Bill Text: FL S0712 | 2020 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Environmental Resource Management
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2020-07-01 - Chapter No. 2020-150 [S0712 Detail]
Download: Florida-2020-S0712-Comm_Sub.html
Bill Title: Environmental Resource Management
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2020-07-01 - Chapter No. 2020-150 [S0712 Detail]
Download: Florida-2020-S0712-Comm_Sub.html
Florida Senate - 2020 CS for SB 712 By the Committee on Community Affairs; and Senator Mayfield 578-02008A-20 2020712c1 1 A bill to be entitled 2 An act relating to water quality improvements; 3 providing a short title; requiring the Department 4 Health to provide a specified report to the Governor 5 and the Legislature by a specified date; requiring the 6 Department of Health and the Department of 7 Environmental Protection to submit to the Governor and 8 the Legislature, by a specified date, certain 9 recommendations relating to the transfer of the Onsite 10 Sewage Program; requiring the departments to enter 11 into an interagency agreement that meets certain 12 requirements by a specified date; transferring the 13 Onsite Sewage Program within the Department of Health 14 to the Department of Environmental Protection by a 15 type two transfer by a specified date; providing that 16 certain employees retain and transfer certain types of 17 leave upon the transfer; amending s. 373.4131, F.S.; 18 requiring the Department of Environmental Protection 19 to include stormwater structural controls inspections 20 as part of its regular staff training; requiring the 21 department and the water management districts to adopt 22 rules regarding stormwater design and operation by a 23 specified date; amending s. 381.0065, F.S.; conforming 24 provisions to changes made by the act; requiring the 25 department to adopt rules for the location of onsite 26 sewage treatment and disposal systems and complete 27 such rulemaking by a specified date; requiring the 28 department to evaluate certain data relating to the 29 self-certification program and provide the Legislature 30 with recommendations by a specified date; providing 31 that certain provisions relating to existing setback 32 requirements are applicable to permits only until the 33 adoption of certain rules by the department; creating 34 s. 381.00652, F.S.; creating an onsite sewage 35 treatment and disposal systems technical advisory 36 committee within the department; providing the duties 37 and membership of the committee; requiring the 38 committee to submit a report to the Governor and the 39 Legislature by a specified date; providing for the 40 expiration of the committee; repealing s. 381.0068, 41 F.S., relating to a technical review and advisory 42 panel; amending s. 403.061, F.S.; requiring the 43 department to adopt rules relating to the underground 44 pipes of wastewater collection systems; requiring 45 public utilities or their affiliated companies that 46 hold or are seeking a wastewater discharge permit to 47 file certain reports and data with the department; 48 creating s. 403.0616, F.S.; requiring the department, 49 subject to legislative appropriation, to establish a 50 real-time water quality monitoring program; 51 encouraging the formation of public-private 52 partnerships; amending s. 403.067, F.S.; requiring 53 basin management action plans for nutrient total 54 maximum daily loads to include wastewater treatment 55 and onsite sewage treatment and disposal system 56 remediation plans that meet certain requirements; 57 requiring the Department of Agriculture and Consumer 58 Services to collect fertilization and nutrient records 59 from certain agricultural producers and provide the 60 information to the department annually by a specified 61 date; requiring the Department of Agriculture and 62 Consumer Services to perform onsite inspections of the 63 agricultural producers at specified intervals; 64 authorizing certain entities to develop research plans 65 and legislative budget requests relating to best 66 management practices by a specified date; creating s. 67 403.0673, F.S.; establishing a wastewater grant 68 program within the Department of Environmental 69 Protection; authorizing the department to distribute 70 appropriated funds for certain projects; providing 71 requirements for the distribution; requiring the 72 department to coordinate with each water management 73 district to identify grant recipients; requiring an 74 annual report to the Governor and the Legislature by a 75 specified date; creating s. 403.0855, F.S.; providing 76 legislative findings regarding the regulation of 77 biosolids management in this state; requiring the 78 department to adopt rules for biosolids management; 79 exempting the rules from a specified statutory 80 requirement; amending s. 403.086, F.S.; prohibiting 81 facilities for sanitary sewage disposal from disposing 82 of any waste in the Indian River Lagoon beginning on a 83 specified date without first providing advanced waste 84 treatment; requiring facilities for sanitary sewage 85 disposal to have a power outage contingency plan; 86 requiring the facilities to take steps to prevent 87 overflows and leaks and ensure that the water reaches 88 the appropriate facility for treatment; requiring the 89 facilities to provide the Department of Environmental 90 Protection with certain information; requiring the 91 department to adopt rules; amending s. 403.087, F.S.; 92 requiring the department to issue operation permits 93 for domestic wastewater treatment facilities to 94 certain facilities under certain circumstances; 95 amending s. 403.088, F.S.; revising the permit 96 conditions for a water pollution operation permit; 97 requiring the department to submit a report to the 98 Governor and the Legislature by a specified date 99 identifying all wastewater utilities that experienced 100 sanitary sewer overflows within a specified timeframe; 101 amending s. 403.0891, F.S.; requiring model stormwater 102 management programs to contain model ordinances for 103 nutrient reduction practices and green infrastructure; 104 amending s. 403.121, F.S.; providing civil penalties; 105 amending s. 403.885, F.S.; requiring the department to 106 give certain domestic wastewater utilities funding 107 priority within the Water Projects Grant Program; 108 providing a declaration of important state interest; 109 amending ss. 153.54, 153.73, 163.3180, 180.03, 110 311.105, 327.46, 373.250, 373.414, 373.705, 373.707, 111 373.709, 376.307, 380.0552, 381.006, 381.0061, 112 381.0064, 381.00651, 403.08601, 403.0871, 403.0872, 113 403.1835, 403.707, 403.861, 489.551, and 590.02, F.S.; 114 conforming cross-references and provisions to changes 115 made by the act; providing a directive to the Division 116 of Law Revision upon the adoption of certain rules by 117 the Department of Environmental Protection; providing 118 effective dates. 119 120 WHEREAS, nutrients negatively impact groundwater and 121 surface waters in this state and cause the proliferation of 122 algal blooms, and 123 WHEREAS, onsite sewage treatment and disposal systems were 124 designed to manage human waste and are permitted by the 125 Department of Health for that purpose, and 126 WHEREAS, conventional onsite sewage treatment and disposal 127 systems contribute nutrients to groundwater and surface waters 128 across this state which can cause harmful blue-green algal 129 blooms, and 130 WHEREAS, many stormwater systems are designed primarily to 131 divert and control stormwater rather than to remove pollutants, 132 and 133 WHEREAS, most existing stormwater system design criteria 134 fail to consistently meet either the 80 percent or 95 percent 135 target pollutant reduction goals established by the Department 136 of Environmental Protection, and 137 WHEREAS, other significant pollutants often can be removed 138 from stormwater more easily than nutrients and, as a result, 139 design criteria that provide the desired removal efficiencies 140 for nutrients will likely achieve equal or better removal 141 efficiencies for other constituents, and 142 WHEREAS, the Department of Environmental Protection has 143 found that the major causes of sanitary sewer overflows during 144 storm events are infiltration, inflow, and acute power failures, 145 and 146 WHEREAS, the Department of Environmental Protection lacks 147 statutory authority to regulate infiltration and inflow or to 148 require that all lift stations constructed prior to 2003 have 149 emergency backup power, and 150 WHEREAS, sanitary sewer overflows and leaking 151 infrastructure create both a human health concern and a nutrient 152 pollution problem, and 153 WHEREAS, the agricultural sector is a significant 154 contributor to the excess delivery of nutrients to surface 155 waters throughout this state and has been identified as the 156 dominant source of both phosphorus and nitrogen within the Lake 157 Okeechobee watershed and a number of other basin management 158 action plan areas, and 159 WHEREAS, only 75 percent of eligible agricultural parties 160 within the Lake Okeechobee Basin Management Action Plan area are 161 enrolled in an appropriate best management practice and 162 enrollment numbers are considerably less in other basin 163 management action plan areas, and 164 WHEREAS, although agricultural best management practices, 165 by design, should be technically feasible and economically 166 viable, that does not imply that their adoption and full 167 implementation, alone, will alleviate downstream water quality 168 impairments, NOW, THEREFORE, 169 170 Be It Enacted by the Legislature of the State of Florida: 171 172 Section 1. This act may be cited as the “Clean Waterways 173 Act.” 174 Section 2. (1) By July 1, 2020, the Department of Health 175 must provide a report to the Governor, the President of the 176 Senate, and the Speaker of the House of Representatives 177 detailing the following information regarding the Onsite Sewage 178 Program: 179 (a) The average number of permits issued each year; 180 (b) The number of department employees conducting work on 181 or related to the program each year; and 182 (c) The program’s costs and expenditures, including, but 183 not limited to, salaries and benefits, equipment costs, and 184 contracting costs. 185 (2) By December 31, 2020, the Department of Health and the 186 Department of Environmental Protection shall submit 187 recommendations to the Governor, the President of the Senate, 188 and the Speaker of the House of Representatives regarding the 189 transfer of the Onsite Sewage Program from the Department of 190 Health to the Department of Environmental Protection. The 191 recommendations must address all aspects of the transfer, 192 including the continued role of the county health departments in 193 the permitting, inspection, data management, and tracking of 194 onsite sewage treatment and disposal systems under the direction 195 of the Department of Environmental Protection. 196 (3) By June 30, 2021, the Department of Health and the 197 Department of Environmental Protection shall enter into an 198 interagency agreement based on the Department of Health report 199 required under subsection (2) and on recommendations from a plan 200 that must address all agency cooperation for a period not less 201 than 5 years after the transfer, including: 202 (a) The continued role of the county health departments in 203 the permitting, inspection, data management, and tracking of 204 onsite sewage treatment and disposal systems under the direction 205 of the Department of Environmental Protection. 206 (b) The appropriate proportionate number of administrative, 207 auditing, inspector general, attorney, and operational support 208 positions, and their related funding levels and sources and 209 assigned property, to be transferred from the Office of General 210 Counsel, the Office of Inspector General, and the Division of 211 Administrative Services or other relevant offices or divisions 212 within the Department of Health to the Department of 213 Environmental Protection. 214 (c) The development of a recommended plan to address the 215 transfer or shared use of buildings, regional offices, and other 216 facilities used or owned by the Department of Health. 217 (d) Any operating budget adjustments that are necessary to 218 implement the requirements of this act. Adjustments made to the 219 operating budgets of the agencies in the implementation of this 220 act must be made in consultation with the appropriate 221 substantive and fiscal committees of the Senate and the House of 222 Representatives. The revisions to the approved operating budgets 223 for the 2021-2022 fiscal year which are necessary to reflect the 224 organizational changes made by this act must be implemented 225 pursuant to s. 216.292(4)(d), Florida Statutes, and are subject 226 to s. 216.177, Florida Statutes. Subsequent adjustments between 227 the Department of Health and the Department of Environmental 228 Protection which are determined necessary by the respective 229 agencies and approved by the Executive Office of the Governor 230 are authorized and subject to s. 216.177, Florida Statutes. The 231 appropriate substantive committees of the Senate and the House 232 of Representatives must also be notified of the proposed 233 revisions to ensure their consistency with legislative policy 234 and intent. 235 (4) Effective July 1, 2021, all powers, duties, functions, 236 records, offices, personnel, associated administrative support 237 positions, property, pending issues, existing contracts, 238 administrative authority, administrative rules, and unexpended 239 balances of appropriations, allocations, and other funds for the 240 regulation of onsite sewage treatment and disposal systems 241 relating to the Onsite Sewage Program in the Department of 242 Health are transferred by a type two transfer, as defined in s. 243 20.06(2), Florida Statutes, to the Department of Environmental 244 Protection. 245 (5) Notwithstanding chapter 60L-34, Florida Administrative 246 Code, or any law to the contrary, employees who are transferred 247 from the Department of Health to the Department of Environmental 248 Protection to fill positions transferred by this act retain and 249 transfer any accrued annual leave, sick leave, and regular and 250 special compensatory leave balances. 251 Section 3. Subsection (5) of section 373.4131, Florida 252 Statutes, is amended, and subsection (6) is added to that 253 section, to read: 254 373.4131 Statewide environmental resource permitting 255 rules.— 256 (5) To ensure consistent implementation and interpretation 257 of the rules adopted pursuant to this section, the department 258 shall conduct or oversee regular assessment and training of its 259 staff and the staffs of the water management districts and local 260 governments delegated local pollution control program authority 261 under s. 373.441. The training must include coordinating field 262 inspections of publicly and privately owned stormwater 263 structural controls, such as stormwater retention or detention 264 ponds. 265 (6) By January 1, 2021: 266 (a) The department and the water management districts shall 267 initiate rulemaking to update the stormwater design and 268 operation regulations using the most recent scientific 269 information available; and 270 (b) The department shall evaluate inspection data relating 271 to compliance by those entities that self-certify under s. 272 403.814(12) and provide the Legislature with recommendations for 273 improvements to the self-certification program. 274 Section 4. Effective July 1, 2021, present paragraphs (d) 275 through (q) of subsection (2) of section 381.0065, Florida 276 Statutes, are redesignated as paragraphs (e) through (r), 277 respectively, a new paragraph (d) is added to that subsection, 278 and subsections (3) and (4) of that section are amended, to 279 read: 280 381.0065 Onsite sewage treatment and disposal systems; 281 regulation.— 282 (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the 283 term: 284 (d) “Department” means the Department of Environmental 285 Protection. 286 (3) DUTIES AND POWERS OF THE DEPARTMENTOF HEALTH.—The 287 department shall: 288 (a) Adopt rules to administer ss. 381.0065-381.0067, 289 including definitions that are consistent with the definitions 290 in this section,decreases to setback requirements where no291health hazard exists,increases for the lot-flow allowance for 292 performance-based systems, requirements for separation from 293 water table elevation during the wettest season, requirements 294 for the design and construction of any component part of an 295 onsite sewage treatment and disposal system, application and 296 permit requirements for persons who maintain an onsite sewage 297 treatment and disposal system, requirements for maintenance and 298 service agreements for aerobic treatment units and performance 299 based treatment systems, and recommended standards, including 300 disclosure requirements, for voluntary system inspections to be 301 performed by individuals who are authorized by law to perform 302 such inspections and who shall inform a person having ownership, 303 control, or use of an onsite sewage treatment and disposal 304 system of the inspection standards and of that person’s 305 authority to request an inspection based on all or part of the 306 standards. 307 (b) Perform application reviews and site evaluations, issue 308 permits, and conduct inspections and complaint investigations 309 associated with the construction, installation, maintenance, 310 modification, abandonment, operation, use, or repair of an 311 onsite sewage treatment and disposal system for a residence or 312 establishment with an estimated domestic sewage flow of 10,000 313 gallons or less per day, or an estimated commercial sewage flow 314 of 5,000 gallons or less per day, which is not currently 315 regulated under chapter 403. 316 (c) Develop a comprehensive program to ensure that onsite 317 sewage treatment and disposal systems regulated by the 318 department are sized, designed, constructed, installed, sited, 319 repaired, modified, abandoned, used, operated, and maintained in 320 compliance with this section and rules adopted under this 321 section to prevent groundwater contamination, including impacts 322 from nutrient pollution, and surface water contamination and to 323 preserve the public health. The department is the final 324 administrative interpretive authority regarding rule 325 interpretation. In the event of a conflict regarding rule 326 interpretation, the secretary of the departmentState Surgeon327General, or his or her designee, shall timely assign a staff 328 person to resolve the dispute. 329 (d) Grant variances in hardship cases under the conditions 330 prescribed in this section and rules adopted under this section. 331 (e) Permit the use of a limited number of innovative 332 systems for a specific period of time, when there is compelling 333 evidence that the system will function properly and reliably to 334 meet the requirements of this section and rules adopted under 335 this section. 336 (f) Issue annual operating permits under this section. 337 (g) Establish and collect fees as established under s. 338 381.0066 for services provided with respect to onsite sewage 339 treatment and disposal systems. 340 (h) Conduct enforcement activities, including imposing 341 fines, issuing citations, suspensions, revocations, injunctions, 342 and emergency orders for violations of this section, part I of 343 chapter 386, or part III of chapter 489 or for a violation of 344 any rule adopted under this section, part I of chapter 386, or 345 part III of chapter 489. 