HomeMy WebLinkAboutFYI ADVISORY_Biosolids and DEP Package Summary Florida Water
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UTILITY COUNCIL
Mwef Member Association
To: FWEA Utility Council
From: Chad E. Revis
Re: Biosolids Legislation and DEP Package Summary
This memo provides a brief summary of two pieces of legislation we monitored and
engaged on during the 2023 Legislative Session. HB 1405, `Biosolids,"passed both chambers
and awaits the Governor's signature to become law. The full text of the bill can be found here.
HB 1379, `Environmental Protection,"—referred to as the DEP Package—passed both chambers
and also awaits the Governor's signature. The full text of that bill can be found here.
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o As many of our members know, the Biosolids bill had the potential to become a broad-
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E sweeping law that would have effectively prohibited biosolids land application in much of
ILI peninsular Florida. Instead, the final form of the bill simply created a grants program within
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DEP. The Legislature can now direct funds to the Department to award to counties, special
districts, and municipalities for qualified projects under the program.
Examples of projects eligible for funding under the program include, but are not limited
to,projects that reduce the amount of nutrients or emerging contaminants in biosolids and those
that provide disposal alternatives to land application or landfilling of biosolids. The Department
is responsible for allocating grant funds and is directed to consider a number of factors from the
environmental benefits to a project's methods and capabilities "to minimize the impact of
nutrients and other pollutants on water quality and the environment." Furthermore, the
Department is directed to administer at least 10% of the funds to projects in a"rural area of
opportunity" as defined in § 288.0656, Florida Statutes.
DEP Package
The DEP Package also contained many relevant provisions that impact water utilities.
With respect to advanced waste treatment, it requires sewage disposal facilities to provide such
treatment before discharging into certain impaired waters, and it also requires advanced waste
treatment within 10 years of designation for waters that are designated impaired after July 1.
There are several provisions related to onsite sewage treatment and disposal systems including a
prohibition on new OSTDSs within a BMAP, reasonable assurance plan, or pollution reduction
plan where sewer is available. For lots that are one acre or less and don't have sewer availability,
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Florida Water
44 Environment
Association IIMM
UTILITY COUNCIL
Mwef Member Association
new OSTDSs must be an enhanced system or other treatment system that achieves at least 65
percent nitrogen reduction. Additional measures such as grants and loans are provided to
encourage connecting OSTDSs to sewer systems.
Local governments are required by the legislation to consider the feasibility of providing
sanitary sewer services for developments greater than 50 residential lots that have more than one
OSTDS per acre within a 10-year planning horizon unless that area is a rural area of opportunity.
Local governments must also update their comprehensive plans to include the sanitary sewer
planning element by July of next year. And local governments subject to a BMAP or that are
within the basin of waters not meeting applicable nutrient-related water quality standards must
provide DEP with an annual update on their sanitary sewer construction in those areas.
The legislation also amped up the wastewater grant program by expanding the areas and
types of waterbodies eligible, expanding the types of projects eligible, removing the requirement
that each grant have at least 50% local match of funds, and requires more coordination by DEP
with other bodies to prioritize the most effective projects. The final piece of the legislation I'll
cover is its new requirements for BMAPs. Those include a requirement to have five-year
milestones for implementation and water quality improvement, a requirement for certain entities
to submit to DEP a list of projects for those milestones if they have a specific pollutant load
reduction requirement, and further comprehensive plan requirements for local governments.
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