Permitting of Enhanced Nutrient Reducing Onsite Sewage Treatment and Disposal Systems (ENR-OSTDS)

Permitting of Enhanced Nutrient Reducing Onsite Sewage Treatment and Disposal Systems (ENR-OSTDS), House Bill 1379

Frequently Asked Questions Guidance Document

House Bill 1379 Requirements Fact Sheet

Background 

During the 2023 legislative session, the Florida Legislature passed House Bill (HB) 1379 Laws of Florida Chapter No. 2023-169. This law defines areas (“impacted” areas) in the state where advanced systems that reduce nitrogen are required instead of conventional septic systems. These specialized systems are called Enhanced Nutrient-Reducing Onsite Sewage Treatment and Disposal Systems (ENR-OSTDS) and can also be called “nitrogen-reducing systems”.  

Where are the “impacted areas” affected by HB 1379 requirements? 

HB 1379 requires nitrogen-reducing systems in places where waterbodies do not meet water quality standards and there is a plan in place to make water quality better (Basin Management Action Plan [BMAP] areas and Alternative Restoration Plan areas). See the BMAPs and Alternative Restoration Plans - OSTDS Requirements mapping tool to determine if a certain lot is in a impacted area.

HB 1379 has additional requirements for properties in the Indian River Lagoon Protection Program area, which is a portion of the impacted area that includes parts of St. Lucie, Indian River, Brevard, and Volusia counties.

Which lots are affected?

• Effective July 1, 2023, HB 1379 requires that in all impacted areas, applicants for new septic systems serving lots of one acre or less, must install a nitrogen-reducing system (ENR-OSTDS) instead of a conventional septic system.
• Effective January 1, 2024, HB 1379 requires (in the Indian River Lagoon Protection Program area only), applicants for new septic systems serving lots of all sizes to install a nitrogen-reducing system (ENR-OSTDS). By July 1, 2030, any commercial or residential property with an existing OSTDS located within this area must connect to central sewer if available or upgrade to a nitrogen-reducing system or other wastewater treatment system that achieves at least 65 percent nitrogen reduction.

For more information, please see our Frequently Asked Questions Guidance Document and House Bill 1379 Requirements Fact Sheet.

When is a new septic system permit required? 

New system permits are required when a septic system is installed where it has never been before and in certain situations when a complete septic system is replaced. Refer to DCEH 19-004 for more information on when new septic system permits are required.

What approved nitrogen-reducing systems (ENR-OSTDS) can be used to meet these requirements? 

In-ground nitrogen-reducing biofilters (INRBs), Florida-approved nitrogen-reducing (NSF 245-certified) aerobic treatment units, and Florida-approved nitrogen-reducing Performance-Based Treatment Systems can be used to meet the ENR-OSTDS standard. For a summary of each type of system, see ENR-OSTDS nitrogen-reducing technologies. 

What statutory changes require ENR-OSTDS? 

• HB 1379 amended the Florida Springs and Aquifer Protection Act (section 373.811, Florida Statutes (F.S)) to require an ENR-OSTDS within a Basin Management Action Plan (BMAP) in effect for an Outstanding Florida Spring, for new systems on lots of one acre or less when sewer is not available.  
• HB 1379 amended section 403.067, F.S. to require ENR-OSTDS for new systems on lots one acre or less within all BMAP areas, Reasonable Assurance Plan (RAP) areas and Pollution Reduction Plan (PRP) areas when sewer is not available.  
• HB 1379 created the new Indian River Lagoon Protection Program (section 373.469, F.S.). Starting January 1, 2024, ENR-OSTDS are required for new systems on all lot sizes when sewer is not available within the three BMAP areas (Banana River Lagoon, Central Indian River Lagoon, North Indian River Lagoon) and the Mosquito Lagoon RAP.  It also requires that by July 1, 2030, any commercial or residential property with an existing OSTDS located within these areas to connect to central sewer if available or upgrade to ENR-OSTDS or other wastewater treatment system that achieves at least 65 percent nitrogen reduction.