346 (i) Provide or conduct education and training of department 347 personnel, service providers, and the public regarding onsite 348 sewage treatment and disposal systems. 349 (j) Supervise research on, demonstration of, and training 350 on the performance, environmental impact, and public health 351 impact of onsite sewage treatment and disposal systems within 352 this state. Research fees collected under s. 381.0066(2)(k) must 353 be used to develop and fund hands-on training centers designed 354 to provide practical information about onsite sewage treatment 355 and disposal systems to septic tank contractors, master septic 356 tank contractors, contractors, inspectors, engineers, and the 357 public and must also be used to fund research projects which 358 focus on improvements of onsite sewage treatment and disposal 359 systems, including use of performance-based standards and 360 reduction of environmental impact. Research projects shall be 361 initially approved by the technical review and advisory panel 362 and shall be applicable to and reflect the soil conditions 363 specific to Florida. Such projects shall be awarded through 364 competitive negotiation, using the procedures provided in s. 365 287.055, to public or private entities that have experience in 366 onsite sewage treatment and disposal systems in Florida and that 367 are principally located in Florida. Research projects mayshall368 not be awarded to firms or entities that employ or are 369 associated with persons who serve on either the technical review 370 and advisory panel or the research review and advisory 371 committee. 372 (k) Approve the installation of individual graywater 373 disposal systems in which blackwater is treated by a central 374 sewerage system. 375 (l) Regulate and permit the sanitation, handling, 376 treatment, storage, reuse, and disposal of byproducts from any 377 system regulated under this chapter and not regulated by the 378 Department of Environmental Protection. 379 (m) Permit and inspect portable or temporary toilet 380 services and holding tanks. The department shall review 381 applications, perform site evaluations, and issue permits for 382 the temporary use of holding tanks, privies, portable toilet 383 services, or any other toilet facility that is intended for use 384 on a permanent or nonpermanent basis, including facilities 385 placed on construction sites when workers are present. The 386 department may specify standards for the construction, 387 maintenance, use, and operation of any such facility for 388 temporary use. 389 (n) Regulate and permit maintenance entities for 390 performance-based treatment systems and aerobic treatment unit 391 systems. To ensure systems are maintained and operated according 392 to manufacturer’s specifications and designs, the department 393 shall establish by rule minimum qualifying criteria for 394 maintenance entities. The criteria shall include: training, 395 access to approved spare parts and components, access to 396 manufacturer’s maintenance and operation manuals, and service 397 response time. The maintenance entity shall employ a contractor 398 licensed under s. 489.105(3)(m), or part III of chapter 489, or 399 a state-licensed wastewater plant operator, who is responsible 400 for maintenance and repair of all systems under contract. 401 (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not 402 construct, repair, modify, abandon, or operate an onsite sewage 403 treatment and disposal system without first obtaining a permit 404 approved by the department. The department may issue permits to 405 carry out this section., but shall not make the issuance of such406permits contingent upon prior approval by the Department of407Environmental Protection, except thatThe issuance of a permit 408 for work seaward of the coastal construction control line 409 established under s. 161.053 shall be contingent upon receipt of 410 any required coastal construction control line permit from the 411 departmentof Environmental Protection. A construction permit is 412 valid for 18 months from the issuance date and may be extended 413 by the department for one 90-day period under rules adopted by 414 the department. A repair permit is valid for 90 days from the 415 date of issuance. An operating permit must be obtained before 416prior tothe use of any aerobic treatment unit or if the 417 establishment generates commercial waste. Buildings or 418 establishments that use an aerobic treatment unit or generate 419 commercial waste shall be inspected by the department at least 420 annually to assure compliance with the terms of the operating 421 permit. The operating permit for a commercial wastewater system 422 is valid for 1 year from the date of issuance and must be 423 renewed annually. The operating permit for an aerobic treatment 424 unit is valid for 2 years from the date of issuance and must be 425 renewed every 2 years. If all information pertaining to the 426 siting, location, and installation conditions or repair of an 427 onsite sewage treatment and disposal system remains the same, a 428 construction or repair permit for the onsite sewage treatment 429 and disposal system may be transferred to another person, if the 430 transferee files, within 60 days after the transfer of 431 ownership, an amended application providing all corrected 432 information and proof of ownership of the property. There is no 433 fee associated with the processing of this supplemental 434 information. A person may not contract to construct, modify, 435 alter, repair, service, abandon, or maintain any portion of an 436 onsite sewage treatment and disposal system without being 437 registered under part III of chapter 489. A property owner who 438 personally performs construction, maintenance, or repairs to a 439 system serving his or her own owner-occupied single-family 440 residence is exempt from registration requirements for 441 performing such construction, maintenance, or repairs on that 442 residence, but is subject to all permitting requirements. A 443 municipality or political subdivision of the state may not issue 444 a building or plumbing permit for any building that requires the 445 use of an onsite sewage treatment and disposal system unless the 446 owner or builder has received a construction permit for such 447 system from the department. A building or structure may not be 448 occupied and a municipality, political subdivision, or any state 449 or federal agency may not authorize occupancy until the 450 department approves the final installation of the onsite sewage 451 treatment and disposal system. A municipality or political 452 subdivision of the state may not approve any change in occupancy 453 or tenancy of a building that uses an onsite sewage treatment 454 and disposal system until the department has reviewed the use of 455 the system with the proposed change, approved the change, and 456 amended the operating permit. 457 (a) Subdivisions and lots in which each lot has a minimum 458 area of at least one-half acre and either a minimum dimension of 459 100 feet or a mean of at least 100 feet of the side bordering 460 the street and the distance formed by a line parallel to the 461 side bordering the street drawn between the two most distant 462 points of the remainder of the lot may be developed with a water 463 system regulated under s. 381.0062 and onsite sewage treatment 464 and disposal systems, provided the projected daily sewage flow 465 does not exceed an average of 1,500 gallons per acre per day, 466 and provided satisfactory drinking water can be obtained and all 467 distance and setback, soil condition, water table elevation, and 468 other related requirements of this section and rules adopted 469 under this section can be met. 470 (b) Subdivisions and lots using a public water system as 471 defined in s. 403.852 may use onsite sewage treatment and 472 disposal systems, provided there are no more than four lots per 473 acre, provided the projected daily sewage flow does not exceed 474 an average of 2,500 gallons per acre per day, and provided that 475 all distance and setback, soil condition, water table elevation, 476 and other related requirements that are generally applicable to 477 the use of onsite sewage treatment and disposal systems are met. 478 (c) Notwithstanding paragraphs (a) and (b), for 479 subdivisions platted of record on or before October 1, 1991, 480 when a developer or other appropriate entity has previously made 481 or makes provisions, including financial assurances or other 482 commitments, acceptable to the Departmentof Health, that a 483 central water system will be installed by a regulated public 484 utility based on a density formula, private potable wells may be 485 used with onsite sewage treatment and disposal systems until the 486 agreed-upon densities are reached. In a subdivision regulated by 487 this paragraph, the average daily sewage flow may not exceed 488 2,500 gallons per acre per day. This section does not affect the 489 validity of existing prior agreements. After October 1, 1991, 490 the exception provided under this paragraph is not available to 491 a developer or other appropriate entity. 492 (d) Paragraphs (a) and (b) do not apply to any proposed 493 residential subdivision with more than 50 lots or to any 494 proposed commercial subdivision with more than 5 lots where a 495 publicly owned or investor-owned sewerage system is available. 496 It is the intent of this paragraph not to allow development of 497 additional proposed subdivisions in order to evade the 498 requirements of this paragraph. 499 (e) The department shall adopt rules to locate onsite 500 sewage treatment and disposal systems, including establishing 501 setback distances, to prevent groundwater contamination and 502 surface water contamination and to preserve the public health. 503 The rulemaking process for such rules must be completed by July 504 1, 2022, and the department shall notify the Division of Law 505 Revision of the date such rules are adopted. The rules must 506 consider conventional and advanced onsite sewage treatment and 507 disposal system designs, impaired or degraded water bodies, 508 wastewater and drinking water infrastructure, potable water 509 sources, nonpotable wells, stormwater infrastructure, the onsite 510 sewage treatment and disposal system remediation plans developed 511 pursuant to s. 403.067(7)(a)9.b., nutrient pollution, and the 512 recommendations of the onsite sewage treatment and disposal 513 systems technical advisory committee established pursuant to s. 514 381.00652. 515 (f)(e)Onsite sewage treatment and disposal systems that 516 are permitted before adoption of the rules identified in 517 paragraph (e) maymustnot be placed closer than: 518 1. Seventy-five feet from a private potable well. 519 2. Two hundred feet from a public potable well serving a 520 residential or nonresidential establishment having a total 521 sewage flow of greater than 2,000 gallons per day. 522 3. One hundred feet from a public potable well serving a 523 residential or nonresidential establishment having a total 524 sewage flow of less than or equal to 2,000 gallons per day. 525 4. Fifty feet from any nonpotable well. 526 5. Ten feet from any storm sewer pipe, to the maximum 527 extent possible, but in no instance shall the setback be less 528 than 5 feet. 529 6. Seventy-five feet from the mean high-water line of a 530 tidally influenced surface water body. 531 7. Seventy-five feet from the mean annual flood line of a 532 permanent nontidal surface water body. 533 8. Fifteen feet from the design high-water line of 534 retention areas, detention areas, or swales designed to contain 535 standing or flowing water for less than 72 hours after a 536 rainfall or the design high-water level of normally dry drainage 537 ditches or normally dry individual lot stormwater retention 538 areas. 539(f) Except as provided under paragraphs (e) and (t), no540limitations shall be imposed by rule, relating to the distance541between an onsite disposal system and any area that either542permanently or temporarily has visible surface water.543 (g) All provisions of this section and rules adopted under 544 this section relating to soil condition, water table elevation, 545 distance, and other setback requirements must be equally applied 546 to all lots, with the following exceptions: 547 1. Any residential lot that was platted and recorded on or 548 after January 1, 1972, or that is part of a residential 549 subdivision that was approved by the appropriate permitting 550 agency on or after January 1, 1972, and that was eligible for an 551 onsite sewage treatment and disposal system construction permit 552 on the date of such platting and recording or approval shall be 553 eligible for an onsite sewage treatment and disposal system 554 construction permit, regardless of when the application for a 555 permit is made. If rules in effect at the time the permit 556 application is filed cannot be met, residential lots platted and 557 recorded or approved on or after January 1, 1972, shall, to the 558 maximum extent possible, comply with the rules in effect at the 559 time the permit application is filed. At a minimum, however, 560 those residential lots platted and recorded or approved on or 561 after January 1, 1972, but before January 1, 1983, shall comply 562 with those rules in effect on January 1, 1983, and those 563 residential lots platted and recorded or approved on or after 564 January 1, 1983, shall comply with those rules in effect at the 565 time of such platting and recording or approval. In determining 566 the maximum extent of compliance with current rules that is 567 possible, the department shall allow structures and 568 appurtenances thereto which were authorized at the time such 569 lots were platted and recorded or approved. 570 2. Lots platted before 1972 are subject to a 50-foot 571 minimum surface water setback and are not subject to lot size 572 requirements. The projected daily flow for onsite sewage 573 treatment and disposal systems for lots platted before 1972 may 574 not exceed: 575 a. Two thousand five hundred gallons per acre per day for 576 lots served by public water systems as defined in s. 403.852. 577 b. One thousand five hundred gallons per acre per day for 578 lots served by water systems regulated under s. 381.0062. 579 (h)1. The department may grant variances in hardship cases 580 which may be less restrictive thanthe provisionsspecified in 581 this section. If a variance is granted and the onsite sewage 582 treatment and disposal system construction permit has been 583 issued, the variance may be transferred with the system 584 construction permit, if the transferee files, within 60 days 585 after the transfer of ownership, an amended construction permit 586 application providing all corrected information and proof of 587 ownership of the property and if the same variance would have 588 been required for the new owner of the property as was 589 originally granted to the original applicant for the variance. 590 There is no fee associated with the processing of this 591 supplemental information. A variance may not be granted under 592 this section until the department is satisfied that: 593 a. The hardship was not caused intentionally by the action 594 of the applicant; 595 b. No reasonable alternative, taking into consideration 596 factors such as cost, exists for the treatment of the sewage; 597 and 598 c. The discharge from the onsite sewage treatment and 599 disposal system will not adversely affect the health of the 600 applicant or the public or significantly degrade the groundwater 601 or surface waters. 602 603 Where soil conditions, water table elevation, and setback 604 provisions are determined by the department to be satisfactory, 605 special consideration must be given to those lots platted before 606 1972. 607 2. The department shall appoint and staff a variance review 608 and advisory committee, which shall meet monthly to recommend 609 agency action on variance requests. The committee shall make its 610 recommendations on variance requests at the meeting in which the 611 application is scheduled for consideration, except for an 612 extraordinary change in circumstances, the receipt of new 613 information that raises new issues, or when the applicant 614 requests an extension. The committee shall consider the criteria 615 in subparagraph 1. in its recommended agency action on variance 616 requests and shall also strive to allow property owners the full 617 use of their land where possible. The committee consists of the 618 following: 619 a. The Secretary of Environmental ProtectionState Surgeon620Generalor his or her designee. 621 b. A representative from the county health departments. 622 c. A representative from the home building industry 623 recommended by the Florida Home Builders Association. 624 d. A representative from the septic tank industry 625 recommended by the Florida Onsite Wastewater Association. 626 e. A representative from the Department of Health 627Environmental Protection. 628 f. A representative from the real estate industry who is 629 also a developer in this state who develops lots using onsite 630 sewage treatment and disposal systems, recommended by the 631 Florida Association of Realtors. 632 g. A representative from the engineering profession 633 recommended by the Florida Engineering Society. 634 635 Members shall be appointed for a term of 3 years, with such 636 appointments being staggered so that the terms of no more than 637 two members expire in any one year. Members shall serve without 638 remuneration, but if requested, shall be reimbursed for per diem 639 and travel expenses as provided in s. 112.061. 640 (i) A construction permit may not be issued for an onsite 641 sewage treatment and disposal system in any area zoned or used 642 for industrial or manufacturing purposes, or its equivalent, 643 where a publicly owned or investor-owned sewage treatment system 644 is available, or where a likelihood exists that the system will 645 receive toxic, hazardous, or industrial waste. An existing 646 onsite sewage treatment and disposal system may be repaired if a 647 publicly owned or investor-owned sewerage system is not 648 available within 500 feet of the building sewer stub-out and if 649 system construction and operation standards can be met. This 650 paragraph does not require publicly owned or investor-owned 651 sewerage treatment systems to accept anything other than 652 domestic wastewater. 653 1. A building located in an area zoned or used for 654 industrial or manufacturing purposes, or its equivalent, when 655 such building is served by an onsite sewage treatment and 656 disposal system, must not be occupied until the owner or tenant 657 has obtained written approval from the department. The 658 department mayshallnot grant approval when the proposed use of 659 the system is to dispose of toxic, hazardous, or industrial 660 wastewater or toxic or hazardous chemicals. 