarterly to 1480 the department on the number of aerobic treatment unit systems 1481 inspected and serviced. The reports may be submitted 1482 electronically. 1483 2. The property owner of an owner-occupied, single-family 1484 residence may be approved and permitted by the department as a 1485 maintenance entity for his or her own aerobic treatment unit 1486 system upon written certification from the system manufacturer’s 1487 approved representative that the property owner has received 1488 training on the proper installation and service of the system. 1489 The maintenance entity service agreement must conspicuously 1490 disclose that the property owner has the right to maintain his 1491 or her own system and is exempt from contractor registration 1492 requirements for performing construction, maintenance, or 1493 repairs on the system but is subject to all permitting 1494 requirements. 1495 3. A septic tank contractor licensed under part III of 1496 chapter 489, if approved by the manufacturer, may not be denied 1497 access by the manufacturer to aerobic treatment unit system 1498 training or spare parts for maintenance entities. After the 1499 original warranty period, component parts for an aerobic 1500 treatment unit system may be replaced with parts that meet 1501 manufacturer’s specifications but are manufactured by others. 1502 The maintenance entity shall maintain documentation of the 1503 substitute part’s equivalency for 2 years and shall provide such 1504 documentation to the department upon request. 1505 4. The owner of an aerobic treatment unit system shall 1506 obtain a system operating permit from the department and allow 1507 the department to inspect during reasonable hours each aerobic 1508 treatment unit system at least annually, and such inspection may 1509 include collection and analysis of system-effluent samples for 1510 performance criteria established by rule of the department. 1511 (v) The department may require the submission of detailed 1512 system construction plans that are prepared by a professional 1513 engineer registered in this state. The department shall 1514 establish by rule criteria for determining when such a 1515 submission is required. 1516 (w) Any permit issued and approved by the department for 1517 the installation, modification, or repair of an onsite sewage 1518 treatment and disposal system shall transfer with the title to 1519 the property in a real estate transaction. A title may not be 1520 encumbered at the time of transfer by new permit requirements by 1521 a governmental entity for an onsite sewage treatment and 1522 disposal system which differ from the permitting requirements in 1523 effect at the time the system was permitted, modified, or 1524 repaired. An inspection of a system may not be mandated by a 1525 governmental entity at the point of sale in a real estate 1526 transaction. This paragraph does not affect a septic tank phase 1527 out deferral program implemented by a consolidated government as 1528 defined in s. 9, Art. VIII of the State Constitution (1885). 1529 (x) A governmental entity, including a municipality, 1530 county, or statutorily created commission, may not require an 1531 engineer-designed performance-based treatment system, excluding 1532 a passive engineer-designed performance-based treatment system, 1533 before the completion of the Florida Onsite Sewage Nitrogen 1534 Reduction Strategies Project. This paragraph does not apply to a 1535 governmental entity, including a municipality, county, or 1536 statutorily created commission, which adopted a local law, 1537 ordinance, or regulation on or before January 31, 2012. 1538 Notwithstanding this paragraph, an engineer-designed 1539 performance-based treatment system may be used to meet the 1540 requirements of the variance review and advisory committee 1541 recommendations. 1542 (y)1. An onsite sewage treatment and disposal system is not 1543 considered abandoned if the system is disconnected from a 1544 structure that was made unusable or destroyed following a 1545 disaster and if the system was properly functioning at the time 1546 of disconnection and was not adversely affected by the disaster. 1547 The onsite sewage treatment and disposal system may be 1548 reconnected to a rebuilt structure if: 1549 a. The reconnection of the system is to the same type of 1550 structure which contains the same number of bedrooms or fewer, 1551 if the square footage of the structure is less than or equal to 1552 110 percent of the original square footage of the structure that 1553 existed before the disaster; 1554 b. The system is not a sanitary nuisance; and 1555 c. The system has not been altered without prior 1556 authorization. 1557 2. An onsite sewage treatment and disposal system that 1558 serves a property that is foreclosed upon is not considered 1559 abandoned. 1560 (z) If an onsite sewage treatment and disposal system 1561 permittee receives, relies upon, and undertakes construction of 1562 a system based upon a validly issued construction permit under 1563 rules applicable at the time of construction but a change to a 1564 rule occurs within 5 years after the approval of the system for 1565 construction but before the final approval of the system, the 1566 rules applicable and in effect at the time of construction 1567 approval apply at the time of final approval if fundamental site 1568 conditions have not changed between the time of construction 1569 approval and final approval. 1570 (aa) An existing-system inspection or evaluation and 1571 assessment, or a modification, replacement, or upgrade of an 1572 onsite sewage treatment and disposal system is not required for 1573 a remodeling addition or modification to a single-family home if 1574 a bedroom is not added. However, a remodeling addition or 1575 modification to a single-family home may not cover any part of 1576 the existing system or encroach upon a required setback or the 1577 unobstructed area. To determine if a setback or the unobstructed 1578 area is impacted, the local health department shall review and 1579 verify a floor plan and site plan of the proposed remodeling 1580 addition or modification to the home submitted by a remodeler 1581 which shows the location of the system, including the distance 1582 of the remodeling addition or modification to the home from the 1583 onsite sewage treatment and disposal system. The local health 1584 department may visit the site or otherwise determine the best 1585 means of verifying the information submitted. A verification of 1586 the location of a system is not an inspection or evaluation and 1587 assessment of the system. The review and verification must be 1588 completed within 7 business days after receipt by the local 1589 health department of a floor plan and site plan. If the review 1590 and verification is not completed within such time, the 1591 remodeling addition or modification to the single-family home, 1592 for the purposes of this paragraph, is approved. 