CS/CS/HB 1379 (Steele) and CS/SB 1632 (Brodeur) impose new requirements and restrictions on local governments relating to pollutant load reduction, local government comprehensive plans, basin management action plans, onsite sewage treatment and disposal systems, mandatory connection to central sewer systems, septic system and wastewater treatment facility remediation plans and advanced waste treatment systems. 

Comprehensive Plans and Capital Improvements Schedule

Both bills require the comprehensive plan’s schedule of capital improvements to include a list of projects necessary to achieve the pollutant load reductions attributable to the local government pursuant to a basin management action plan. For groups of 50 or more parcels with a density greater than one septic system per acre, a local government’s comprehensive plan must consider the feasibility of providing sanitary sewer services within a 10-year planning horizon and identify the name of the intended wastewater facility could receive sanitary sewer flows after connection and a timeline for connection. 

Indian River Lagoon Protection Program

The bills establish this program within the Department of Environmental Protection, which consists of the various basin management action plans around the Indian River Lagoon. The Department water management districts, local governments and other stakeholders are directed to identify and prioritize strategies necessary to meet water quality standards. Beginning January 2024, the bills prohibit the installation of new septic systems for areas within the Program where central sewer is available. If central sewer is not available, only advanced nutrient-reducing onsite systems or distributed wastewater systems will be permitted. By July 2030, the bills require any existing septic system within the areas subject to the Program to connect to central sewer if available or upgrade to an advanced onsite system. 

Outstanding Florida Springs

HB 1379 requires a septic system remediation plan to be developed if septic systems are identified as contributors of nonpoint source nitrogen pollution, regardless of the percentage of contribution. Both bills prohibit the installation of septic systems where connection to central sewer is available. For lots of less than 1 acre where central sewer is not available, the bills require the use of advanced treatment onsite systems. 

Basin Management Action Plans

The bills specify additional required contents for basin management action plans, including a requirement that any entity with a specific pollutant load reduction requirement established in a plan identify the projects or strategies the entity will undertake to meet the plan’s current five-year milestone. Each project identified must include an estimated amount of nutrient reduction that is expected. The bills prohibit the installation of new septic systems within areas subject to a basin management action plan or reasonable assurance plan where connection to central sewer is available. In addition, the bills require the installation of advanced onsite septic systems on lots of 1 acre or less located within such areas if central sewer is not available. 

Wastewater Grant Program

The bills rename the Wastewater Grant Program in Section 403.0673, Florida Statutes, to the “Water Quality Improvement Grant Program” and expand the types of projects that reduce the amount of nutrients entering waters that are not attaining nutrient or nutrient-related standards, have an established TMDL, are located within a BMAP area or are within an alternative restoration plan area, or a rural area of opportunity. Expanded project types include: wastewater facility repair, projects to upgrade, construct or expand stormwater treatment facilities, wastewater reuse and collection systems, projects included in a septic system or wastewater facility remediation plan and projects listed in a city or county capital improvements element. The bills specify that funding priority must be given to projects most likely to achieve the maximum pollutant reduction. 

Advanced Waste Treatment

For facilities that discharge to specified waters and are required by current law to upgrade to advanced waste treatment by a specified date, the bill authorizes the Department of Environmental Protection to require even more stringent treatment standards of these facilities if necessary to achieve the total maximum daily load or applicable water quality criteria. In addition, beginning January 2033, waters that are not attaining nutrient standards or that are subject to a nutrient basin management action plan or reasonable assurance plan are subject to the requirement to upgrade to advanced wastewater treatment facilities. Finally, the bills provide that sewage disposal facilities may not dispose of any wastes in the following waters without providing advanced waste treatment within a 10-year period: a waterbody that does not attain nutrient standards after July 2023; a water body that is subject to a nutrient related basin management action plan after July 2023; or a waterbody that is subject to an adopted reasonable assurance plan after July 2023. (O’Hara)