661 2. Each person who owns or operates a business or facility 662 in an area zoned or used for industrial or manufacturing 663 purposes, or its equivalent, or who owns or operates a business 664 that has the potential to generate toxic, hazardous, or 665 industrial wastewater or toxic or hazardous chemicals, and uses 666 an onsite sewage treatment and disposal system that is installed 667 on or after July 5, 1989, must obtain an annual system operating 668 permit from the department. A person who owns or operates a 669 business that uses an onsite sewage treatment and disposal 670 system that was installed and approved before July 5, 1989, need 671 not obtain a system operating permit. However, upon change of 672 ownership or tenancy, the new owner or operator must notify the 673 department of the change, and the new owner or operator must 674 obtain an annual system operating permit, regardless of the date 675 that the system was installed or approved. 676 3. The department shall periodically review and evaluate 677 the continued use of onsite sewage treatment and disposal 678 systems in areas zoned or used for industrial or manufacturing 679 purposes, or its equivalent, and may require the collection and 680 analyses of samples from within and around such systems. If the 681 department finds that toxic or hazardous chemicals or toxic, 682 hazardous, or industrial wastewater have been or are being 683 disposed of through an onsite sewage treatment and disposal 684 system, the department shall initiate enforcement actions 685 against the owner or tenant to ensure adequate cleanup, 686 treatment, and disposal. 687 (j) An onsite sewage treatment and disposal system designed 688 by a professional engineer registered in the state and certified 689 by such engineer as complying with performance criteria adopted 690 by the department must be approved by the department subject to 691 the following: 692 1. The performance criteria applicable to engineer-designed 693 systems must be limited to those necessary to ensure that such 694 systems do not adversely affect the public health or 695 significantly degrade the groundwater or surface water. Such 696 performance criteria shall include consideration of the quality 697 of system effluent, the proposed total sewage flow per acre, 698 wastewater treatment capabilities of the natural or replaced 699 soil, water quality classification of the potential surface 700 water-receiving body, and the structural and maintenance 701 viability of the system for the treatment of domestic 702 wastewater. However, performance criteria shall address only the 703 performance of a system and not a system’s design. 704 2. A person electing to utilize an engineer-designed system 705 shall, upon completion of the system design, submit such design, 706 certified by a registered professional engineer, to the county 707 health department. The county health department may utilize an 708 outside consultant to review the engineer-designed system, with 709 the actual cost of such review to be borne by the applicant. 710 Within 5 working days after receiving an engineer-designed 711 system permit application, the county health department shall 712 request additional information if the application is not 713 complete. Within 15 working days after receiving a complete 714 application for an engineer-designed system, the county health 715 department either shall issue the permit or, if it determines 716 that the system does not comply with the performance criteria, 717 shall notify the applicant of that determination and refer the 718 application to the department for a determination as to whether 719 the system should be approved, disapproved, or approved with 720 modification. The department engineer’s determination shall 721 prevail over the action of the county health department. The 722 applicant shall be notified in writing of the department’s 723 determination and of the applicant’s rights to pursue a variance 724 or seek review underthe provisions ofchapter 120. 725 3. The owner of an engineer-designed performance-based 726 system must maintain a current maintenance service agreement 727 with a maintenance entity permitted by the department. The 728 maintenance entity shall inspect each system at least twice each 729 year and shall report quarterly to the department on the number 730 of systems inspected and serviced. The reports may be submitted 731 electronically. 732 4. The property owner of an owner-occupied, single-family 733 residence may be approved and permitted by the department as a 734 maintenance entity for his or her own performance-based 735 treatment system upon written certification from the system 736 manufacturer’s approved representative that the property owner 737 has received training on the proper installation and service of 738 the system. The maintenance service agreement must conspicuously 739 disclose that the property owner has the right to maintain his 740 or her own system and is exempt from contractor registration 741 requirements for performing construction, maintenance, or 742 repairs on the system but is subject to all permitting 743 requirements. 744 5. The property owner shall obtain a biennial system 745 operating permit from the department for each system. The 746 department shall inspect the system at least annually, or on 747 such periodic basis as the fee collected permits, and may 748 collect system-effluent samples if appropriate to determine 749 compliance with the performance criteria. The fee for the 750 biennial operating permit shall be collected beginning with the 751 second year of system operation. 752 6. If an engineer-designed system fails to properly 753 function or fails to meet performance standards, the system 754 shall be re-engineered, if necessary, to bring the system into 755 compliance withthe provisions ofthis section. 756 (k) An innovative system may be approved in conjunction 757 with an engineer-designed site-specific system which is 758 certified by the engineer to meet the performance-based criteria 759 adopted by the department. 760 (l) For the Florida Keys, the department shall adopt a 761 special rule for the construction, installation, modification, 762 operation, repair, maintenance, and performance of onsite sewage 763 treatment and disposal systems which considers the unique soil 764 conditions and water table elevations, densities, and setback 765 requirements. On lots where a setback distance of 75 feet from 766 surface waters, saltmarsh, and buttonwood association habitat 767 areas cannot be met, an injection well, approved and permitted 768 by the department, may be used for disposal of effluent from 769 onsite sewage treatment and disposal systems. The following 770 additional requirements apply to onsite sewage treatment and 771 disposal systems in Monroe County: 772 1. The county, each municipality, and those special 773 districts established for the purpose of the collection, 774 transmission, treatment, or disposal of sewage shall ensure, in 775 accordance with the specific schedules adopted by the 776 Administration Commission under s. 380.0552, the completion of 777 onsite sewage treatment and disposal system upgrades to meet the 778 requirements of this paragraph. 779 2. Onsite sewage treatment and disposal systems must cease 780 discharge by December 31, 2015, or must comply with department 781 rules and provide the level of treatment which, on a permitted 782 annual average basis, produces an effluent that contains no more 783 than the following concentrations: 784 a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l. 785 b. Suspended Solids of 10 mg/l. 786 c. Total Nitrogen, expressed as N, of 10 mg/l or a 787 reduction in nitrogen of at least 70 percent. A system that has 788 been tested and certified to reduce nitrogen concentrations by 789 at least 70 percent shall be deemed to be in compliance with 790 this standard. 791 d. Total Phosphorus, expressed as P, of 1 mg/l. 792 793 In addition, onsite sewage treatment and disposal systems 794 discharging to an injection well must provide basic disinfection 795 as defined by department rule. 796 3. In areas not scheduled to be served by a central sewer, 797 onsite sewage treatment and disposal systems must, by December 798 31, 2015, comply with department rules and provide the level of 799 treatment described in subparagraph 2. 800 4. In areas scheduled to be served by central sewer by 801 December 31, 2015, if the property owner has paid a connection 802 fee or assessment for connection to the central sewer system, 803 the property owner may install a holding tank with a high water 804 alarm or an onsite sewage treatment and disposal system that 805 meets the following minimum standards: 806 a. The existing tanks must be pumped and inspected and 807 certified as being watertight and free of defects in accordance 808 with department rule; and 809 b. A sand-lined drainfield or injection well in accordance 810 with department rule must be installed. 811 5. Onsite sewage treatment and disposal systems must be 812 monitored for total nitrogen and total phosphorus concentrations 813 as required by department rule. 814 6. The department shall enforce proper installation, 815 operation, and maintenance of onsite sewage treatment and 816 disposal systems pursuant to this chapter, including ensuring 817 that the appropriate level of treatment described in 818 subparagraph 2. is met. 819 7. The authority of a local government, including a special 820 district, to mandate connection of an onsite sewage treatment 821 and disposal system is governed by s. 4, chapter 99-395, Laws of 822 Florida. 823 8. Notwithstanding any otherprovision oflaw, an onsite 824 sewage treatment and disposal system installed after July 1, 825 2010, in unincorporated Monroe County, excluding special 826 wastewater districts, that complies with the standards in 827 subparagraph 2. is not required to connect to a central sewer 828 system until December 31, 2020. 829 (m) No product sold in the state for use in onsite sewage 830 treatment and disposal systems may contain any substance in 831 concentrations or amounts that would interfere with or prevent 832 the successful operation of such system, or that would cause 833 discharges from such systems to violate applicable water quality 834 standards. The department shall publish criteria for products 835 known or expected to meet the conditions of this paragraph. In 836 the event a product does not meet such criteria, such product 837 may be sold if the manufacturer satisfactorily demonstrates to 838 the department that the conditions of this paragraph are met. 839 (n) Evaluations for determining the seasonal high-water 840 table elevations or the suitability of soils for the use of a 841 new onsite sewage treatment and disposal system shall be 842 performed by department personnel, professional engineers 843 registered in the state, or such other persons with expertise, 844 as defined by rule, in making such evaluations. Evaluations for 845 determining mean annual flood lines shall be performed by those 846 persons identified in paragraph (2)(k)(2)(j). The department 847 shall accept evaluations submitted by professional engineers and 848 such other persons as meet the expertise established by this 849 section or by rule unless the department has a reasonable 850 scientific basis for questioning the accuracy or completeness of 851 the evaluation. 852 (o) The department shall appoint a research review and 853 advisory committee, which shall meet at least semiannually. The 854 committee shall advise the department on directions for new 855 research, review and rank proposals for research contracts, and 856 review draft research reports and make comments. The committee 857 is comprised of: 858 1. A representative of the Secretary of Environmental 859 ProtectionState Surgeon General, or his or her designee. 860 2. A representative from the septic tank industry. 861 3. A representative from the home building industry. 862 4. A representative from an environmental interest group. 863 5. A representative from the State University System, from 864 a department knowledgeable about onsite sewage treatment and 865 disposal systems. 866 6. A professional engineer registered in this state who has 867 work experience in onsite sewage treatment and disposal systems. 868 7. A representative from local government who is 869 knowledgeable about domestic wastewater treatment. 870 8. A representative from the real estate profession. 871 9. A representative from the restaurant industry. 872 10. A consumer. 873 874 Members shall be appointed for a term of 3 years, with the 875 appointments being staggered so that the terms of no more than 876 four members expire in any one year. Members shall serve without 877 remuneration, but are entitled to reimbursement for per diem and 878 travel expenses as provided in s. 112.061. 879 (p) An application for an onsite sewage treatment and 880 disposal system permit shall be completed in full, signed by the 881 owner or the owner’s authorized representative, or by a 882 contractor licensed under chapter 489, and shall be accompanied 883 by all required exhibits and fees. No specific documentation of 884 property ownership shall be required as a prerequisite to the 885 review of an application or the issuance of a permit. The 886 issuance of a permit does not constitute determination by the 887 department of property ownership. 888 (q) The department may not require any form of subdivision 889 analysis of property by an owner, developer, or subdivider prior 890 to submission of an application for an onsite sewage treatment 891 and disposal system. 892 (r) Nothing in this section limits the power of a 893 municipality or county to enforce other laws for the protection 894 of the public health and safety. 895 (s) In the siting of onsite sewage treatment and disposal 896 systems, including drainfields, shoulders, and slopes, guttering 897 mayshallnot be required on single-family residential dwelling 898 units for systems located greater than 5 feet from the roof drip 899 line of the house. If guttering is used on residential dwelling 900 units, the downspouts shall be directed away from the 901 drainfield. 902 (t) Notwithstandingthe provisions ofsubparagraph (g)1., 903 onsite sewage treatment and disposal systems located in 904 floodways of the Suwannee and Aucilla Rivers must adhere to the 905 following requirements: 906 1. The absorption surface of the drainfield mayshallnot 907 be subject to flooding based on 10-year flood elevations. 908 Provided, however, for lots or parcels created by the 909 subdivision of land in accordance with applicable local 910 government regulations prior to January 17, 1990, if an 911 applicant cannot construct a drainfield system with the 912 absorption surface of the drainfield at an elevation equal to or 913 above 10-year flood elevation, the department shall issue a 914 permit for an onsite sewage treatment and disposal system within 915 the 10-year floodplain of rivers, streams, and other bodies of 916 flowing water if all of the following criteria are met: 917 a. The lot is at least one-half acre in size; 918 b. The bottom of the drainfield is at least 36 inches above 919 the 2-year flood elevation; and 920 c. The applicant installs either: a waterless, 921 incinerating, or organic waste composting toilet and a graywater 922 system and drainfield in accordance with department rules; an 923 aerobic treatment unit and drainfield in accordance with 924 department rules; a system approved by the State Health Office 925 that is capable of reducing effluent nitrate by at least 50 926 percent; or a system approved by the county health department 927 pursuant to department rule other than a system using 928 alternative drainfield materials. The United States Department 929 of Agriculture Soil Conservation Service soil maps, State of 930 Florida Water Management District data, and Federal Emergency 931 Management Agency Flood Insurance maps are resources that shall 932 be used to identify flood-prone areas. 933 2. The use of fill or mounding to elevate a drainfield 934 system out of the 10-year floodplain of rivers, streams, or 935 other bodies of flowing water mayshallnot be permitted if such 936 a system lies within a regulatory floodway of the Suwannee and 937 Aucilla Rivers. In cases where the 10-year flood elevation does 938 not coincide with the boundaries of the regulatory floodway, the 939 regulatory floodway will be considered for the purposes of this 940 subsection to extend at a minimum to the 10-year flood 941 elevation. 942 (u)1. The owner of an aerobic treatment unit system shall 943 maintain a current maintenance service agreement with an aerobic 944 treatment unit maintenance entity permitted by the department. 945 The maintenance entity shall inspect each aerobic treatment unit 946 system at least twice each year and shall report quarterly to 947 the department on the number of aerobic treatment unit systems 948 inspected and serviced. The reports may be submitted 949 electronically. 950 2. The property owner of an owner-occupied, single-family 951 residence may be approved and permitted by the department as a 952 maintenance entity for his or her own aerobic treatment unit 953 system upon written certification from the system manufacturer’s 954 approved representative that the property owner has received 955 training on the proper installation and service of the system. 956 The maintenance entity service agreement must conspicuously 957 disclose that the property owner has the right to maintain his 958 or her own system and is exempt from contractor registration 959 requirements for performing construction, maintenance, or 960 repairs on the system but is subject to all permitting 961 requirements. 962 3. A septic tank contractor licensed under part III of 963 chapter 489, if approved by the manufacturer, may not be denied 964 access by the manufacturer to aerobic treatment unit system 965 training or spare parts for maintenance entities. After the 966 original warranty period, component parts for an aerobic 967 treatment unit system may be replaced with parts that meet 968 manufacturer’s specifications but are manufactured by others. 969 The maintenance entity shall maintain documentation of the 970 substitute part’s equivalency for 2 years and shall provide such 971 documentation to the department upon request. 972 4. The owner of an aerobic treatment unit system shall 973 obtain a system operating permit from the department and allow 974 the department to inspect during reasonable hours each aerobic 975 treatment unit system at least annually, and such inspection may 976 include collection and analysis of system-effluent samples for 977 performance criteria established by rule of the department. 978 (v) The department may require the submission of detailed 979 system construction plans that are prepared by a professional 980 engineer registered in this state. The department shall 981 establish by rule criteria for determining when such a 982 submission is required. 983 (w) Any permit issued and approved by the department for 984 the installation, modification, or repair of an onsite sewage 985 treatment and disposal system shall transfer with the title to 986 the property in a real estate transaction. A title may not be 987 encumbered at the time of transfer by new permit requirements by 988 a governmental entity for an onsite sewage treatment and 989 disposal system which differ from the permitting requirements in 990 effect at the time the system was permitted, modified, or 991 repaired. An inspection of a system may not be mandated by a 992 governmental entity at the point of sale in a real estate 993 transaction. This paragraph does not affect a septic tank phase 994 out deferral program implemented by a consolidated government as 995 defined in s. 9, Art. VIII of the State Constitution (1885). 