1593 Section 18. Paragraph (d) of subsection (7) and subsections 1594 (8) and (9) of section 381.00651, Florida Statutes, are amended 1595 to read: 1596 381.00651 Periodic evaluation and assessment of onsite 1597 sewage treatment and disposal systems.— 1598 (7) The following procedures shall be used for conducting 1599 evaluations: 1600 (d) Assessment procedure.—All evaluation procedures used by 1601 a qualified contractor shall be documented in the environmental 1602 health database of the departmentof Health. The qualified 1603 contractor shall provide a copy of a written, signed evaluation 1604 report to the property owner upon completion of the evaluation 1605 and to the county health department within 30 days after the 1606 evaluation. The report mustshallcontain the name and license 1607 number of the company providing the report. A copy of the 1608 evaluation report shall be retained by the local county health 1609 department for a minimum of 5 years and until a subsequent 1610 inspection report is filed. The front cover of the report must 1611 identify any system failure and include a clear and conspicuous 1612 notice to the owner that the owner has a right to have any 1613 remediation of the failure performed by a qualified contractor 1614 other than the contractor performing the evaluation. The report 1615 must further identify any crack, leak, improper fit, or other 1616 defect in the tank, manhole, or lid, and any other damaged or 1617 missing component; any sewage or effluent visible on the ground 1618 or discharging to a ditch or other surface water body; any 1619 downspout, stormwater, or other source of water directed onto or 1620 toward the system; and any other maintenance need or condition 1621 of the system at the time of the evaluation which, in the 1622 opinion of the qualified contractor, would possibly interfere 1623 with or restrict any future repair or modification to the 1624 existing system. The report shall conclude with an overall 1625 assessment of the fundamental operational condition of the 1626 system. 1627 (8) The county health department, in coordination with the 1628 department, shall administer any evaluation program on behalf of 1629 a county, or a municipality within the county, that has adopted 1630 an evaluation program pursuant to this section. In order to 1631 administer the evaluation program, the county or municipality, 1632 in consultation with the county health department, may develop a 1633 reasonable fee schedule to be used solely to pay for the costs 1634 of administering the evaluation program. Such a fee schedule 1635 shall be identified in the ordinance that adopts the evaluation 1636 program. When arriving at a reasonable fee schedule, the 1637 estimated annual revenues to be derived from fees may not exceed 1638 reasonable estimated annual costs of the program. Fees shall be 1639 assessed to the system owner during an inspection and separately 1640 identified on the invoice of the qualified contractor. Fees 1641 shall be remitted by the qualified contractor to the county 1642 health department. The county health department’s administrative 1643 responsibilities include the following: 1644 (a) Providing a notice to the system owner at least 60 days 1645 before the system is due for an evaluation. The notice may 1646 include information on the proper maintenance of onsite sewage 1647 treatment and disposal systems. 1648 (b) In consultation with the departmentof Health, 1649 providing uniform disciplinary procedures and penalties for 1650 qualified contractors who do not comply with the requirements of 1651 the adopted ordinance, including, but not limited to, failure to 1652 provide the evaluation report as required in this subsection to 1653 the system owner and the county health department. Only the 1654 county health department may assess penalties against system 1655 owners for failure to comply with the adopted ordinance, 1656 consistent with existing requirements of law. 1657 (9)(a) A county or municipality that adopts an onsite 1658 sewage treatment and disposal system evaluation and assessment 1659 program pursuant to this section shall notify the Secretary of 1660 Environmental Protection, the Department of Health, and the 1661 applicable county health department upon the adoption of its 1662 ordinance establishing the program. 1663 (b) Upon receipt of the notice under paragraph (a), the 1664 departmentof Environmental Protectionshall, within existing 1665 resources, notify the county or municipality of the potential 1666 use of, and access to, program funds under the Clean Water State 1667 Revolving Fund or s. 319 of the Clean Water Act, provide 1668 guidance in the application process to receive such moneys, and 1669 provide advice and technical assistance to the county or 1670 municipality on how to establish a low-interest revolving loan 1671 program or how to model a revolving loan program after the low 1672 interest loan program of the Clean Water State Revolving Fund. 1673 This paragraph does not obligate the departmentof Environmental1674Protectionto provide any county or municipality with money to 1675 fund such programs. 1676 (c) The departmentof Healthmay not adopt any rule that 1677 alters the provisions of this section. 1678 (d) The departmentof Healthmust allow county health 1679 departments and qualified contractors access to the 1680 environmental health database to track relevant information and 1681 assimilate data from assessment and evaluation reports of the 1682 overall condition of onsite sewage treatment and disposal 1683 systems. The environmental health database must be used by 1684 contractors to report each service and evaluation event and by a 1685 county health department to notify owners of onsite sewage 1686 treatment and disposal systems when evaluations are due. Data 1687 and information must be recorded and updated as service and 1688 evaluations are conducted and reported. 1689 Section 19. Subsection (1) of section 381.0068, Florida 1690 Statutes, is amended to read: 1691 381.0068 Technical review and advisory panel.— 1692 (1) The Department of Environmental ProtectionHealthshall 1693 establish and staff a technical review and advisory panel to 1694 assist the department with rule adoption. 1695 Section 20. Except as otherwise expressly provided in this 1696 act, this act shall take effect July 1, 2019.