HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 7027 PCB WST 23-01 Ratification of Rules of the Department of Environmental
Protection
SPONSOR(S): Water Quality, Supply & Treatment Subcommittee, Overdorf
TIED BILLS: IDEN./SIM. BILLS: CS/SB 7002
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: Water Quality, Supply & Treatment 15 Y, 0 N Curtin Curtin
Subcommittee
1) Constitutional Rights, Rule of Law & 14 Y, 0 N Wagoner Miller
Government Operations Subcommittee
2) Infrastructure Strategies Committee 18 Y, 0 N Curtin Harrington
SUMMARY ANALYSIS
In 2020, the Legislature passed the Clean Waterways Act (Act) to address a number of environmental issues
relating to water quality improvement. In pertinent part, the Act expanded requirements for onsite sewage
treatment and disposal systems (OSTDSs) by requiring a remediation plan to be included in the development
of a basin management action plan for nutrient-impaired water bodies if:
OSTDSs contribute at least 20 percent of the nutrient pollution; or
The Department of Environmental Protection (DEP) determines that remediation is necessary to
achieve the total maximum daily load.
The Act also created new regulations for wastewater treatment facilities related to the prevention of sanitary
sewer overflows and underground pipe leaks.
The Act required DEP to promulgate rules to administer the requirements of the OSTDS remediation plan (rule
62-6.001, F.A.C.) and to implement requirements of the Act related to reducing domestic wastewater treatment
facility overflows and pipe leakages through pipe repair action plans, power outage contingency plans, and
reports relating to expenditures on pollution mitigation and prevention (rules 62-600.405, 62-600.705, and 62-
600.720, F.A.C.).
A statement of estimated regulatory costs (SERC) must be prepared if a proposed rule will have an adverse
impact on small business or is likely to directly or indirectly increase regulatory costs in excess of $200,000 in
the aggregate within one year after implementation. If the SERC shows that the adverse impac t or regulatory
costs of the proposed rule exceeds $1 million in the aggregate within five years after implementation, then the
proposed rule must be submitted to the Legislature for ratification. The SERCs developed by DEP indicate
that the estimated costs of the rules will exceed $1 million within five years after implementation. Accordingly,
the rules must be ratified by the Legislature to be effective. As such, rules 62-6.001, 62-600.405, 62-600.705,
and 62-600.720, F.A.C., were timely submitted to the Legislature for ratification.
The bill ratifies the DEP rules, rules 62-6.001, 62-600.405, 62-600.705, and 62-600.720, F.A.C. The bill serves
no other purpose and will not be codified in the Florida Statutes. The bill specifies that after becoming law, its
enactment and effective dates will be noted in the Florida Administrative Code, the Florida Administrative
Register, or both, as appropriate.
The bill has a significant fiscal impact on the state. See Fiscal Comments in Section II.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 4/17/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
The Clean Waterways Act
The Legislature passed the Clean Waterways Act (Act) in 2020 to address a number of environmental
issues relating to water quality improvement, including onsite sewage treatment and disposal systems
(OSTDSs), wastewater, stormwater, agriculture, and biosolids, and it directed the Department of
Environmental Protection (DEP) to promulgate rules to implement these policies.1
In pertinent part, the Act expanded requirements for OSTDS (septic system) remediation plans by
requiring a remediation plan to be included in the development of a basin management action plan
(BMAP) for nutrient-impaired water bodies if:
OSTDSs contribute at least 20 percent of the nutrient pollution; or
DEP determines that remediation is necessary to achieve the total maximum daily load
(TMDL).2
The Act authorized DEP to adopt rules to administer the requirements of an OSTDS remediation plan. 3
The Act also addressed prevention of sanitary sewer overflows, underground pipe leaks, and inflow and
infiltration.4 DEP’s rules must reasonably limit, reduce, and eliminate domestic wastewater collection
and transmission system pipe leakages and inflow and infiltration.5 The Act authorized DEP to adopt
rules relating to pipe assessment, repair, and replacement action plans, power outage contingency
plans, and reports relating to expenditures on pollution mitigation and prevention. 6
Water Quality and Nutrients
Phosphorus and nitrogen are naturally present in water and are essential nutrients for the healthy
growth of plant and animal life.7 The correct balance of both nutrients is necessary for a healthy
ecosystem; however, excessive nitrogen and phosphorus can cause significant water quality
problems.8 Phosphorus and nitrogen are derived from natural and human-made sources.9 Human-
made sources include sewage disposal systems (wastewater treatment facilities and OSTDSs),
overflows of storm and sanitary sewers (untreated sewage), agricultural production and irrigation
practices, and stormwater runoff.10
Excessive nutrient loads may result in harmful algal blooms, nuisance aquatic weeds, and the alteration
of the natural community of plants and animals.11 Dense, harmful algal blooms can also cause human
health problems, fish kills, problems for water treatment plants, and impairment of the aesthetics and
taste of water. Growth of nuisance aquatic weeds tends to increase in nutrient-enriched waters, which