996 (x) A governmental entity, including a municipality, 997 county, or statutorily created commission, may not require an 998 engineer-designed performance-based treatment system, excluding 999 a passive engineer-designed performance-based treatment system, 1000 before the completion of the Florida Onsite Sewage Nitrogen 1001 Reduction Strategies Project. This paragraph does not apply to a 1002 governmental entity, including a municipality, county, or 1003 statutorily created commission, which adopted a local law, 1004 ordinance, or regulation on or before January 31, 2012. 1005 Notwithstanding this paragraph, an engineer-designed 1006 performance-based treatment system may be used to meet the 1007 requirements of the variance review and advisory committee 1008 recommendations. 1009 (y)1. An onsite sewage treatment and disposal system is not 1010 considered abandoned if the system is disconnected from a 1011 structure that was made unusable or destroyed following a 1012 disaster and if the system was properly functioning at the time 1013 of disconnection and was not adversely affected by the disaster. 1014 The onsite sewage treatment and disposal system may be 1015 reconnected to a rebuilt structure if: 1016 a. The reconnection of the system is to the same type of 1017 structure which contains the same number of bedrooms or fewer, 1018 if the square footage of the structure is less than or equal to 1019 110 percent of the original square footage of the structure that 1020 existed before the disaster; 1021 b. The system is not a sanitary nuisance; and 1022 c. The system has not been altered without prior 1023 authorization. 1024 2. An onsite sewage treatment and disposal system that 1025 serves a property that is foreclosed upon is not considered 1026 abandoned. 1027 (z) If an onsite sewage treatment and disposal system 1028 permittee receives, relies upon, and undertakes construction of 1029 a system based upon a validly issued construction permit under 1030 rules applicable at the time of construction but a change to a 1031 rule occurs within 5 years after the approval of the system for 1032 construction but before the final approval of the system, the 1033 rules applicable and in effect at the time of construction 1034 approval apply at the time of final approval if fundamental site 1035 conditions have not changed between the time of construction 1036 approval and final approval. 1037 (aa) An existing-system inspection or evaluation and 1038 assessment, or a modification, replacement, or upgrade of an 1039 onsite sewage treatment and disposal system is not required for 1040 a remodeling addition or modification to a single-family home if 1041 a bedroom is not added. However, a remodeling addition or 1042 modification to a single-family home may not cover any part of 1043 the existing system or encroach upon a required setback or the 1044 unobstructed area. To determine if a setback or the unobstructed 1045 area is impacted, the local health department shall review and 1046 verify a floor plan and site plan of the proposed remodeling 1047 addition or modification to the home submitted by a remodeler 1048 which shows the location of the system, including the distance 1049 of the remodeling addition or modification to the home from the 1050 onsite sewage treatment and disposal system. The local health 1051 department may visit the site or otherwise determine the best 1052 means of verifying the information submitted. A verification of 1053 the location of a system is not an inspection or evaluation and 1054 assessment of the system. The review and verification must be 1055 completed within 7 business days after receipt by the local 1056 health department of a floor plan and site plan. If the review 1057 and verification is not completed within such time, the 1058 remodeling addition or modification to the single-family home, 1059 for the purposes of this paragraph, is approved. 1060 Section 5. Section 381.00652, Florida Statutes, is created 1061 to read: 1062 381.00652 Onsite sewage treatment and disposal systems 1063 technical advisory committee.— 1064 (1) An onsite sewage treatment and disposal systems 1065 technical advisory committee, a committee as defined in s. 1066 20.03(8), is created within the department. The committee shall: 1067 (a) Provide recommendations to increase the availability in 1068 the marketplace of nutrient-removing onsite sewage treatment and 1069 disposal systems, including systems that are cost-effective, 1070 low-maintenance, and reliable. 1071 (b) Consider and recommend regulatory options, such as 1072 fast-track approval, prequalification, or expedited permitting, 1073 to facilitate the introduction and use of nutrient-removing 1074 onsite sewage treatment and disposal systems that have been 1075 reviewed and approved by a national agency or organization, such 1076 as the American National Standards Institute 245 systems 1077 approved by the National Sanitation Foundation International. 1078 (c) Provide recommendations for appropriate setback 1079 distances for onsite sewage treatment and disposal systems from 1080 surface water, groundwater, and wells. 1081 (2) The department shall use existing and available 1082 resources to administer and support the activities of the 1083 committee. 1084 (3)(a) By August 1, 2021, the department, in consultation 1085 with the Department of Health, shall appoint no more than nine 1086 members to the committee, including, but not limited to, the 1087 following: 1088 1. A professional engineer. 1089 2. A septic tank contractor. 1090 3. A representative from the home building industry. 1091 4. A representative from the real estate industry. 1092 5. A representative from the onsite sewage treatment and 1093 disposal system industry. 1094 6. A representative from local government. 1095 7. Two representatives from the environmental community. 1096 8. A representative of the scientific and technical 1097 community who has substantial expertise in the areas of the fate 1098 and transport of water pollutants, toxicology, epidemiology, 1099 geology, biology, or environmental sciences. 1100 (b) Members shall serve without compensation and are not 1101 entitled to reimbursement for per diem or travel expenses. 1102 (4) By January 1, 2022, the committee shall submit its 1103 recommendations to the Governor, the President of the Senate, 1104 and the Speaker of the House of Representatives. 1105 (5) This section expires August 15, 2022. 1106 (6) For purposes of this section, the term “department” 1107 means the Department of Environmental Protection. 1108 Section 6. Effective July 1, 2021, section 381.0068, 1109 Florida Statutes, is repealed. 1110 Section 7. Present subsections (14) through (44) of section 1111 403.061, Florida Statutes, are redesignated as subsections (15) 1112 through (45), respectively, a new subsection (14) is added to 1113 that section, and subsection (7) of that section is amended, to 1114 read: 1115 403.061 Department; powers and duties.—The department shall 1116 have the power and the duty to control and prohibit pollution of 1117 air and water in accordance with the law and rules adopted and 1118 promulgated by it and, for this purpose, to: 1119 (7) Adopt rulespursuant to ss. 120.536(1) and 120.54to 1120 implementthe provisions ofthis act. Any rule adopted pursuant 1121 to this act mustshallbe consistent with the provisions of 1122 federal law, if any, relating to control of emissions from motor 1123 vehicles, effluent limitations, pretreatment requirements, or 1124 standards of performance. ANocounty, municipality, or 1125 political subdivision may notshalladopt or enforce any local 1126 ordinance, special law, or local regulation requiring the 1127 installation of Stage II vapor recovery systems, as currently 1128 defined by department rule, unless such county, municipality, or 1129 political subdivision is or has been in the past designated by 1130 federal regulation as a moderate, serious, or severe ozone 1131 nonattainment area. Rules adopted pursuant to this act mayshall1132 not require dischargers of waste into waters of the state to 1133 improve natural background conditions. The department shall 1134 adopt rules to reasonably limit, reduce, and eliminate leaks, 1135 seepages, or inputs into the underground pipes of wastewater 1136 collection systems. Discharges from steam electric generating 1137 plants existing or licensed under this chapter on July 1, 1984, 1138 mayshallnot be required to be treated to a greater extent than 1139 may be necessary to assure that the quality of nonthermal 1140 components of discharges from nonrecirculated cooling water 1141 systems is as high as the quality of the makeup waters; that the 1142 quality of nonthermal components of discharges from recirculated 1143 cooling water systems is no lower than is allowed for blowdown 1144 from such systems; or that the quality of noncooling system 1145 discharges which receive makeup water from a receiving body of 1146 water which does not meet applicable department water quality 1147 standards is as high as the quality of the receiving body of 1148 water. The department may not adopt standards more stringent 1149 than federal regulations, except as provided in s. 403.804. 1150 (14) In order to promote resilient utilities, require 1151 public utilities or their affiliated companies that hold or are 1152 seeking a wastewater discharge permit to file reports and other 1153 data regarding transactions or allocations of common costs among 1154 the utility or entity and such affiliated companies. The 1155 department may require such reports or other data necessary to 1156 ensure a permitted entity is reporting expenditures on pollution 1157 mitigation and prevention, including, but not limited to, the 1158 prevention of sanitary sewer overflows, collection and 1159 transmission system pipe leakages, and inflow and infiltration. 1160 The department shall adopt rules to implement this subsection. 1161 1162 The department shall implement such programs in conjunction with 1163 its other powers and duties and shall place special emphasis on 1164 reducing and eliminating contamination that presents a threat to 1165 humans, animals or plants, or to the environment. 1166 Section 8. Section 403.0616, Florida Statutes, is created 1167 to read: 1168 403.0616 Real-time water quality monitoring program.– 1169 (1) Subject to appropriation, the department shall 1170 establish a real-time water quality monitoring program to assist 1171 in the restoration, preservation, and enhancement of impaired 1172 waterbodies and coastal resources. 1173 (2) In order to expedite the creation and implementation of 1174 the program, the department is encouraged to form public-private 1175 partnerships with established scientific entities that have 1176 proven existing real-time water quality monitoring equipment and 1177 experience in deploying the equipment. 1178 Section 9. Subsection (7) of section 403.067, Florida 1179 Statutes, is amended to read: 1180 403.067 Establishment and implementation of total maximum 1181 daily loads.— 1182 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND 1183 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.— 1184 (a) Basin management action plans.— 1185 1. In developing and implementing the total maximum daily 1186 load for a water body, the department, or the department in 1187 conjunction with a water management district, may develop a 1188 basin management action plan that addresses some or all of the 1189 watersheds and basins tributary to the water body. Such plan 1190 must integrate the appropriate management strategies available 1191 to the state through existing water quality protection programs 1192 to achieve the total maximum daily loads and may provide for 1193 phased implementation of these management strategies to promote 1194 timely, cost-effective actions as provided for in s. 403.151. 1195 The plan must establish a schedule implementing the management 1196 strategies, establish a basis for evaluating the plan’s 1197 effectiveness, and identify feasible funding strategies for 1198 implementing the plan’s management strategies. The management 1199 strategies may include regional treatment systems or other 1200 public works, where appropriate, and voluntary trading of water 1201 quality credits to achieve the needed pollutant load reductions. 1202 2. A basin management action plan must equitably allocate, 1203 pursuant to paragraph (6)(b), pollutant reductions to individual 1204 basins, as a whole to all basins, or to each identified point 1205 source or category of nonpoint sources, as appropriate. For 1206 nonpoint sources for which best management practices have been 1207 adopted, the initial requirement specified by the plan must be 1208 those practices developed pursuant to paragraph (c). WhenWhere1209 appropriate, the plan may take into account the benefits of 1210 pollutant load reduction achieved by point or nonpoint sources 1211 that have implemented management strategies to reduce pollutant 1212 loads, including best management practices, before the 1213 development of the basin management action plan. The plan must 1214 also identify the mechanisms that will address potential future 1215 increases in pollutant loading. 1216 3. The basin management action planning process is intended 1217 to involve the broadest possible range of interested parties, 1218 with the objective of encouraging the greatest amount of 1219 cooperation and consensus possible. In developing a basin 1220 management action plan, the department shall assure that key 1221 stakeholders, including, but not limited to, applicable local 1222 governments, water management districts, the Department of 1223 Agriculture and Consumer Services, other appropriate state 1224 agencies, local soil and water conservation districts, 1225 environmental groups, regulated interests, and affected 1226 pollution sources, are invited to participate in the process. 1227 The department shall hold at least one public meeting in the 1228 vicinity of the watershed or basin to discuss and receive 1229 comments during the planning process and shall otherwise 1230 encourage public participation to the greatest practicable 1231 extent. Notice of the public meeting must be published in a 1232 newspaper of general circulation in each county in which the 1233 watershed or basin lies at leastnot less than5 days, but not 1234normore than 15 days, before the public meeting. A basin 1235 management action plan does not supplant or otherwise alter any 1236 assessment made under subsection (3) or subsection (4) or any 1237 calculation or initial allocation. 1238 4. Each new or revised basin management action plan shall 1239 include: 1240 a. The appropriate management strategies available through 1241 existing water quality protection programs to achieve total 1242 maximum daily loads, which may provide for phased implementation 1243 to promote timely, cost-effective actions as provided for in s. 1244 403.151; 1245 b. A description of best management practices adopted by 1246 rule; 1247 c. A list of projects in priority ranking with a planning 1248 level cost estimate and estimated date of completion for each 1249 listed project; 1250 d. The source and amount of financial assistance to be made 1251 available by the department, a water management district, or 1252 other entity for each listed project, if applicable; and 1253 e. A planning-level estimate of each listed project’s 1254 expected load reduction, if applicable. 1255 5. The department shall adopt all or any part of a basin 1256 management action plan and any amendment to such plan by 1257 secretarial order pursuant to chapter 120 to implementthe1258provisions ofthis section. 1259 6. The basin management action plan must include milestones 1260 for implementation and water quality improvement, and an 1261 associated water quality monitoring component sufficient to 1262 evaluate whether reasonable progress in pollutant load 1263 reductions is being achieved over time. An assessment of 1264 progress toward these milestones shall be conducted every 5 1265 years, and revisions to the plan shall be made as appropriate. 1266 Revisions to the basin management action plan shall be made by 1267 the department in cooperation with basin stakeholders. Revisions 1268 to the management strategies required for nonpoint sources must 1269 follow the procedures set forth in subparagraph (c)4. Revised 1270 basin management action plans must be adopted pursuant to 1271 subparagraph 5. 1272 7. In accordance with procedures adopted by rule under 1273 paragraph (9)(c), basin management action plans, and other 1274 pollution control programs under local, state, or federal 1275 authority as provided in subsection (4), may allow point or 1276 nonpoint sources that will achieve greater pollutant reductions 1277 than required by an adopted total maximum daily load or 1278 wasteload allocation to generate, register, and trade water 1279 quality credits for the excess reductions to enable other 1280 sources to achieve their allocation; however, the generation of 1281 water quality credits does not remove the obligation of a source 1282 or activity to meet applicable technology requirements or 1283 adopted best management practices. Such plans must allow trading 1284 between NPDES permittees, and trading that may or may not 1285 involve NPDES permittees, where the generation or use of the 1286 credits involve an entity or activity not subject to department 1287 water discharge permits whose owner voluntarily elects to obtain 1288 department authorization for the generation and sale of credits. 1289 8.The provisions ofThe department’s rule relating to the 1290 equitable abatement of pollutants into surface waters do not 1291 apply to water bodies or water body segments for which a basin 1292 management plan that takes into account future new or expanded 1293 activities or discharges has been adopted under this section. 1294 9. In order to promote resilient utilities, if the 1295 department identifies domestic wastewater facilities or onsite 1296 sewage treatment and disposal systems as contributors of at 1297 least 20 percent of point source or nonpoint source nutrient 1298 pollution or if the department determines remediation is 1299 necessary to achieve the total maximum daily load, a basin 1300 management action plan for a nutrient total maximum daily load 1301 must include the following: 1302 a. A wastewater treatment plan that addresses domestic 1303 wastewater developed by each local government in cooperation 1304 with the department, the water management district, and the 1305 public and private domestic wastewater facilities within the 1306 jurisdiction of the local government. The wastewater treatment 1307 plan must: 1308 (I) Provide for construction, expansion, or upgrades 1309 necessary to achieve the total maximum daily load requirements 1310 applicable to the domestic wastewater facility. 1311 (II) Include the permitted capacity in gallons per day for 1312 the domestic wastewater facility; the average nutrient 1313 concentration and the estimated average nutrient load of the 1314 domestic wastewater; a timeline of the dates by which the 1315 construction of any facility improvements will begin and be 1316 completed and the date by which operations of the improved 1317 facility will begin; the estimated cost of the improvements; and 1318 the identity of responsible parties. 