Senate Bill 712 ‘The Clean Waterways Act’ was signed into Florida law on June 30, 2020. The purpose of the bill is to better protect Florida’s water resources and focuses on minimizing the impact of known sources of nutrient pollution. These sources include septic systems, wastewater treatment plants, stormwater runoff as well as fertilizer used in agricultural production.
Senate Bill 712 focuses on protecting Florida’s water resources such as Jackson Blue Springs/Merritt’s Mill Pond, pictured here. Credit: Doug Mayo, UF/IFAS.
What major provisions are included in SB 712?
Primary actions required by SB712 were listed in a news release by Governor Desantis’ staff in June 2020 as:
- Regulation of septic systems as a source of nutrients and transfer of oversight from the Florida Department of Health (DOH) to the Florida Department of Environmental Protection (DEP).
- Contingency plans for power outages to minimize discharges of untreated wastewater for all sewage disposal facilities.
- Provision of financial records from all sanitary sewage disposal facilities so that DEP can ensure funds are being allocated to infrastructure upgrades, repairs, and maintenance that prevent systems from falling into states of disrepair.
- Detailed documentation of fertilizer use by agricultural operations to ensure compliance with Best Management Practices (BMPs) and aid in evaluation of their effectiveness.
- Updated stormwater rules and design criteria to improve the performance of stormwater systems statewide to specifically address nutrients.
How does the bill impact septic system regulation?
The transfer of the Onsite Sewage Program (OSP) (commonly known as the septic system program) from DOH to DEP becomes effective on July 1, 2021. So far, DOH and DEP submitted a report to the Governor and Legislature at the end of 2020 with recommendations on how this transfer should take place. They recommend that county DOH employees working in the OSP continue implementing the program as DOH-employees, but that the onsite sewage program office in the State Health Office transfer to DEP and continue working from there. DOH created an OSP Transfer web page where updates and documents related to the transfer are posted.
How does the bill impact agricultural operations?
SB 712 affects all landowners and producers enrolled in the Florida Department of Agriculture and Consumer Services (FDACS) BMP Program. Under this bill:
- Every two years FDACS will make an onsite implementation verification (IV) visit to land enrolled in the BMP program to ensure that BMPs are properly implemented. These visits will be coordinated between the producer and field staff from FDACS Office of Agriculture and Water Policy (OAWP).
- During these visits (and as they have done in the past), field staff will review records that producers are required to keep under the BMP program.
- Field staff will also collect information on nitrogen and phosphorus application. FDACS has created a specific form, the Nutrient Application Record Keeping Form or NARF where producers will record quantities of N and P applied. FDACS field staff will retain a copy of the NARF during the IV visit.
FDACS-OAWP prepared a thorough document with responses to SB 712 Frequently Asked Questions (FAQ’s). It includes responses to questions about site visits, the NARF and record keeping, why FDACS is collecting nutrient records and what will be done with this information. The fertilizer records collected are not public information, and are protected under the public records exemption (Section 403.067 Florida Statutes). For areas that fall under a Basin Management Action Plan (like the Jackson Blue and Wakulla Springs Basins in the Florida Panhandle), FDACS will combine the nitrogen and phosphorus application data from all enrolled properties (total pounds of N and P applied within the BMAP). It will then send the aggregated nutrient application information to FDEP.
Details of how all aspects of SB 712 will be implemented are still being worked out and we should continue to hear more in the coming months.
Insect pests can destroy substantial quantities of crops, prompting growers to invest heavily in pesticide use. Previ
These three common species of bats in FL, GA, and AL eat insect pests notorious for causing substantial damage to crops: the Seminole bat (Lasiurus seminolus), southeastern bat (Myotis austroriparius), and evening bat (Nycticeius humeralis) (photo credits @MerlinTuttle.org).
ous research in Texas suggested that bats could reduce pesticide costs by over a million dollars within their state, due to the bats’ fondness for pests that damage cotton. Scientists at UF/IFAS recently collected evidence locally that indicates bats are providing valuable assistance with pest reduction for many of the crops grown here too.
During spring and summer of 2018 scientists at UF clarified what the common species of bats were eating in north Florida, south Georgia, and south Alabama. We investigated 161 bats across 21 counties and found that 28% of these bats ate at least one Lepidopteran (moth) pest species, 21% ate a Coleopteran (beetle) pest, and 18% ate a Hemipteran (true bug) pest. In total, 12 different species of agricultural pest species were eaten by these bats.