may also impact recreational activities.12
1 Ch. 2020-150, Laws of Fla.
2 Id.
3 Id.
4 Id.
5 Id.
6 Id.
7 U.S. Environmental Protection Agency (EPA), The Issue, https://www.epa.gov/nutrientpollution/issue (last visited Mar. 1, 2023).
8 Id.
9 Id.
10 EPA, Sources and Solutions, https://www.epa.gov/nutrientpollution/sources -and-solutions (last visited Mar. 1, 2023).
11 EPA, supra note 7.
12 Id.; see also National Institute of Environmental Health Sciences, Algal Blooms,
https://www.niehs.nih.gov/health/topics/agents/algal-blooms/index.cfm (last visited Mar. 4, 2023).
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Total Maximum Daily Loads
A TMDL, which must be adopted by rule, is a scientific determination of the maximum amount of a
given pollutant that can be absorbed by a waterbody and still meet water quality standards. 13
Waterbodies or sections of waterbodies that do not meet the established water quality standards are
deemed impaired.14 Pursuant to the federal Clean Water Act, DEP must establish a TMDL for impaired
waterbodies.15
Basin Management Action Plans (BMAPs)
DEP is the lead agency in coordinating the development and implementation of TMDLs. 16 BMAPs are
one of the primary mechanisms DEP utilizes to achieve TMDLs. BMAPs are plans that address the
entire pollution load, including point and nonpoint discharges, 17 for a watershed. BMAPs generally
include:
Permitting and other existing regulatory programs, including water quality-based effluent
limitations;
Best management practices and non-regulatory and incentive-based programs, including cost-
sharing, waste minimization, pollution prevention, agreements, and public education;
Public works projects, including capital facilities; and
Land acquisition.18
DEP may establish a BMAP as part of the development and implementation of a TMDL for a specific
waterbody. First, the BMAP equitably allocates pollutant reductions to individual basins, to all basins as
a whole, “or to each identified point source or category of nonpoint sources.”19 Then, the BMAP
establishes the schedule for implementing projects and activities to meet the pollution reduction
allocations. The BMAP development process provides an opportunity for local stakeholders, local
government, community leaders, and the public to collectively determine and share water quality
cleanup responsibilities.20 BMAPs are adopted by secretarial order.21
“BMAPs must include milestones for implementation and water quality improvement,” as well as a
water quality monitoring component to evaluate whether reasonable progress is being achieved over
time.22 An assessment of progress must be conducted every five years, and revisions to the BMAP
must be made as appropriate.23
The Act required BMAPs for nutrient TMDLs to include an OSTDS remediation plan if DEP identifies
OSTDSs as contributors of at least 20 percent of nutrient pollution or if DEP determines that
remediation is necessary to achieve the TMDLs. 24 This was an expansion of the statutory requirement
that an OSTDS remediation plan must be developed if DEP determines that OSTDSs within a sensitive
13 Department of Environmental Protection (DEP), Total Maximum Daily Loads Program, https://floridadep.gov/dear/water-quality-
evaluation-tmdl/content/total-maximum-daily-loads-tmdl-p rogram (last visited Mar. 1, 2023).