1319 1320 The wastewater treatment plan must be adopted as part of the 1321 basin management action plan no later than July 1, 2025. A local 1322 government that does not have a domestic wastewater treatment 1323 facility in its jurisdiction is not required to develop a 1324 wastewater treatment plan unless there is a demonstrated need to 1325 establish a domestic wastewater treatment facility within its 1326 jurisdiction to improve water quality necessary to achieve a 1327 total maximum daily load. 1328 b. An onsite sewage treatment and disposal system 1329 remediation plan developed by each local government in 1330 cooperation with the department, the Department of Health, water 1331 management districts, and public and private domestic wastewater 1332 facilities. 1333 (I) The onsite sewage treatment and disposal system 1334 remediation plan must identify cost-effective and financially 1335 feasible projects necessary to achieve the nutrient load 1336 reductions required for onsite sewage treatment and disposal 1337 systems. To identify cost-effective and financially feasible 1338 projects for remediation of onsite sewage treatment and disposal 1339 systems, the local government shall: 1340 (A) Include an inventory of onsite sewage treatment and 1341 disposal systems based on the best information available; 1342 (B) Identify onsite sewage treatment and disposal systems 1343 that would be eliminated through connection to existing or 1344 future central wastewater infrastructure, that would be replaced 1345 with or upgraded to advanced nutrient-removal systems, or that 1346 would remain on conventional onsite sewage treatment and 1347 disposal systems; 1348 (C) Estimate the costs of potential onsite sewage treatment 1349 and disposal systems connections, upgrades, or replacements; and 1350 (D) Identify deadlines and interim milestones for the 1351 planning, design, and construction of projects. 1352 (II) The department shall adopt the onsite sewage treatment 1353 and disposal system remediation plan as part of the basin 1354 management action plan no later than July 1, 2025, or as 1355 required for Outstanding Florida Springs under s. 373.807. 1356 10. When identifying wastewater projects in a basin 1357 management action plan, the department may not require the 1358 higher cost option if it achieves the same nutrient load 1359 reduction as a lower cost option. 1360 (b) Total maximum daily load implementation.— 1361 1. The department shall be the lead agency in coordinating 1362 the implementation of the total maximum daily loads through 1363 existing water quality protection programs. Application of a 1364 total maximum daily load by a water management district must be 1365 consistent with this section and does not require the issuance 1366 of an order or a separate action pursuant to s. 120.536(1) or s. 1367 120.54 for the adoption of the calculation and allocation 1368 previously established by the department. Such programs may 1369 include, but are not limited to: 1370 a. Permitting and other existing regulatory programs, 1371 including water-quality-based effluent limitations; 1372 b. Nonregulatory and incentive-based programs, including 1373 best management practices, cost sharing, waste minimization, 1374 pollution prevention, agreements established pursuant to s. 1375 403.061(22)s. 403.061(21), and public education; 1376 c. Other water quality management and restoration 1377 activities, for example surface water improvement and management 1378 plans approved by water management districts or basin management 1379 action plans developed pursuant to this subsection; 1380 d. Trading of water quality credits or other equitable 1381 economically based agreements; 1382 e. Public works including capital facilities; or 1383 f. Land acquisition. 1384 2. For a basin management action plan adopted pursuant to 1385 paragraph (a), any management strategies and pollutant reduction 1386 requirements associated with a pollutant of concern for which a 1387 total maximum daily load has been developed, including effluent 1388 limits set forth for a discharger subject to NPDES permitting, 1389 if any, must be included in a timely manner in subsequent NPDES 1390 permits or permit modifications for that discharger. The 1391 department may not impose limits or conditions implementing an 1392 adopted total maximum daily load in an NPDES permit until the 1393 permit expires, the discharge is modified, or the permit is 1394 reopened pursuant to an adopted basin management action plan. 1395 a. Absent a detailed allocation, total maximum daily loads 1396 must be implemented through NPDES permit conditions that provide 1397 for a compliance schedule. In such instances, a facility’s NPDES 1398 permit must allow time for the issuance of an order adopting the 1399 basin management action plan. The time allowed for the issuance 1400 of an order adopting the plan may not exceed 5 years. Upon 1401 issuance of an order adopting the plan, the permit must be 1402 reopened or renewed, as necessary, and permit conditions 1403 consistent with the plan must be established. Notwithstanding 1404 the other provisions of this subparagraph, upon request by an 1405 NPDES permittee, the department as part of a permit issuance, 1406 renewal, or modification may establish individual allocations 1407 before the adoption of a basin management action plan. 1408 b. For holders of NPDES municipal separate storm sewer 1409 system permits and other stormwater sources, implementation of a 1410 total maximum daily load or basin management action plan must be 1411 achieved, to the maximum extent practicable, through the use of 1412 best management practices or other management measures. 1413 c. The basin management action plan does not relieve the 1414 discharger from any requirement to obtain, renew, or modify an 1415 NPDES permit or to abide by other requirements of the permit. 1416 d. Management strategies set forth in a basin management 1417 action plan to be implemented by a discharger subject to 1418 permitting by the department must be completed pursuant to the 1419 schedule set forth in the basin management action plan. This 1420 implementation schedule may extend beyond the 5-year term of an 1421 NPDES permit. 1422 e. Management strategies and pollution reduction 1423 requirements set forth in a basin management action plan for a 1424 specific pollutant of concern are not subject to challenge under 1425 chapter 120 at the time they are incorporated, in an identical 1426 form, into a subsequent NPDES permit or permit modification. 1427 f. For nonagricultural pollutant sources not subject to 1428 NPDES permitting but permitted pursuant to other state, 1429 regional, or local water quality programs, the pollutant 1430 reduction actions adopted in a basin management action plan must 1431 be implemented to the maximum extent practicable as part of 1432 those permitting programs. 1433 g. A nonpoint source discharger included in a basin 1434 management action plan must demonstrate compliance with the 1435 pollutant reductions established under subsection (6) by 1436 implementing the appropriate best management practices 1437 established pursuant to paragraph (c) or conducting water 1438 quality monitoring prescribed by the department or a water 1439 management district. A nonpoint source discharger may, in 1440 accordance with department rules, supplement the implementation 1441 of best management practices with water quality credit trades in 1442 order to demonstrate compliance with the pollutant reductions 1443 established under subsection (6). 1444 h. A nonpoint source discharger included in a basin 1445 management action plan may be subject to enforcement action by 1446 the department or a water management district based upon a 1447 failure to implement the responsibilities set forth in sub 1448 subparagraph g. 1449 i. A landowner, discharger, or other responsible person who 1450 is implementing applicable management strategies specified in an 1451 adopted basin management action plan may not be required by 1452 permit, enforcement action, or otherwise to implement additional 1453 management strategies, including water quality credit trading, 1454 to reduce pollutant loads to attain the pollutant reductions 1455 established pursuant to subsection (6) and shall be deemed to be 1456 in compliance with this section. This subparagraph does not 1457 limit the authority of the department to amend a basin 1458 management action plan as specified in subparagraph (a)6. 1459 (c) Best management practices.— 1460 1. The department, in cooperation with the water management 1461 districts and other interested parties, as appropriate, may 1462 develop suitable interim measures, best management practices, or 1463 other measures necessary to achieve the level of pollution 1464 reduction established by the department for nonagricultural 1465 nonpoint pollutant sources in allocations developed pursuant to 1466 subsection (6) and this subsection. These practices and measures 1467 may be adopted by rule by the department and the water 1468 management districts and, where adopted by rule, shall be 1469 implemented by those parties responsible for nonagricultural 1470 nonpoint source pollution. 1471 2. The Department of Agriculture and Consumer Services may 1472 develop and adopt by rule pursuant to ss. 120.536(1) and 120.54 1473 suitable interim measures, best management practices, or other 1474 measures necessary to achieve the level of pollution reduction 1475 established by the department for agricultural pollutant sources 1476 in allocations developed pursuant to subsection (6) and this 1477 subsection or for programs implemented pursuant to paragraph 1478 (12)(b). These practices and measures may be implemented by 1479 those parties responsible for agricultural pollutant sources and 1480 the department, the water management districts, and the 1481 Department of Agriculture and Consumer Services shall assist 1482 with implementation. In the process of developing and adopting 1483 rules for interim measures, best management practices, or other 1484 measures, the Department of Agriculture and Consumer Services 1485 shall consult with the department, the Department of Health, the 1486 water management districts, representatives from affected 1487 farming groups, and environmental group representatives. Such 1488 rules must also incorporate provisions for a notice of intent to 1489 implement the practices and a system to assure the 1490 implementation of the practices, including site inspection and 1491 recordkeeping requirements. 1492 3. Where interim measures, best management practices, or 1493 other measures are adopted by rule, the effectiveness of such 1494 practices in achieving the levels of pollution reduction 1495 established in allocations developed by the department pursuant 1496 to subsection (6) and this subsection or in programs implemented 1497 pursuant to paragraph (12)(b) must be verified at representative 1498 sites by the department. The department shall use best 1499 professional judgment in making the initial verification that 1500 the best management practices are reasonably expected to be 1501 effective and, where applicable, must notify the appropriate 1502 water management district or the Department of Agriculture and 1503 Consumer Services of its initial verification before the 1504 adoption of a rule proposed pursuant to this paragraph. 1505 Implementation, in accordance with rules adopted under this 1506 paragraph, of practices that have been initially verified to be 1507 effective, or verified to be effective by monitoring at 1508 representative sites, by the department, shall provide a 1509 presumption of compliance with state water quality standards and 1510 release fromthe provisions ofs. 376.307(5) for those 1511 pollutants addressed by the practices, and the department is not 1512 authorized to institute proceedings against the owner of the 1513 source of pollution to recover costs or damages associated with 1514 the contamination of surface water or groundwater caused by 1515 those pollutants. Research projects funded by the department, a 1516 water management district, or the Department of Agriculture and 1517 Consumer Services to develop or demonstrate interim measures or 1518 best management practices shall be granted a presumption of 1519 compliance with state water quality standards and a release from 1520the provisions ofs. 376.307(5). The presumption of compliance 1521 and release is limited to the research site and only for those 1522 pollutants addressed by the interim measures or best management 1523 practices. Eligibility for the presumption of compliance and 1524 release is limited to research projects on sites where the owner 1525 or operator of the research site and the department, a water 1526 management district, or the Department of Agriculture and 1527 Consumer Services have entered into a contract or other 1528 agreement that, at a minimum, specifies the research objectives, 1529 the cost-share responsibilities of the parties, and a schedule 1530 that details the beginning and ending dates of the project. 1531 4. Where water quality problems are demonstrated, despite 1532 the appropriate implementation, operation, and maintenance of 1533 best management practices and other measures required by rules 1534 adopted under this paragraph, the department, a water management 1535 district, or the Department of Agriculture and Consumer 1536 Services, in consultation with the department, shall institute a 1537 reevaluation of the best management practice or other measure. 1538 Should the reevaluation determine that the best management 1539 practice or other measure requires modification, the department, 1540 a water management district, or the Department of Agriculture 1541 and Consumer Services, as appropriate, shall revise the rule to 1542 require implementation of the modified practice within a 1543 reasonable time period as specified in the rule. 1544 5. The Department of Agriculture and Consumer Services 1545 shall collect fertilization and nutrient records from each 1546 agricultural producer enrolled in best management practices that 1547 address nutrients. These records must include rates of 1548 application in pounds per acre; application method; fertilizer 1549 type or source; acres covered; formulation of the applied 1550 fertilizer, including nitrogen and phosphorus content; location; 1551 grade; and dates applied. By each March 1, the Department of 1552 Agriculture and Consumer Services shall provide the previous 1553 year’s records to the department. 1554 6. Agricultural records relating to processes or methods of 1555 production, costs of production, profits, or other financial 1556 information held by the Department of Agriculture and Consumer 1557 Services pursuant to subparagraphs 3. and 4. or pursuant to any 1558 rule adopted pursuant to subparagraph 2. are confidential and 1559 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 1560 Constitution. Upon request, records made confidential and exempt 1561 pursuant to this subparagraph shall be released to the 1562 department or any water management district provided that the 1563 confidentiality specified by this subparagraph for such records 1564 is maintained. 1565 7.6.The provisions ofSubparagraphs 1. and 2. do not 1566 preclude the department or water management district from 1567 requiring compliance with water quality standards or with 1568 current best management practice requirements set forth in any 1569 applicable regulatory program authorized by law for the purpose 1570 of protecting water quality. Additionally, subparagraphs 1. and 1571 2. are applicable only to the extent that they do not conflict 1572 with any rules adopted by the department that are necessary to 1573 maintain a federally delegated or approved program. 1574 (d) Enforcement and verification of basin management action 1575 plans and management strategies.— 1576 1. Basin management action plans are enforceable pursuant 1577 to this section and ss. 403.121, 403.141, and 403.161. 1578 Management strategies, including best management practices and 1579 water quality monitoring, are enforceable under this chapter. 1580 2. No later than January 1, 2017: 1581 a. The department, in consultation with the water 1582 management districts and the Department of Agriculture and 1583 Consumer Services, shall initiate rulemaking to adopt procedures 1584 to verify implementation of water quality monitoring required in 1585 lieu of implementation of best management practices or other 1586 measures pursuant to sub-subparagraph (b)2.g.; 1587 b. The department, in consultation with the water 1588 management districts and the Department of Agriculture and 1589 Consumer Services, shall initiate rulemaking to adopt procedures 1590 to verify implementation of nonagricultural interim measures, 1591 best management practices, or other measures adopted by rule 1592 pursuant to subparagraph (c)1.; and 1593 c. The Department of Agriculture and Consumer Services, in 1594 consultation with the water management districts and the 1595 department, shall initiate rulemaking to adopt procedures to 1596 verify implementation of agricultural interim measures, best 1597 management practices, or other measures adopted by rule pursuant 1598 to subparagraph(c)2. 1599 1600 The rules required under this subparagraph shall include 1601 enforcement procedures applicable to the landowner, discharger, 1602 or other responsible person required to implement applicable 1603 management strategies, including best management practices or 1604 water quality monitoring as a result of noncompliance. 1605 3. At least every 2 years, the Department of Agriculture 1606 and Consumer Services shall perform onsite inspections of each 1607 agricultural producer that enrolls in a best management practice 1608 to ensure that such practice is being properly implemented. 1609 (e) Data collection and research.— 1610 1. The Department of Agriculture and Consumer Services, the 1611 University of Florida Institute of Food and Agricultural 1612 Sciences, and other state universities and Florida College 1613 System institutions with agricultural research programs may 1614 annually develop research plans and legislative budget requests 1615 to: 1616 a. Evaluate and suggest enhancements to the existing 1617 adopted agricultural best management practices to reduce 1618 nutrients; 1619 b. Develop new best management practices that, if proven 1620 effective, the Department of Agriculture and Consumer Services 1621 may adopt by rule pursuant to paragraph 403.067(7)(c); and 1622 c. Develop agricultural nutrient reduction projects that 1623 willing participants could implement on a site-specific, 1624 cooperative basis, in addition to best management practices. The 1625 department may consider these projects for inclusion in a basin 1626 management action plan. These nutrient reduction projects must 1627 reduce the nutrient impacts from agricultural operations on 1628 water quality when evaluated with the projects and management 1629 strategies currently included in the basin management action 1630 plan. 1631 2. To be considered for funding, the University of Florida 1632 Institute of Food and Agricultural Sciences and other state 1633 universities and Florida College System institutions that have 1634 agricultural research programs must submit such plans to the 1635 department and the Department of Agriculture and Consumer 1636 Services by August 1 of each year. 1637 Section 10. Section 403.0673, Florida Statutes, is created 1638 to read: 1639 403.0673 Wastewater grant program.—A wastewater grant 1640 program is established within the Department of Environmental 1641 Protection. 