The moth pests consumed by bats were:
- Green Cutworm Moth (Anicla infecta)
- Tobacco Budworm (Chloridea virescens)
- Soybean Looper (Chrysodeixis includens)
- Garden Tortrix (Clepsis peritana)
- Lesser Cornstalk Borer (Elasmopalpus lignosellus)
- Corn Earworm (Helicoverpa zea)
- Beet Armyworm (Spodoptera exigua)
- Fall Armyworm (Spodoptera frugiperda)
- Red-Necked Peanutworm Moth (Stegasta bosqueella)
The beetle and true bug pests consumed by bats were:
- Hairy Fungus Beetle (Typhaea stercorea)
- Tarnished Plant Bug (Lygus lineolaris)
- Two-lined Spittlebug (Prosapia bicincta)
Three of these pests (Soybean Looper, Beet Armyworm, and Two-lined Spittlebug) were most often consumed by pregnant and juvenile bats. This is good news for growers of crops affected by these pests because you have a sound option for increasing the likelihood of bats helping control them. The trick is to provide the conditions that adult female bats like near the crops these pests feed on (e.g., soybeans, peanut, cotton, corn, sorghum, safflower). Most female bats pick a maternity roost in early spring. A maternity roost is a structure that provides warm, dry, dark conditions for female bats to sleep in during the day, and it is ultimately where they give birth to pups. When selecting a site to set up a maternity roost, female bats look for structures that are large enough to provide shelter for a large number of bats. A roomy structure can accommodate many bats, which allows the flightless pups to keep each other warm while the mothers fly in search of food at night. Installing a bat house like those shown here can provide conditions appropriate for a maternity colony, increasing your chances of having bats help control these insect pests.
Another useful strategy for enhancing pest control services by bats involves creating or maintaining structures that could serve as natural roost sites for bats. The natural structures bats prefer include large trees with cavities, dead and dying trees with peeling bark, oak trees with Spanish moss, and palm trees allowed to maintain their dead fronds. In agricultural areas and suburban areas these types of trees are often in short supply.
Maintaining large, old trees of a mix of species, and supplementing with bat houses, can help ensure there are plenty of roosting options for bats. This, in turn, will increase the likelihood that bats are available to assist with your pest management.
The major goal of the Wakulla Springs Basin Management Action Plan (BMAP) is to reduce nitrogen loads to Wakulla Springs. Septic systems are identified as the primary source of this nitrogen. Photo: A. Albertin
A Basin Management Action Plan, or BMAP, is a management plan developed for a waterbody (like a spring, river, lake, or estuary) that does not meet the water quality standards set by the state. One or more pollutants can impair a waterbody. In Florida, the most common pollutants are nutrients (particularly nitrate), pathogens (fecal coliform bacteria) and mercury.
The goal of the BMAP is to reduce the pollutant load to meet water quality standards set by the Florida Department of Environmental Protection (FDEP). BMAPS are roadmaps with a list of projects and management action items to reach these standards. FDEP develops them with stakeholder input. Targets are set at 20 years, and progress towards those targets is assessed every five years.
It’s important to understand that a BMAP encompasses the entire land area that contributes water to a given waterbody. For example, the land area that contributes water to Jackson Blue Springs and Merritts Mill Pond (either from surface waters or groundwater flow) is 154 square miles, while the Wakulla Springs Basin covers an area of 1,325 square miles.
BMAPs in the Panhandle
There are 33 adopted BMAPS in the state, and 5 that are pending adoption. Here in the Panhandle, we have three adopted BMAPS. They are the Bayou Chico BMAP in Escambia County, the Wakulla Springs BMAP in Wakulla, Leon, Gadsden and small parts of Jefferson County, and the Jackson Blue/Merritts Mill Pond BMAP in Jackson County. All three are impaired for different reasons.
- Bayou Chico discharges into Pensacola Bay and is polluted by fecal coliform bacteria. The BMAP addresses ways to reduce coliforms from humans and pets, which includes sewer expansion projects, stormwater runoff management, septic tank inspections, pet waste ordinances and a Clean Marina and Boatyard program.
- Wakulla Springs Nitrate from human waste is the main pollutant to Wakulla Springs, and Tallahassee’s wastewater treatment facility and the city’s Southeast Sprayfield were identified as the main sources. Both sites were upgraded (the sprayfield was moved), greatly reducing nitrate contributions to the spring basin. The BMAP is focused on septic systems and septic to sewer hookups.
- Jackson Blue/Merritts Mill Pond Nitrate is also the primary pollutant to the Jackson Blue/Merritts Mill Pond Basin, but nitrogen fertilizer from agriculture is identified as the main source. This BMAP focuses on farmers implementing Best Management Practices (BMPs), land acquisition by the Northwest Florida Water Management District , as well as septic tanks, recognizing their nitrogen contribution to Merritts Mill Pond.
Once all the BMAPS are adopted, FDEP states that almost 14 million acres will be under active basin management, an area that includes more than 6.5 million Floridians.