14 R. 62-300.200(7), F.A.C. (“Impaired water” shall mean a waterbody or waterbody segment that does not meet its applicable water
quality standards as set forth in Chapters 62-302 and 62-4, F.A.C. . . . due in whole or in part to discharges of pollutants from point or
nonpoint sources).
15 S. 403.067(1), F.S.
16 S. 403.061, F.S. DEP has the power and the duty to control and prohibit pollution of air and water in accordance with th e law and
rules adopted and promulgated by it. Furthermore, s. 403.061(21), F.S., allows DEP to advise, consult, cooperate, and enter into
agreements with other state agencies, the federal government, other states, interstate agencies, etc.
17 The term “point source” means “any discernible, confined, and discrete conveyance, including any pipe, ditch, channel, tunnel,
conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collectio n system,
vessel or other floating craft from which pollutants are or may be discharged.” Nonpoint sources of pollution are sources of pollution
that are not point sources. Rule 62-620.200(37), F.A.C.
18 S. 403.067(7), F.S.
19 S. 403.067(7)(a)2., F.S.
20 DEP, Basin Management Action Plans (BMAPs), https://floridadep.gov/dear/water-quality-restoration/content/basin-management-
action-plans-bmaps (last visited Mar. 1, 2023).
21 S. 403.067(7)(a)5., F.S.
22 S. 403.067(7)(a)6., F.S.
23 Id.
24 Ch. 2020-150, Laws of Fla.
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spring area contribute at least 20 percent of nonpoint source nitrogen pollution or that remediation is
necessary to achieve the TMDL.25
Onsite Sewage Treatment and Disposal Systems
OSTDSs, commonly referred to as “septic systems,” generally consist of two basic parts: the septic
tank and the drainfield.26 Waste from toilets, sinks, washing machines, and showers flows through a
pipe into the septic tank, where anaerobic bacteria break the solids into a liquid form. The liquid portion
of the wastewater flows into the drainfield, which is generally a series of perforated pipes or panels
surrounded by lightweight materials such as gravel or Styrofoam. The drainfield provides a secondary
treatment where aerobic bacteria continue deactivating the germs. The drainfield also provides
filtration of the wastewater, as gravity draws the water down through the soil layers. 27
There are an estimated 2.6 million OSTDSs in Florida, providing wastewater disposal for 30 percent of
the state’s population.28 In Florida, development in some areas is dependent on OSTDSs due to the
cost and time it takes to install central sewer systems. 29 For example, central sewer is not cost-
effective in rural areas or low-density developments.30 Less than one percent of OSTDSs in Florida are
actively managed and the remainder are generally only serviced when they fail.31
25 S. 373.807, F.S.
26 Department of Health (DOH), Septic System Information and Care, http://columbia.floridahealth.gov/programs -and-
services/environmental-health/onsite-sewage-disposal/septic-information-and-care.html (last visited Mar. 1, 2023); EPA, Types of
Septic Systems, https://www.epa.gov/septic/types -septic-systems (last visited Mar. 1, 2023) (showing the graphic provided in the
analysis).
27 Id.
28 DEP, Onsite Sewage Program, https://floridadep.gov/water/onsite-
sewage#:~:text=Onsite%20sewage%20treatment%20and%20disposal%20systems%20%28OSTDS%29%2C%20co mmonly,represent
s%2012%25%20of%20the%20United%20States%E2%80%99%20septic%20systems (last visited Mar. 1, 2023).
29 DOH, Report on Range of Costs to Implement a Mandatory Statewide 5-Year Septic Tank Inspection Program, Executive Summary
(Oct. 1, 2008), available at http://www.floridahealth.gov/environmental-health/onsite-sewage/_documents/costs-implement-
mandatory-statewide-inspection.pdf (last visited Mar. 4, 2023).