1642 (1) Subject to the appropriation of funds by the 1643 Legislature, the department may provide grants for the following 1644 projects within a basin management action plan, an alternative 1645 restoration plan adopted by final order, or a rural area of 1646 opportunity under s. 288.0656 which will individually or 1647 collectively reduce excess nutrient pollution: 1648 (a) Projects to retrofit onsite sewage treatment and 1649 disposal systems to upgrade them to nutrient-reducing onsite 1650 sewage treatment and disposal systems. 1651 (b) Projects to construct, upgrade, or expand facilities to 1652 provide advanced waste treatment, as defined in s. 403.086(4). 1653 (c) Projects to connect onsite sewage treatment and 1654 disposal systems to central sewer facilities. 1655 (2) In allocating such funds, priority must be given to 1656 projects that subsidize the connection of onsite sewage 1657 treatment and disposal systems to a wastewater treatment plant. 1658 In determining priorities, the department shall consider the 1659 estimated reduction in nutrient load per project; project 1660 readiness; cost-effectiveness of the project; overall 1661 environmental benefit of a project; the location of a project; 1662 the availability of local matching funds; and projected water 1663 savings or quantity improvements associated with a project. 1664 (3) Each grant for a project described in subsection (1) 1665 must require a minimum of a 50 percent local match of funds. 1666 However, the department may, at its discretion, waive, in whole 1667 or in part, this consideration of the local contribution for 1668 proposed projects within an area designated as a rural area of 1669 opportunity under s. 288.0656. 1670 (4) The department shall coordinate with each water 1671 management district, as necessary, to identify grant recipients 1672 in each district. 1673 (5) Beginning January 1, 2021, and each January 1 1674 thereafter, the department shall submit a report regarding the 1675 projects funded pursuant to this section to the Governor, the 1676 President of the Senate, and the Speaker of the House of 1677 Representatives. 1678 Section 11. Section 403.0855, Florida Statutes, is created 1679 to read: 1680 403.0855 Biosolids management.—The Legislature finds that 1681 it is in the best interest of this state to regulate biosolids 1682 management in order to minimize the migration of nutrients that 1683 impair waterbodies. The Legislature further finds that the 1684 expedited implementation of the recommendations of the Biosolids 1685 Technical Advisory Committee, including permitting according to 1686 site-specific application conditions, an increased inspection 1687 rate, groundwater and surface water monitoring protocols, and 1688 nutrient management research, will improve biosolids management 1689 and assist in protecting this state’s water resources and water 1690 quality. The department shall adopt rules for biosolids 1691 management. Rules adopted by the department pursuant to this 1692 section before the 2021 regular legislative session are not 1693 subject to s. 120.541(3). 1694 Section 12. Present subsections (7) through (10) of section 1695 403.086, Florida Statutes, are redesignated as subsections (8) 1696 through (11), respectively, a new subsection (7) is added to 1697 that section, and paragraph (c) of subsection (1) and subsection 1698 (2) of that section are amended, to read: 1699 403.086 Sewage disposal facilities; advanced and secondary 1700 waste treatment.— 1701 (1) 1702 (c) Notwithstanding any other provisions of this chapter or 1703 chapter 373, facilities for sanitary sewage disposal may not 1704 dispose of any wastes into Old Tampa Bay, Tampa Bay, 1705 Hillsborough Bay, Boca Ciega Bay, St. Joseph Sound, Clearwater 1706 Bay, Sarasota Bay, Little Sarasota Bay, Roberts Bay, Lemon Bay, 1707 or Charlotte Harbor Bay, Indian River Lagoon beginning July 1, 1708 2025, or into any river, stream, channel, canal, bay, bayou, 1709 sound, or other water tributary thereto, without providing 1710 advanced waste treatment, as defined in subsection (4), approved 1711 by the department. This paragraph shall not apply to facilities 1712 which were permitted by February 1, 1987, and which discharge 1713 secondary treated effluent, followed by water hyacinth 1714 treatment, to tributaries of tributaries of the named waters; or 1715 to facilities permitted to discharge to the nontidally 1716 influenced portions of the Peace River. 1717 (2) Any facilities for sanitary sewage disposal shall 1718 provide for secondary waste treatment, a power outage 1719 contingency plan that mitigates the impacts of power outages on 1720 the utility’s collection system and pump stations, and, in1721addition thereto,advanced waste treatment as deemed necessary 1722 and ordered by the Department of Environmental Protection. 1723 Failure to conform isshall bepunishable by a civil penalty of 1724 $500 for each 24-hour day or fraction thereof that such failure 1725 is allowed to continue thereafter. 1726 (7) All facilities for sanitary sewage under subsection (2) 1727 which control a collection or transmission system of pipes and 1728 pumps to collect and transmit wastewater from domestic or 1729 industrial sources to the facility shall take steps to prevent 1730 sanitary sewer overflows or underground pipe leaks and ensure 1731 that collected waste water reaches the facility for appropriate 1732 treatment. Facilities must use inflow and infiltration studies 1733 and leakage surveys to develop pipe assessment, repair, and 1734 replacement action plans that comply with department rule to 1735 limit, reduce, and eliminate leaks, seepages, or inputs into 1736 wastewater treatment systems’ underground pipes. The pipe 1737 assessment, repair, and replacement action plans must be 1738 reported to the department. The facility report must include 1739 information regarding the annual expenditures dedicated to the 1740 inflow and infiltration studies and the required replacement 1741 action plans, as well as expenditures that are dedicated to pipe 1742 assessment, repair, and replacement. The department shall adopt 1743 rules regarding the implementation of inflow and infiltration 1744 studies and leakage surveys. Substantial compliance with this 1745 subsection is evidence in mitigation for the purposes of 1746 assessing penalties pursuant to ss. 403.121 and 403.141. 1747 Section 13. Present subsections (4) through (10) of section 1748 403.087, Florida Statutes, are redesignated as subsections (5) 1749 through (11), respectively, and a new subsection (4) is added to 1750 that section, to read: 1751 403.087 Permits; general issuance; denial; revocation; 1752 prohibition; penalty.— 1753 (4) The department shall issue an operation permit for a 1754 domestic wastewater treatment facility other than a facility 1755 regulated under the National Pollutant Discharge Elimination 1756 System Program under s. 403.0885 for a term of up to 10 years if 1757 the facility is meeting the stated goals in its action plan 1758 adopted pursuant to s. 403.086(7). 1759 Section 14. Present subsections (3) and (4) of section 1760 403.088, Florida Statutes, are redesignated as subsections (4) 1761 and (5), respectively, a new subsection (3) is added to that 1762 section, and paragraph (c) of subsection (2) of that section is 1763 amended, to read: 1764 403.088 Water pollution operation permits; conditions.— 1765 (2) 1766 (c) A permit shall: 1767 1. Specify the manner, nature, volume, and frequency of the 1768 discharge permitted; 1769 2. Require proper operation and maintenance of any 1770 pollution abatement facility by qualified personnel in 1771 accordance with standards established by the department; 1772 3. Require a deliberate, proactive approach to 1773 investigating or surveying a significant percentage of the 1774 wastewater collection system throughout the duration of the 1775 permit to determine pipe integrity, which must be accomplished 1776 in an economically feasible manner. The permittee shall submit 1777 an annual report to the department which details facility 1778 revenues and expenditures in a manner prescribed by department 1779 rule. The report must detail any deviation from annual 1780 expenditures related to inflow and infiltration studies; model 1781 plans for pipe assessment, repair, and replacement; and pipe 1782 assessment, repair, and replacement required under s. 1783 403.086(7). Substantial compliance with this subsection is 1784 evidence in mitigation for the purposes of assessing penalties 1785 pursuant to ss. 403.121 and 403.141; 1786 4. Contain such additional conditions, requirements, and 1787 restrictions as the department deems necessary to preserve and 1788 protect the quality of the receiving waters; 1789 5.4.Be valid for the period of time specified therein; and 1790 6.5.Constitute the state National Pollutant Discharge 1791 Elimination System permit when issued pursuant to the authority 1792 in s. 403.0885. 1793 (3) No later than March 1 of each year, the department 1794 shall submit a report to the Governor, the President of the 1795 Senate, and the Speaker of the House of Representatives which 1796 identifies all wastewater utilities that experienced a sanitary 1797 sewer overflow in the preceding calendar year. The report must 1798 identify the utility name, operator, number of overflows, and 1799 total quantity of discharge released. The department shall 1800 include with this report the annual report specified under s. 1801 403.088(2)(c)3. for each utility that experienced an overflow. 1802 Section 15. Subsection (6) of section 403.0891, Florida 1803 Statutes, is amended to read: 1804 403.0891 State, regional, and local stormwater management 1805 plans and programs.—The department, the water management 1806 districts, and local governments shall have the responsibility 1807 for the development of mutually compatible stormwater management 1808 programs. 1809 (6) The department and the Department of Economic 1810 Opportunity, in cooperation with local governments in the 1811 coastal zone, shall develop a model stormwater management 1812 program that could be adopted by local governments. The model 1813 program must contain model ordinances that target nutrient 1814 reduction practices and use green infrastructure. The model 1815 program shall contain dedicated funding options, including a 1816 stormwater utility fee system based upon an equitable unit cost 1817 approach. Funding options shall be designed to generate capital 1818 to retrofit existing stormwater management systems, build new 1819 treatment systems, operate facilities, and maintain and service 1820 debt. 1821 Section 16. Paragraph (b) of subsection (3) of section 1822 403.121, Florida Statutes, is amended to read: 1823 403.121 Enforcement; procedure; remedies.—The department 1824 shall have the following judicial and administrative remedies 1825 available to it for violations of this chapter, as specified in 1826 s. 403.161(1). 1827 (3) Except for violations involving hazardous wastes, 1828 asbestos, or underground injection, administrative penalties 1829 must be calculated according to the following schedule: 1830 (b) For failure to obtain a required wastewater permit, 1831 other than a permit required for surface water discharge, the 1832 department shall assess a penalty of $1,000. For a domestic or 1833 industrial wastewater violation not involving a surface water or 1834 groundwater quality violation, the department shall assess a 1835 penalty of $2,000 for an unpermitted or unauthorized discharge 1836 or effluent-limitation exceedance or failure to survey an 1837 adequate portion of the wastewater collection system and take 1838 steps to reduce sanitary sewer overflows, pipe leaks, and inflow 1839 and infiltration. For an unpermitted or unauthorized discharge 1840 or effluent-limitation exceedance that resulted in a surface 1841 water or groundwater quality violation, the department shall 1842 assess a penalty of $5,000. 1843 Section 17. Subsection (3) is added to section 403.885, 1844 Florida Statutes, to read: 1845 403.885 Water Projects Grant Program.— 1846 (3) The department shall give funding priority to grant 1847 proposals submitted by a domestic wastewater utility in 1848 accordance with s. 403.1835 which implement the requirements of 1849 ss. 403.086(7) or 403.088(2)(c). 1850 Section 18. The Legislature determines and declares that 1851 this act fulfills an important state interest. 1852 Section 19. Effective July 1, 2021, subsection (5) of 1853 section 153.54, Florida Statutes, is amended to read: 1854 153.54 Preliminary report by county commissioners with 1855 respect to creation of proposed district.—Upon receipt of a 1856 petition duly signed by not less than 25 qualified electors who 1857 are also freeholders residing within an area proposed to be 1858 incorporated into a water and sewer district pursuant to this 1859 law and describing in general terms the proposed boundaries of 1860 such proposed district, the board of county commissioners if it 1861 shall deem it necessary and advisable to create and establish 1862 such proposed district for the purpose of constructing, 1863 establishing or acquiring a water system or a sewer system or 1864 both in and for such district (herein called “improvements”), 1865 shall first cause a preliminary report to be made which such 1866 report together with any other relevant or pertinent matters, 1867 shall include at least the following: 1868 (5) For the construction of a new proposed central sewerage 1869 system or the extension of an existing sewerage system that was 1870 not previously approved, the report shall include a study that 1871 includes the available information from the Department of 1872 Environmental ProtectionHealthon the history of onsite sewage 1873 treatment and disposal systems currently in use in the area and 1874 a comparison of the projected costs to the owner of a typical 1875 lot or parcel of connecting to and using the proposed sewerage 1876 system versus installing, operating, and properly maintaining an 1877 onsite sewage treatment and disposal system that is approved by 1878 the Department of Environmental ProtectionHealthand that 1879 provides for the comparable level of environmental and health 1880 protection as the proposed central sewerage system; 1881 consideration of the local authority’s obligations or reasonably 1882 anticipated obligations for water body cleanup and protection 1883 under state or federal programs, including requirements for 1884 water bodies listed under s. 303(d) of the Clean Water Act, Pub. 1885 L. No. 92-500, 33 U.S.C. ss. 1251 et seq.; and other factors 1886 deemed relevant by the local authority. 1887 1888 Such report shall be filed in the office of the clerk of the 1889 circuit court and shall be open for the inspection of any 1890 taxpayer, property owner, qualified elector or any other 1891 interested or affected person. 1892 Section 20. Effective July 1, 2021, paragraph (c) of 1893 subsection (2) of section 153.73, Florida Statutes, is amended 1894 to read: 1895 153.73 Assessable improvements; levy and payment of special 1896 assessments.—Any district may provide for the construction or 1897 reconstruction of assessable improvements as defined in s. 1898 153.52, and for the levying of special assessments upon 1899 benefited property for the payment thereof, underthe provisions1900ofthis section. 1901 (2) 1902 (c) For the construction of a new proposed central sewerage 1903 system or the extension of an existing sewerage system that was 1904 not previously approved, the report shall include a study that 1905 includes the available information from the Department of 1906 Environmental ProtectionHealthon the history of onsite sewage 1907 treatment and disposal systems currently in use in the area and 1908 a comparison of the projected costs to the owner of a typical 1909 lot or parcel of connecting to and using the proposed sewerage 1910 system versus installing, operating, and properly maintaining an 1911 onsite sewage treatment and disposal system that is approved by 1912 the Department of Environmental ProtectionHealthand that 1913 provides for the comparable level of environmental and health 1914 protection as the proposed central sewerage system; 1915 consideration of the local authority’s obligations or reasonably 1916 anticipated obligations for water body cleanup and protection 1917 under state or federal programs, including requirements for 1918 water bodies listed under s. 303(d) of the Clean Water Act, Pub. 1919 L. No. 92-500, 33 U.S.C. ss. 1251 et seq.; and other factors 1920 deemed relevant by the local authority. 1921 Section 21. Effective July 1, 2021, subsection (2) of 1922 section 163.3180, Florida Statutes, is amended to read: 1923 163.3180 Concurrency.— 1924 (2) Consistent with public health and safety, sanitary 1925 sewer, solid waste, drainage, adequate water supplies, and 1926 potable water facilities shall be in place and available to 1927 serve new development no later than the issuance by the local 1928 government of a certificate of occupancy or its functional 1929 equivalent. Prior to approval of a building permit or its 1930 functional equivalent, the local government shall consult with 1931 the applicable water supplier to determine whether adequate 1932 water supplies to serve the new development will be available no 1933 later than the anticipated date of issuance by the local 1934 government of a certificate of occupancy or its functional 1935 equivalent. A local government may meet the concurrency 1936 requirement for sanitary sewer through the use of onsite sewage 1937 treatment and disposal systems approved by the Department of 1938 Environmental ProtectionHealthto serve new development. 1939 Section 22. Effective July 1, 2021, subsection (3) of 1940 section 180.03, Florida Statutes, is amended to read: 1941 180.03 Resolution or ordinance proposing construction or 1942 extension of utility; objections to same.— 1943 (3) For the construction of a new proposed central sewerage 1944 system or the extension of an existing central sewerage system 1945 that was not previously approved, the report shall include a 1946 study that includes the available information from the 1947 Department of Environmental ProtectionHealthon the history of 1948 onsite sewage treatment and disposal systems currently in use in 1949 the area and a comparison of the projected costs to the owner of 1950 a typical lot or parcel of connecting to and using the proposed 1951 central sewerage system versus installing, operating, and 1952 properly maintaining an onsite sewage treatment and disposal 1953 system that is approved by the Department of Environmental 1954 ProtectionHealthand that provides for the comparable level of 1955 environmental and health protection as the proposed central 1956 sewerage system; consideration of the local authority’s 1957 obligations or reasonably anticipated obligations for water body 1958 cleanup and protection under state or federal programs, 1959 including requirements for water bodies listed under s. 303(d) 1960 of the Clean Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 1961 et seq.; and other factors deemed relevant by the local 1962 authority. The results of such a study shall be included in the 1963 resolution or ordinance required under subsection (1). 1964 Section 23. Subsections (2), (3), and (6) of section 1965 311.105, Florida Statutes, are amended to read: 1966 311.105 Florida Seaport Environmental Management Committee; 1967 permitting; mitigation.