Clean Waterways Act Requirements for Wastewater & Onsite Sewage Treatment and Disposal Systems Plans in Nutrient BMAPs

Clean Waterways Act - Senate Bill 712 (2020)

Wastewater Treatment Plans and 

Onsite Sewage Treatment and Disposal System Remediation Plans

Subparagraph 403.067(7)(a)9., Florida Statutes, specifies that local governments (counties and municipalities) within a basin management action plan (BMAP) must develop a wastewater treatment plan and/or an onsite sewage treatment and disposal system (OSTDS) remediation plan containing certain information (please see below), if the Florida Department of Environmental Protection (department) identifies domestic wastewater treatment facilities or onsite sewage treatment and disposal systems (OSTDS) as contributors of at least 20 percent of point source or nonpoint source nutrient pollution or if the department determines remediation is necessary to achieve the total maximum daily load (TMDL). A Final Order has been issued that identifies the BMAPs where this requirement applies.

Within 30 days of the effective date of the Final Order, which was June 12, 2023, any local government that meets the above criteria that DOES NOT contain a domestic wastewater facility and/or OSTDS and DOES NOT believe it has a demonstrated need to establish a domestic wastewater treatment facility and/or OSTDS remediation plan within its jurisdiction to improve water quality in order to achieve the water quality objectives of the BMAP, shall submit to the department a written explanation along with any information supporting its contention. The department encourages counties and municipalities to file joint wastewater treatment plans and/or OSTDS remediation plans where possible.

A webinar will be held at 10 a.m. on June 26, 2023. Topics of discussion will focus on the Clean Waterways Act requirements for WWTP and OSTDS remediation plans for local governments in nutrient BMAPs. This will be a combined webinar for all BMAPs across the state.

Registration is open for the webinar. After registering, you will receive a confirmation email with information about joining the webinar.

Submittals to the Department | Timeline | Getting Started | Wastewater Treatment Plans | OSTDS Remediation Plans | Resources | Frequently Asked Questions

Submittals to the Department

Please send your wastewater treatment plans and OSTDS remediation plans to Moira Homann at BMAPProgram@floridadep.gov.

If you do not believe your local government has a demonstrated need to create a wastewater and/or an OSTDS remediation plan to improve water quality in order to achieve the water quality objectives of the BMAP. Please submit to the department a written explanation along with any information supporting its contention to Moira Homann at BMAPProgram@floridadep.gov.

Timeline

• Written explanation of potential exemption must be submitted by July 12, 2023.
• Draft plans will be due to the department by Feb. 1, 2024.
• Completed plans will be due to the department by Aug. 1, 2024.

Getting Started

Do you have a Wastewater Treatment Facility within your jurisdiction? If you answered yes, please see the below checklist for all required information that needs to be included in this plan.

Do you have onsite sewage treatment and disposal systems (OSTDS) in your jurisdiction? If you answered yes, please see the below checklist for all required information that needs to be included in this plan.

Wastewater Treatment Plans

1. The facility’s permitted capacity in average annual gallons per day;
2. The facility’s permitted TN and TP effluent limits for the facility;
3. The annual TN and TP loads (showing both flow and concentrations) discharged from the facility over the past five years, estimated if necessary;
4. A capacity analysis for the facility, considering future growth over the next 20 years;
5. A list and ranking of facility construction, expansion, or upgrades necessary to meet applicable nutrient water quality requirements (for example, to meet nutrient effluent limits in BMAPs and TMDLs, section 403.064(17), Florida Statutes, requirements, or other statutory or regulatory requirements), and the estimated costs of these facility improvements; and,
6. A projected timeline of the dates by which the construction of any facility improvements, including new/extended sewer lines, will begin and be completed and the date by which operations of the improved facility will begin.

Onsite Sewage Treatment and Disposal System (OSTDS) Remediation Plans

1. An inventory of the OSTDS (including locational information, such as GIS shape files, if available, or an excel spreadsheet with addresses and/or latitude and longitude) within the local government’s jurisdiction or service area based on the best information available;
2. An estimate of future growth in new OSTDS over the next 20 years in the local government’s jurisdiction or service area (including locational information, such as GIS shape files, if available, or an excel spreadsheet with addresses and/or latitude and longitude);
3. An inventory of OSTDS that are expected to be eliminated over the next 20 years through connection to central sewer lines of a domestic wastewater facility or other distributed wastewater system with additional nutrient reduction (including locational information, such as GIS shape files, if available, or an excel spreadsheet with address and/or latitude and longitude);
4. Identification of deadlines and interim milestones for the planning, design, and construction of new/extended central sewer lines and replacement of OSTDS by connection to the new/extended lines (including locational information, such as GIS shape files, if available, or an excel spreadsheet with address and/or latitude and longitude)
5. The estimated costs associated with the projects in 4) above;
6. For OSTDS that are not expected to be eliminated over the next 20 years through connection to central sewer lines, an estimate of the number of these OSTDS that will require upgrading to enhanced nutrient-reducing OSTDS or participating in a distributed wastewater treatment system with additional nutrient reduction (including locational information, such as GIS shape files, if available, or an excel spreadsheet with addresses and/or latitude and longitude) within the local government’s jurisdiction, in order to meet the water quality objectives of the BMAP;
7. The estimated costs associated with upgrading to enhanced nutrient-reducing OSTDS that are identified in 6); and,
8. Any other cost-effective and financially feasible projects necessary to achieve the nutrient load reductions for OSTDS in order to meet the water quality objectives of the BMAP with estimated costs, timelines, and locational information.

Resources:

• Clean Waterways Act - Senate Bill 712, section 403.067(7)(a)9., Florida Statutes
• March 2022 Clean Waterways Act Requirements department webinar and meeting minutes
• June 2023 Clean Waterways Act Requirements Webinar and Meeting Minutes 

Florida’s Geographic Information Systems (GIS) coverages for available OSTDS and wastewater information:

• Florida Water Management Inventory
• Wastewater Facility Regulation (WAFR) - Wastewater Facilities 
• Wastewater Facility Regulation (WAFR)- Wastewater Sites

Frequently Asked Questions 

FAQ Document 

Submittals to the Department:

All submittals required herein shall be transmitted electronically to Moira Homann at BMAPProgram@floridadep.gov.