House environmental package in transit to final committee

The Department of Environmental Protection (DEP) package bill is on its way to its last House committee, after members of the House Agriculture and Natural Resources Appropriations Subcommittee unanimously approved it.

Among other tasks, the legislation targets septic tanks and nutrient pollution, particularly as those issues pertain to springs and the Indian River Lagoon.

It prohibits installing new septic tank systems within a basin management action plan (BMAP), a reasonable assurance plan or pollution reduction plan where there’s an available connection to a sewerage system.

For lots 1 acre or smaller where such a sewer system isn’t available, the property owner has to install enhanced nutrient-reducing septic tanks, which reach at least 50% nutrient reduction compared to a standard septic tank.

BMAP comprehensive plans would be required to address coordination of upgrading water facilities and prioritization of advanced waste treatment, along with looking at the possibility of providing sewer services within 10 years to any group of more than 50 residential lots with a density of more than one septic tank per acre.

“We are currently working with (the onsite sewage program division of the DEP) to move forward on innovative language, so part of the language that came out of Senate Bill 712 was a discussion on innovative technology,” said Roxanne Groover, Executive Director of the Florida Onsite Wastewater Association.

“Innovative technologies are enhanced nutrient-reduction systems that haven’t been able to be utilized fully, utilized and approved here in the state of Florida. By working with the department on this process, we’ll be able to expedite and move some of these new technologies into the state.”

By “new,” Groover noted they’re new to Florida, as some of the practices have 20 years of implementation in other states.

“We’re talking in excess of 65% (nitrogen) nutrient reduction, and we also have phosphorus-reducing systems,” she said.

More funding would help, Groover argued, pointing out 33% of state wastewater goes through septic tank systems, yet those systems receive less than 1% of wastewater infrastructure spending.

HB 1379, like its related bill in the Senate, also includes a new section of proposed Florida law that directly addresses the Indian River Lagoon.

For properties within the BMAPs affecting the Indian River Lagoon, the bill would ban installation of new septic tanks starting next year, where a central sewer system is available, unless those installations were previously permitted.

By Jan. 1, 2030, properties with septic tanks would need to connect to a central sewer, if available, and an enhanced nutrient septic tank or wastewater treatment system if not.

“(Septic tanks) account for much of the nitrogen enrichment in groundwater in the (Indian River Lagoon) watersheds because the six counties adjacent to the (Indian River Lagoon) rely heavily on (septic tanks) for wastewater management,” according to the House staff analysis.

“As of 2021, there were approximately 300,000 permitted (septic tanks) within the (Indian River Lagoon) watershed. Indian River and Martin counties used (septic tanks) for over 50% of their wastewater management, and there were approximately 31,000 septic systems in each county.

“As of 2019, Brevard County, which borders nearly half of the (Indian River Lagoon), had an estimated 53,204 (septic tanks) and contributed approximately 17,863 pounds per year of total nitrogen from failing (septic tanks).”

BMAPs that include springs, meanwhile would have to include a septic tank system remediation plan for that spring if the Department of Environmental Protection (DEP) determines the septic tanks in that BMAP contribute at least 20% of the waterbody’s nonpoint source nitrogen pollution, or if DEP determines remediation is necessary.

“I’m particularly pleased to see the focus on the Indian River Lagoon area, which has been in severe decline for decades, and some may say that ecosystem has collapsed,” St. Petersburg Democratic Rep. Lindsay Cross said.

“So, this may be a Hail Mary to try to restore that system. I also really appreciate that we’re consciously moving away from septic systems.”

She noted traditional septic systems don’t do the job of keeping nutrients out of waterbodies. Solutions proposed in the bill should be a little more stringent, Cross explained.

The bill also amends the Florida Forever program to up the contract price for land acquisition needing Internal Improvement Trust Fund Board approval from $1 million to $5 million.

“We have to start somewhere,” said Palm City Republican Rep. Toby Overdorf.

“This bill is a fantastic continuation of 712, whether it be from basin management actions plans and the nutrient reduction associated with that, the Indian River Lagoon Protection Plan, and actually having (total maximum daily loads) that will now be monitored.”

HB 1379 moves on to the House Infrastructure Strategies Committee.