— 1968 (2) Each application for a permit authorized pursuant to s. 1969 403.061(38)s. 403.061(37)must include: 1970 (a) A description of maintenance dredging activities to be 1971 conducted and proposed methods of dredged-material management. 1972 (b) A characterization of the materials to be dredged and 1973 the materials within dredged-material management sites. 1974 (c) A description of dredged-material management sites and 1975 plans. 1976 (d) A description of measures to be undertaken, including 1977 environmental compliance monitoring, to minimize adverse 1978 environmental effects of maintenance dredging and dredged 1979 material management. 1980 (e) Such scheduling information as is required to 1981 facilitate state supplementary funding of federal maintenance 1982 dredging and dredged-material management programs consistent 1983 with beach restoration criteria of the Department of 1984 Environmental Protection. 1985 (3) Each application for a permit authorized pursuant to s. 1986 403.061(39)s. 403.061(38)must includethe provisions of1987 paragraphs (2)(b)-(e) and the following: 1988 (a) A description of dredging and dredged-material 1989 management and other related activities associated with port 1990 development, including the expansion of navigation channels, 1991 dredged-material management sites, port harbors, turning basins, 1992 harbor berths, and associated facilities. 1993 (b) A discussion of environmental mitigation as is proposed 1994 for dredging and dredged-material management for port 1995 development, including the expansion of navigation channels, 1996 dredged-material management sites, port harbors, turning basins, 1997 harbor berths, and associated facilities. 1998 (6) Dredged-material management activities authorized 1999 pursuant to s. 403.061(38)s. 403.061(37)or s. 403.061(39)(38)2000 shall be incorporated into port master plans developed pursuant 2001 to s. 163.3178(2)(k). 2002 Section 24. Paragraph (d) of subsection (1) of section 2003 327.46, Florida Statutes, is amended to read: 2004 327.46 Boating-restricted areas.— 2005 (1) Boating-restricted areas, including, but not limited 2006 to, restrictions of vessel speeds and vessel traffic, may be 2007 established on the waters of this state for any purpose 2008 necessary to protect the safety of the public if such 2009 restrictions are necessary based on boating accidents, 2010 visibility, hazardous currents or water levels, vessel traffic 2011 congestion, or other navigational hazards or to protect 2012 seagrasses on privately owned submerged lands. 2013 (d) Owners of private submerged lands that are adjacent to 2014 Outstanding Florida Waters, as defined in s. 403.061(28)s.2015403.061(27), or an aquatic preserve established under ss. 2016 258.39-258.399 may request that the commission establish 2017 boating-restricted areas solely to protect any seagrass and 2018 contiguous seagrass habitat within their private property 2019 boundaries from seagrass scarring due to propeller dredging. 2020 Owners making a request pursuant to this paragraph must 2021 demonstrate to the commission clear ownership of the submerged 2022 lands. The commission shall adopt rules to implement this 2023 paragraph, including, but not limited to, establishing an 2024 application process and criteria for meeting the requirements of 2025 this paragraph. Each approved boating-restricted area shall be 2026 established by commission rule. For marking boating-restricted 2027 zones established pursuant to this paragraph, owners of 2028 privately submerged lands shall apply to the commission for a 2029 uniform waterway marker permit in accordance with ss. 327.40 and 2030 327.41, and shall be responsible for marking the boating 2031 restricted zone in accordance with the terms of the permit. 2032 Section 25. Paragraph (d) of subsection (3) of section 2033 373.250, Florida Statutes, is amended to read: 2034 373.250 Reuse of reclaimed water.— 2035 (3) 2036 (d) The South Florida Water Management District shall 2037 require the use of reclaimed water made available by the 2038 elimination of wastewater ocean outfall discharges as provided 2039 for in s. 403.086(10)s. 403.086(9)in lieu of surface water or 2040 groundwater when the use of reclaimed water is available; is 2041 environmentally, economically, and technically feasible; and is 2042 of such quality and reliability as is necessary to the user. 2043 Such reclaimed water may also be required in lieu of other 2044 alternative sources. In determining whether to require such 2045 reclaimed water in lieu of other alternative sources, the water 2046 management district shall consider existing infrastructure 2047 investments in place or obligated to be constructed by an 2048 executed contract or similar binding agreement as of July 1, 2049 2011, for the development of other alternative sources. 2050 Section 26. Subsection (9) of section 373.414, Florida 2051 Statutes, is amended to read: 2052 373.414 Additional criteria for activities in surface 2053 waters and wetlands.— 2054 (9) The department and the governing boards, on or before 2055 July 1, 1994, shall adopt rules to incorporatethe provisions of2056 this section, relying primarily on the existing rules of the 2057 department and the water management districts, into the rules 2058 governing the management and storage of surface waters. Such 2059 rules shall seek to achieve a statewide, coordinated and 2060 consistent permitting approach to activities regulated under 2061 this part. Variations in permitting criteria in the rules of 2062 individual water management districts or the department shall 2063 only be provided to address differing physical or natural 2064 characteristics. Such rules adopted pursuant to this subsection 2065 shall include the special criteria adopted pursuant to s. 2066 403.061(30)s. 403.061(29)and may include the special criteria 2067 adopted pursuant to s. 403.061(35)s. 403.061(34). Such rules 2068 shall include a provision requiring that a notice of intent to 2069 deny or a permit denial based upon this section shall contain an 2070 explanation of the reasons for such denial and an explanation, 2071 in general terms, of what changes, if any, are necessary to 2072 address such reasons for denial. Such rules may establish 2073 exemptions and general permits, if such exemptions and general 2074 permits do not allow significant adverse impacts to occur 2075 individually or cumulatively. Such rules may require submission 2076 of proof of financial responsibility which may include the 2077 posting of a bond or other form of surety prior to the 2078 commencement of construction to provide reasonable assurance 2079 that any activity permitted pursuant to this section, including 2080 any mitigation for such permitted activity, will be completed in 2081 accordance with the terms and conditions of the permit once the 2082 construction is commenced. Until rules adopted pursuant to this 2083 subsection become effective, existing rules adopted under this 2084 part and rules adopted pursuant to the authority of ss. 403.91 2085 403.929 shall be deemed authorized under this part and shall 2086 remain in full force and effect. Neither the department nor the 2087 governing boards are limited or prohibited from amending any 2088 such rules. 2089 Section 27. Paragraph (b) of subsection (4) of section 2090 373.705, Florida Statutes, is amended to read: 2091 373.705 Water resource development; water supply 2092 development.— 2093 (4) 2094 (b) Water supply development projects that meet the 2095 criteria in paragraph (a) and that meet one or more of the 2096 following additional criteria shall be given first consideration 2097 for state or water management district funding assistance: 2098 1. The project brings about replacement of existing sources 2099 in order to help implement a minimum flow or minimum water 2100 level; 2101 2. The project implements reuse that assists in the 2102 elimination of domestic wastewater ocean outfalls as provided in 2103 s. 403.086(10)s. 403.086(9); or 2104 3. The project reduces or eliminates the adverse effects of 2105 competition between legal users and the natural system. 2106 Section 28. Paragraph (f) of subsection (8) of section 2107 373.707, Florida Statutes, is amended to read: 2108 373.707 Alternative water supply development.— 2109 (8) 2110 (f) The governing boards shall determine those projects 2111 that will be selected for financial assistance. The governing 2112 boards may establish factors to determine project funding; 2113 however, significant weight shall be given to the following 2114 factors: 2115 1. Whether the project provides substantial environmental 2116 benefits by preventing or limiting adverse water resource 2117 impacts. 2118 2. Whether the project reduces competition for water 2119 supplies. 2120 3. Whether the project brings about replacement of 2121 traditional sources in order to help implement a minimum flow or 2122 level or a reservation. 2123 4. Whether the project will be implemented by a consumptive 2124 use permittee that has achieved the targets contained in a goal 2125 based water conservation program approved pursuant to s. 2126 373.227. 2127 5. The quantity of water supplied by the project as 2128 compared to its cost. 2129 6. Projects in which the construction and delivery to end 2130 users of reuse water is a major component. 2131 7. Whether the project will be implemented by a 2132 multijurisdictional water supply entity or regional water supply 2133 authority. 2134 8. Whether the project implements reuse that assists in the 2135 elimination of domestic wastewater ocean outfalls as provided in 2136 s. 403.086(10)s. 403.086(9). 2137 9. Whether the county or municipality, or the multiple 2138 counties or municipalities, in which the project is located has 2139 implemented a high-water recharge protection tax assessment 2140 program as provided in s. 193.625. 2141 Section 29. Subsection (4) of section 373.709, Florida 2142 Statutes, is amended to read: 2143 373.709 Regional water supply planning.— 2144 (4) The South Florida Water Management District shall 2145 include in its regional water supply plan water resource and 2146 water supply development projects that promote the elimination 2147 of wastewater ocean outfalls as provided in s. 403.086(10)s.2148403.086(9). 2149 Section 30. Paragraph (k) of subsection (1) of section 2150 376.307, Florida Statutes, is amended to read: 2151 376.307 Water Quality Assurance Trust Fund.— 2152 (1) The Water Quality Assurance Trust Fund is intended to 2153 serve as a broad-based fund for use in responding to incidents 2154 of contamination that pose a serious danger to the quality of 2155 groundwater and surface water resources or otherwise pose a 2156 serious danger to the public health, safety, or welfare. Moneys 2157 in this fund may be used: 2158 (k) For funding activities described in s. 403.086(10)s.2159403.086(9)which are authorized for implementation under the 2160 Leah Schad Memorial Ocean Outfall Program. 2161 Section 31. Paragraph (i) of subsection (2), paragraph (b) 2162 of subsection (4), paragraph (j) of subsection (7), and 2163 paragraph (a) of subsection (9) of section 380.0552, Florida 2164 Statutes, are amended to read: 2165 380.0552 Florida Keys Area; protection and designation as 2166 area of critical state concern.— 2167 (2) LEGISLATIVE INTENT.—It is the intent of the Legislature 2168 to: 2169 (i) Protect and improve the nearshore water quality of the 2170 Florida Keys through federal, state, and local funding of water 2171 quality improvement projects, including the construction and 2172 operation of wastewater management facilities that meet the 2173 requirements of ss. 381.0065(4)(l) and 403.086(11)403.086(10), 2174 as applicable. 2175 (4) REMOVAL OF DESIGNATION.— 2176 (b) Beginning November 30, 2010, the state land planning 2177 agency shall annually submit a written report to the 2178 Administration Commission describing the progress of the Florida 2179 Keys Area toward completing the work program tasks specified in 2180 commission rules. The land planning agency shall recommend 2181 removing the Florida Keys Area from being designated as an area 2182 of critical state concern to the commission if it determines 2183 that: 2184 1. All of the work program tasks have been completed, 2185 including construction of, operation of, and connection to 2186 central wastewater management facilities pursuant to s. 2187 403.086(11)s. 403.086(10)and upgrade of onsite sewage 2188 treatment and disposal systems pursuant to s. 381.0065(4)(l); 2189 2. All local comprehensive plans and land development 2190 regulations and the administration of such plans and regulations 2191 are adequate to protect the Florida Keys Area, fulfill the 2192 legislative intent specified in subsection (2), and are 2193 consistent with and further the principles guiding development; 2194 and 2195 3. A local government has adopted a resolution at a public 2196 hearing recommending the removal of the designation. 2197 (7) PRINCIPLES FOR GUIDING DEVELOPMENT.—State, regional, 2198 and local agencies and units of government in the Florida Keys 2199 Area shall coordinate their plans and conduct their programs and 2200 regulatory activities consistent with the principles for guiding 2201 development as specified in chapter 27F-8, Florida 2202 Administrative Code, as amended effective August 23, 1984, which 2203 is adopted and incorporated herein by reference. For the 2204 purposes of reviewing the consistency of the adopted plan, or 2205 any amendments to that plan, with the principles for guiding 2206 development, and any amendments to the principles, the 2207 principles shall be construed as a whole and specific provisions 2208 may not be construed or applied in isolation from the other 2209 provisions. However, the principles for guiding development are 2210 repealed 18 months from July 1, 1986. After repeal, any plan 2211 amendments must be consistent with the following principles: 2212 (j) Ensuring the improvement of nearshore water quality by 2213 requiring the construction and operation of wastewater 2214 management facilities that meet the requirements of ss. 2215 381.0065(4)(l) and s. 403.086(11)403.086(10), as applicable, 2216 and by directing growth to areas served by central wastewater 2217 treatment facilities through permit allocation systems. 2218 (9) MODIFICATION TO PLANS AND REGULATIONS.— 2219 (a) Any land development regulation or element of a local 2220 comprehensive plan in the Florida Keys Area may be enacted, 2221 amended, or rescinded by a local government, but the enactment, 2222 amendment, or rescission becomes effective only upon approval by 2223 the state land planning agency. The state land planning agency 2224 shall review the proposed change to determine if it is in 2225 compliance with the principles for guiding development specified 2226 in chapter 27F-8, Florida Administrative Code, as amended 2227 effective August 23, 1984, and must approve or reject the 2228 requested changes within 60 days after receipt. Amendments to 2229 local comprehensive plans in the Florida Keys Area must also be 2230 reviewed for compliance with the following: 2231 1. Construction schedules and detailed capital financing 2232 plans for wastewater management improvements in the annually 2233 adopted capital improvements element, and standards for the 2234 construction of wastewater treatment and disposal facilities or 2235 collection systems that meet or exceed the criteria in s. 2236 403.086(11)s. 403.086(10)for wastewater treatment and disposal 2237 facilities or s. 381.0065(4)(l) for onsite sewage treatment and 2238 disposal systems. 2239 2. Goals, objectives, and policies to protect public safety 2240 and welfare in the event of a natural disaster by maintaining a 2241 hurricane evacuation clearance time for permanent residents of 2242 no more than 24 hours. The hurricane evacuation clearance time 2243 shall be determined by a hurricane evacuation study conducted in 2244 accordance with a professionally accepted methodology and 2245 approved by the state land planning agency. 2246 Section 32. Effective July 1, 2021, subsections (7) and 2247 (18) of section 381.006, Florida Statutes, are amended to read: 2248 381.006 Environmental health.—The department shall conduct 2249 an environmental health program as part of fulfilling the 2250 state’s public health mission. The purpose of this program is to 2251 detect and prevent disease caused by natural and manmade factors 2252 in the environment. The environmental health program shall 2253 include, but not be limited to: 2254(7) An onsite sewage treatment and disposal function.2255 (17)(18)A food service inspection function for domestic 2256 violence centers that are certified by the Department of 2257 Children and Families and monitored by the Florida Coalition 2258 Against Domestic Violence under part XII of chapter 39 and group 2259 care homes as described in subsection (15)(16), which shall be 2260 conducted annually and be limited to the requirements in 2261 department rule applicable to community-based residential 2262 facilities with five or fewer residents. 2263 2264 The department may adopt rules to carry out the provisions of 2265 this section. 2266 Section 33. Effective July 1, 2021, subsection (1) of 2267 section 381.0061, Florida Statutes, is amended to read: 2268 381.0061 Administrative fines.— 2269 (1) In addition to any administrative action authorized by 2270 chapter 120 or by other law, the department may impose a fine, 2271 which mayshallnot exceed $500 for each violation, for a 2272 violation of s. 381.006(15)s. 381.006(16), s. 381.0065, s. 2273 381.0066, s. 381.0072, or part III of chapter 489, for a 2274 violation of any rule adopted under this chapter, or for a 2275 violation ofany ofthe provisions ofchapter 386. Notice of 2276 intent to impose such fine shall be given by the department to 2277 the alleged violator. Each day that a violation continues may 2278 constitute a separate violation. 2279 Section 34. Effective July 1, 2021, subsection (1) of 2280 section 381.0064, Florida Statutes, is amended to read: 2281 381.0064 Continuing education courses for persons 2282 installing or servicing septic tanks.— 2283 (1) The Department of Environmental ProtectionHealthshall 2284 establish a program for continuing education which meets the 2285 purposes of ss. 381.0101 and 489.554 regarding the public health 2286 and environmental effects of onsite sewage treatment and 2287 disposal systems and any other matters the department determines 2288 desirable for the safe installation and use of onsite sewage 2289 treatment and disposal systems. The department may charge a fee 2290 to cover the cost of such program. 2291 Section 35. Effective July 1, 2021, paragraph (d) of 2292 subsection (7), subsection (8), and paragraphs (b), (c), and (d) 2293 of subsection (9) of section 381.00651, Florida Statutes, are 2294 amended to read: 2295 381.00651 Periodic evaluation and assessment of onsite 2296 sewage treatment and disposal systems.— 2297 (7) The following procedures shall be used for conducting 2298 evaluations: 2299 (d) Assessment procedure.