30 Id.
31 Id.
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In a conventional OSTDS, a septic tank does not reduce nitrogen from the raw sewage. In Florida,
approximately 30-40 percent of the nitrogen levels are reduced in the drainfield of a system that is
installed 24 inches or more from groundwater.32 This leaves a significant amount of nitrogen to
percolate into the groundwater, which makes nitrogen from OSTDSs a potential contaminant in
groundwater.33 Different types of advanced OSTDSs exist that can remove greater amounts of
nitrogen than a typical septic system (often referred to as “advanced” or “nutrient-reducing” septic
systems).34 Determining which advanced system is the best option depends on site-specific conditions.
The owner of a properly functioning OSTDS must connect to a sewer system within one year of
receiving notification that a sewer system is available for connection. 35 Owners of an OSTDS in need
of repair or modification must connect within 90 days of notification from DEP.36
The Act required the transfer of the Onsite Sewage Program from the Department of Health (DOH) to
DEP.37 The Onsite Sewage Program is being transferred over a period of five years, and guidelines for
the transfer are provided by an interagency agreement.38 Per the agreement, DEP has the primary
powers and duties of the Onsite Sewage Program, meaning that the county departments of health will
implement the OSTDS program under the direction of DEP instead of DOH.39 The county departments
of health still handle permitting and inspection of OSTDSs.40 In the event of an alleged violation of
OSTDS laws, county departments of health will be responsible for conducting an inspection to gather
information regarding the allegations.41
Wastewater Treatment Facilities
The proper treatment and disposal or reuse of domestic wastewater is an important part of protecting
Florida’s water resources. Inadequate treatment of wastewater can become a leading cause of water
pollution.42 The majority of Florida’s domestic wastewater is controlled and treated by centralized
treatment facilities regulated by DEP. Florida has approximately 2,000 permitted domestic wastewater
treatment facilities.43
Facilities or activities which discharge waste into waters of the state or which will reasonably be
expected to be a source of water pollution must obtain a permit from DEP, unless specifically exempted
from applying for a permit.44 A wastewater permit is required for:
32 DOH, Florida Onsite Sewage Nitrogen Reduction Strategies Study, Final Report 2008-2015, 21 (Dec. 2015),
http://www.floridahealth.gov/environmental-health/onsite-sewage/research/draftlegreportsm.pdf; see rule 64E-6.006(2), F.A.C.
33 University of Florida Institute of Food and Agricultural Sciences (IFAS), Onsite Sewage Treatment and Disposal Systems:
Nitrogen, 3 (Oct. 2020), available at http://edis.ifas.ufl.edu/pdffiles/SS/SS55000.pdf (last visited Mar. 1, 2023).
34 DOH, Nitrogen-Reducing Systems for Areas Affected by the Florida Springs and Aquifer Protection Act (updated May 2021),
http://www.floridahealth.gov/environmental-health/onsite-sewage/products/_documents/bmap-n-reducing-tech-18-10-29.pdf.
35 S. 381.00655, F.S.
36 Id.
37 DEP, Program Transfer, https://floridadep.gov/water/onsite-sewage/content/program-transfer (last visited Mar. 1, 2023).
38 DOH, DEP, Interagency Agreement between DEP and DOH in Compliance with Florida’s Clean Waterways Act for Transfer of the
Onsite Sewage Program, 5 (June 30, 2021), http://www.floridahealth.gov/environmental-health/onsite-
sewage/_documents/interagency-agreement-between-fdoh-fdep-onsite-signed-06302021.pdf (last visited Mar. 1, 2023).
39 Id. at 14.
40 Id. at 11; and DEP, Onsite Sewage Program, https://floridadep.gov/water/onsite-sewage (last visited Mar. 1, 2023).
41 DOH, DEP, Interagency Agreement between DEP and DOH in Compliance with Florida’s Clean Waterways Act for Trans