—All evaluation procedures used by 2300 a qualified contractor shall be documented in the environmental 2301 health database of the Department of Environmental Protection 2302Health. The qualified contractor shall provide a copy of a 2303 written, signed evaluation report to the property owner upon 2304 completion of the evaluation and to the county health department 2305 within 30 days after the evaluation. The report mustshall2306 contain the name and license number of the company providing the 2307 report. A copy of the evaluation report shall be retained by the 2308 local county health department for a minimum of 5 years and 2309 until a subsequent inspection report is filed. The front cover 2310 of the report must identify any system failure and include a 2311 clear and conspicuous notice to the owner that the owner has a 2312 right to have any remediation of the failure performed by a 2313 qualified contractor other than the contractor performing the 2314 evaluation. The report must further identify any crack, leak, 2315 improper fit, or other defect in the tank, manhole, or lid, and 2316 any other damaged or missing component; any sewage or effluent 2317 visible on the ground or discharging to a ditch or other surface 2318 water body; any downspout, stormwater, or other source of water 2319 directed onto or toward the system; and any other maintenance 2320 need or condition of the system at the time of the evaluation 2321 which, in the opinion of the qualified contractor, would 2322 possibly interfere with or restrict any future repair or 2323 modification to the existing system. The report shall conclude 2324 with an overall assessment of the fundamental operational 2325 condition of the system. 2326 (8) The county health department, in coordination with the 2327 department, shall administer any evaluation program on behalf of 2328 a county, or a municipality within the county, that has adopted 2329 an evaluation program pursuant to this section. In order to 2330 administer the evaluation program, the county or municipality, 2331 in consultation with the county health department, may develop a 2332 reasonable fee schedule to be used solely to pay for the costs 2333 of administering the evaluation program. Such a fee schedule 2334 shall be identified in the ordinance that adopts the evaluation 2335 program. When arriving at a reasonable fee schedule, the 2336 estimated annual revenues to be derived from fees may not exceed 2337 reasonable estimated annual costs of the program. Fees shall be 2338 assessed to the system owner during an inspection and separately 2339 identified on the invoice of the qualified contractor. Fees 2340 shall be remitted by the qualified contractor to the county 2341 health department. The county health department’s administrative 2342 responsibilities include the following: 2343 (a) Providing a notice to the system owner at least 60 days 2344 before the system is due for an evaluation. The notice may 2345 include information on the proper maintenance of onsite sewage 2346 treatment and disposal systems. 2347 (b) In consultation with the departmentof Health, 2348 providing uniform disciplinary procedures and penalties for 2349 qualified contractors who do not comply with the requirements of 2350 the adopted ordinance, including, but not limited to, failure to 2351 provide the evaluation report as required in this subsection to 2352 the system owner and the county health department. Only the 2353 county health department may assess penalties against system 2354 owners for failure to comply with the adopted ordinance, 2355 consistent with existing requirements of law. 2356 (9) 2357 (b) Upon receipt of the notice under paragraph (a), the 2358 departmentof Environmental Protectionshall, within existing 2359 resources, notify the county or municipality of the potential 2360 use of, and access to, program funds under the Clean Water State 2361 Revolving Fund or s. 319 of the Clean Water Act, provide 2362 guidance in the application process to receive such moneys, and 2363 provide advice and technical assistance to the county or 2364 municipality on how to establish a low-interest revolving loan 2365 program or how to model a revolving loan program after the low 2366 interest loan program of the Clean Water State Revolving Fund. 2367 This paragraph does not obligate the departmentof Environmental2368Protectionto provide any county or municipality with money to 2369 fund such programs. 2370 (c) The departmentof Healthmay not adopt any rule that 2371 altersthe provisions ofthis section. 2372 (d) The departmentof Healthmust allow county health 2373 departments and qualified contractors access to the 2374 environmental health database to track relevant information and 2375 assimilate data from assessment and evaluation reports of the 2376 overall condition of onsite sewage treatment and disposal 2377 systems. The environmental health database must be used by 2378 contractors to report each service and evaluation event and by a 2379 county health department to notify owners of onsite sewage 2380 treatment and disposal systems when evaluations are due. Data 2381 and information must be recorded and updated as service and 2382 evaluations are conducted and reported. 2383 Section 36. Section 403.08601, Florida Statutes, is amended 2384 to read: 2385 403.08601 Leah Schad Memorial Ocean Outfall Program.—The 2386 Legislature declares that as funds become available the state 2387 may assist the local governments and agencies responsible for 2388 implementing the Leah Schad Memorial Ocean Outfall Program 2389 pursuant to s. 403.086(10)s. 403.086(9). Funds received from 2390 other sources provided for in law, the General Appropriations 2391 Act, from gifts designated for implementation of the plan from 2392 individuals, corporations, or other entities, or federal funds 2393 appropriated by Congress for implementation of the plan, may be 2394 deposited into an account of the Water Quality Assurance Trust 2395 Fund. 2396 Section 37. Section 403.0871, Florida Statutes, is amended 2397 to read: 2398 403.0871 Florida Permit Fee Trust Fund.—There is 2399 established within the department a nonlapsing trust fund to be 2400 known as the “Florida Permit Fee Trust Fund.” All funds received 2401 from applicants for permits pursuant to ss. 161.041, 161.053, 2402 161.0535, 403.087(7)403.087(6), and 403.861(7)(a) shall be 2403 deposited in the Florida Permit Fee Trust Fund and shall be used 2404 by the department with the advice and consent of the Legislature 2405 to supplement appropriations and other funds received by the 2406 department for the administration of its responsibilities under 2407 this chapter and chapter 161. In no case shall funds from the 2408 Florida Permit Fee Trust Fund be used for salary increases 2409 without the approval of the Legislature. 2410 Section 38. Paragraph (a) of subsection (11) of section 2411 403.0872, Florida Statutes, is amended to read: 2412 403.0872 Operation permits for major sources of air 2413 pollution; annual operation license fee.—Provided that program 2414 approval pursuant to 42 U.S.C. s. 7661a has been received from 2415 the United States Environmental Protection Agency, beginning 2416 January 2, 1995, each major source of air pollution, including 2417 electrical power plants certified under s. 403.511, must obtain 2418 from the department an operation permit for a major source of 2419 air pollution under this section. This operation permit is the 2420 only department operation permit for a major source of air 2421 pollution required for such source; provided, at the applicant’s 2422 request, the department shall issue a separate acid rain permit 2423 for a major source of air pollution that is an affected source 2424 within the meaning of 42 U.S.C. s. 7651a(1). Operation permits 2425 for major sources of air pollution, except general permits 2426 issued pursuant to s. 403.814, must be issued in accordance with 2427 the procedures contained in this section and in accordance with 2428 chapter 120; however, to the extent that chapter 120 is 2429 inconsistent withthe provisions ofthis section, the procedures 2430 contained in this section prevail. 2431 (11) Each major source of air pollution permitted to 2432 operate in this state must pay between January 15 and April 1 of 2433 each year, upon written notice from the department, an annual 2434 operation license fee in an amount determined by department 2435 rule. The annual operation license fee shall be terminated 2436 immediately in the event the United States Environmental 2437 Protection Agency imposes annual fees solely to implement and 2438 administer the major source air-operation permit program in 2439 Florida under 40 C.F.R. s. 70.10(d). 2440 (a) The annual fee must be assessed based upon the source’s 2441 previous year’s emissions and must be calculated by multiplying 2442 the applicable annual operation license fee factor times the 2443 tons of each regulated air pollutant actually emitted, as 2444 calculated in accordance with the department’s emissions 2445 computation and reporting rules. The annual fee shall only apply 2446 to those regulated pollutants, except carbon monoxide and 2447 greenhouse gases, for which an allowable numeric emission 2448 limiting standard is specified in the source’s most recent 2449 construction or operation permit; provided, however, that: 2450 1. The license fee factor is $25 or another amount 2451 determined by department rule which ensures that the revenue 2452 provided by each year’s operation license fees is sufficient to 2453 cover all reasonable direct and indirect costs of the major 2454 stationary source air-operation permit program established by 2455 this section. The license fee factor may be increased beyond $25 2456 only if the secretary of the department affirmatively finds that 2457 a shortage of revenue for support of the major stationary source 2458 air-operation permit program will occur in the absence of a fee 2459 factor adjustment. The annual license fee factor may never 2460 exceed $35. 2461 2. The amount of each regulated air pollutant in excess of 2462 4,000 tons per year emitted by any source, or group of sources 2463 belonging to the same Major Group as described in the Standard 2464 Industrial Classification Manual, 1987, may not be included in 2465 the calculation of the fee. Any source, or group of sources, 2466 which does not emit any regulated air pollutant in excess of 2467 4,000 tons per year, is allowed a one-time credit not to exceed 2468 25 percent of the first annual licensing fee for the prorated 2469 portion of existing air-operation permit application fees 2470 remaining upon commencement of the annual licensing fees. 2471 3. If the department has not received the fee by March 1 of 2472 the calendar year, the permittee must be sent a written warning 2473 of the consequences for failing to pay the fee by April 1. If 2474 the fee is not postmarked by April 1 of the calendar year, the 2475 department shall impose, in addition to the fee, a penalty of 50 2476 percent of the amount of the fee, plus interest on such amount 2477 computed in accordance with s. 220.807. The department may not 2478 impose such penalty or interest on any amount underpaid, 2479 provided that the permittee has timely remitted payment of at 2480 least 90 percent of the amount determined to be due and remits 2481 full payment within 60 days after receipt of notice of the 2482 amount underpaid. The department may waive the collection of 2483 underpayment and mayshallnot be required to refund overpayment 2484 of the fee, if the amount due is less than 1 percent of the fee, 2485 up to $50. The department may revoke any major air pollution 2486 source operation permit if it finds that the permitholder has 2487 failed to timely pay any required annual operation license fee, 2488 penalty, or interest. 2489 4. Notwithstanding the computational provisions of this 2490 subsection, the annual operation license fee for any source 2491 subject to this section mayshallnot be less than $250, except 2492 that the annual operation license fee for sources permitted 2493 solely through general permits issued under s. 403.814 mayshall2494 not exceed $50 per year. 2495 5. Notwithstanding s. 403.087(7)(a)5.a., which authorizes 2496the provisions ofs.403.087(6)(a)5.a., authorizingair 2497 pollution construction permit fees, the department may not 2498 require such fees for changes or additions to a major source of 2499 air pollution permitted pursuant to this section, unless the 2500 activity triggers permitting requirements under Title I, Part C 2501 or Part D, of the federal Clean Air Act, 42 U.S.C. ss. 7470 2502 7514a. Costs to issue and administer such permits shall be 2503 considered direct and indirect costs of the major stationary 2504 source air-operation permit program under s. 403.0873. The 2505 department shall, however, require fees pursuant to s. 2506 403.087(7)(a)5.a.the provisions ofs. 403.087(6)(a)5.a.for the 2507 construction of a new major source of air pollution that will be 2508 subject to the permitting requirements of this section once 2509 constructed and for activities triggering permitting 2510 requirements under Title I, Part C or Part D, of the federal 2511 Clean Air Act, 42 U.S.C. ss. 7470-7514a. 2512 Section 39. Subsection (7) of section 403.1835, Florida 2513 Statutes, is amended to read: 2514 403.1835 Water pollution control financial assistance.— 2515 (7) Eligible projects must be given priority according to 2516 the extent each project is intended to remove, mitigate, or 2517 prevent adverse effects on surface or ground water quality and 2518 public health. The relative costs of achieving environmental and 2519 public health benefits must be taken into consideration during 2520 the department’s assignment of project priorities. The 2521 department shall adopt a priority system by rule. In developing 2522 the priority system, the department shall give priority to 2523 projects that: 2524 (a) Eliminate public health hazards; 2525 (b) Enable compliance with laws requiring the elimination 2526 of discharges to specific water bodies, including the 2527 requirements of s. 403.086(10)s. 403.086(9)regarding domestic 2528 wastewater ocean outfalls; 2529 (c) Assist in the implementation of total maximum daily 2530 loads adopted under s. 403.067; 2531 (d) Enable compliance with other pollution control 2532 requirements, including, but not limited to, toxics control, 2533 wastewater residuals management, and reduction of nutrients and 2534 bacteria; 2535 (e) Assist in the implementation of surface water 2536 improvement and management plans and pollutant load reduction 2537 goals developed under state water policy; 2538 (f) Promote reclaimed water reuse; 2539 (g) Eliminate failing onsite sewage treatment and disposal 2540 systems or those that are causing environmental damage; or 2541 (h) Reduce pollutants to and otherwise promote the 2542 restoration of Florida’s surface and ground waters. 2543 Section 40. Paragraph (d) of subsection (3) of section 2544 403.707, Florida Statutes, is amended to read: 2545 403.707 Permits.— 2546 (3) 2547 (d) The department may adopt rules to administer this 2548 subsection. However, the department is not required to submit 2549 such rules to the Environmental Regulation Commission for 2550 approval. Notwithstanding the limitations of s. 403.087(7)(a)s.2551403.087(6)(a), permit fee caps for solid waste management 2552 facilities shall be prorated to reflect the extended permit term 2553 authorized by this subsection. 2554 Section 41. Subsections (8) and (21) of section 403.861, 2555 Florida Statutes, are amended to read: 2556 403.861 Department; powers and duties.—The department shall 2557 have the power and the duty to carry out the provisions and 2558 purposes of this act and, for this purpose, to: 2559 (8) Initiate rulemaking to increase each drinking water 2560 permit application fee authorized under s. 403.087(7)s.2561403.087(6)and this part and adopted by rule to ensure that such 2562 fees are increased to reflect, at a minimum, any upward 2563 adjustment in the Consumer Price Index compiled by the United 2564 States Department of Labor, or similar inflation indicator, 2565 since the original fee was established or most recently revised. 2566 (a) The department shall establish by rule the inflation 2567 index to be used for this purpose. The department shall review 2568 the drinking water permit application fees authorized under s. 2569 403.087(7)s.403.087(6)and this part at least once every 5 2570 years and shall adjust the fees upward, as necessary, within the 2571 established fee caps to reflect changes in the Consumer Price 2572 Index or similar inflation indicator. In the event of deflation, 2573 the department shall consult with the Executive Office of the 2574 Governor and the Legislature to determine whether downward fee 2575 adjustments are appropriate based on the current budget and 2576 appropriation considerations. The department shall also review 2577 the drinking water operation license fees established pursuant 2578 to paragraph (7)(b) at least once every 5 years to adopt, as 2579 necessary, the same inflationary adjustments provided for in 2580 this subsection. 2581 (b) The minimum fee amount shall be the minimum fee 2582 prescribed in this section, and such fee amount shall remain in 2583 effect until the effective date of fees adopted by rule by the 2584 department. 2585 (21)(a) Upon issuance of a construction permit to construct 2586 a new public water system drinking water treatment facility to 2587 provide potable water supply using a surface water that, at the 2588 time of the permit application, is not being used as a potable 2589 water supply, and the classification of which does not include 2590 potable water supply as a designated use, the department shall 2591 add treated potable water supply as a designated use of the 2592 surface water segment in accordance with s. 403.061(30)(b)s.2593403.061(29)(b). 2594 (b) For existing public water system drinking water 2595 treatment facilities that use a surface water as a treated 2596 potable water supply, which surface water classification does 2597 not include potable water supply as a designated use, the 2598 department shall add treated potable water supply as a 2599 designated use of the surface water segment in accordance with 2600 s. 403.061(30)(b)s. 403.061(29)(b). 2601 Section 42. Effective July 1, 2021, subsection (1) of 2602 section 489.551, Florida Statutes, is amended to read: 2603 489.551 Definitions.—As used in this part: 2604 (1) “Department” means the Department of Environmental 2605 ProtectionHealth. 2606 Section 43. Paragraph (b) of subsection (10) of section 2607 590.02, Florida Statutes, is amended to read: 2608 590.02 Florida Forest Service; powers, authority, and 2609 duties; liability; building structures; Withlacoochee Training 2610 Center.— 2611 (10) 2612 (b) The Florida Forest Service may delegate to a county, 2613 municipality, or special district its authority: 2614 1. As delegated by the Department of Environmental 2615 Protection pursuant to ss. 403.061(29)ss. 403.061(28)and 2616 403.081, to manage and enforce regulations pertaining to the 2617 burning of yard trash in accordance with s. 590.125(6). 2618 2. To manage the open burning of land clearing debris in 2619 accordance with s. 590.125. 2620 Section 44. The Division of Law Revision is directed to 2621 replace the phrase “adoption of the rules identified in 2622 paragraph (e)” as it is used in the amendment made by this act 2623 to s. 381.0065, Florida Statutes, with the date such rules are 2624 adopted, as provided by the Department of Environmental 2625 Protection pursuant to s. 381.0065(4)(e), Florida Statutes, as 2626 amended by this act. 2627 Section 45. Except as otherwise expressly provided in this 2628 act this act shall take effect July 1, 2020.