Adopted and pending BMAPS in Florida. Source: FDEP Statewide Annual Report, June 2018
How are residents living in an area with a BMAP affected? It varies by BMAP and specifically land use within its boundaries. For example, in BMAPs where nitrogen from septic systems are found to be a major source of nutrient impairment to a water body, septic to sewer hookups, or septic system upgrades to more advanced treatment units will be required in specific areas. In urban areas where nitrogen fertilizer is an important source, municipalities are required to adopt fertilizer ordinances. Where nitrogen fertilizer from agricultural production is a major source of impairment, producers are required to implement Best Management Practices to reduce nitrogen loads.
More information about BMAPS
For specific information on BMAPS, FDEP has an excellent website: https://floridadep.gov/dear/water-quality-restoration/content/basin-management-action-plans-bmaps All BMAPs (full reports with specific action items listed) can be found there, along with maps, information about upcoming meetings and webinars and other pertinent information.
Your local Health Department Office is the best resource regarding septic systems and any ordinances that may apply to you depending on where you live. Your Water Management District (in the Panhandle it’s the Northwest Florida Water Management District) is also an excellent resource and staff can let you know whether or not you live or farm in an area with a BMAP and how that may affect you.
By Vance Crain and Andrea Albertin
Fisherman with a large Shoal Bass in the Apalachicola-Chattahootchee-Flint River Basin. Photo credit: S. Sammons
Along the Chipola River in Florida’s Panhandle, farmers are doing their part to protect critical Shoal Bass habitat by implementing agricultural Best Management Practices (BMPs) that reduce sediment and nutrient runoff, and help conserve water.
Florida’s Shoal Bass
Lurking in the clear spring-fed Chipola River among limerock shoals and eel grass, is a predatory powerhouse, perfectly camouflaged in green and olive with tiger stripes along its body. The Shoal Bass (a species of Black Bass) tips the scale at just under 6 lbs. But what it lacks in size, it makes up for in power. Unlike any other bass, and found nowhere else in Florida, anglers travel long distances for a chance to pursue it. Floating along the swift current, rocks, and shoals will make you feel like you’ve been transported hundreds of miles away to the Georgia Piedmont, and it’s only the Live Oaks and palms overhanging the river that remind you that you’re still in Florida, and in a truly unique place.
Native to only one river basin in the world, the Apalachicola-Chattahoochee-Flint (ACF) River Basin, habitat loss is putting this species at risk. The Shoal Bass is a fluvial specialist, which means it can only survive in flowing water. Dams and reservoirs have eliminated habitat and isolated populations. Sediment runoff into waterways smothers habitat and prevents the species from reproducing.
In the Chipola River, the population is stable but its range is limited. Some of the most robust Shoal Bass numbers are found in a 6.5-mile section between the Peacock Bridge and Johnny Boy boat ramp. The Florida Fish and Wildlife Conservation Commission has turned this section into a Shoal Bass catch and release only zone to protect the population. However, impacts from agricultural production and ranching, like erosion and nutrient runoff can degrade the habitat needed for the Shoal Bass to spawn.
Preferred Shoal Bass habitat, a shoal in the Chipola River. Photo credit: V. Crain
Shoal Bass habitat conservation and BMPs
In 2010, the Southeast Aquatic Resources Partnership (SARP), the National Fish and Wildlife Foundation and a group of scientists (the Black Bass Committee) developed the Native Black Bass Initiative. The goal of the initiative is to increase research and the protection of three Black Bass species native to the Southeast, including the Shoal Bass. It also defined the Shoal Bass as a keystone species, meaning protection of this apex predators’ habitat benefits a host of other threatened and endangered species.
Along the Chipola River, farmers are teaming up with SARP and other partners to protect Shoal Bass habitat and improve farming operations through BMP implementation. A major goal is to protect the river’s riparian zones (the areas along the borders). When healthy, these areas act like sponges by absorbing nutrients and sediment runoff. Livestock often degrade riparian zones by trampling vegetation and destroying the streambank when they go down to a river to drink. Farmers are installing alternative water supplies, like water wells and troughs in fields, and fencing out cattle from waterways to protect these buffer areas and improve water quality. Row crop farmers are helping conserve water in the river basin by using advanced irrigation technologies like soil moisture sensors to better inform irrigation scheduling and variable rate irrigation to increase irrigation efficiency. Cost-share funding from SARP, the USDA-NRCS and FDACS provide resources and technical expertise for farmers to implement these BMPs.
Holstein drinking from a water trough in the field, instead of going down to the river to get water which can cause erosion and problems with water quality. Photo credit: V. Crain
By working together in the Chipola River Basin, farmers, fisheries scientists and resource managers are helping ensure that critical habitat for Shoal Bass remains healthy. Not only is this important for the species and resource, but it will ensure that future generations can continue to enjoy this unique river and seeing one of these fish. So the next time you catch a Shoal Bass, thank a farmer.
For more information about BMPs and cost-share opportunities available for farmers and ranchers, contact your local FDACS field technician: https://www.freshfromflorida.com/Divisions-Offices/Agricultural-Water-Policy/Organization-Staff and NRCS field office USDA-NRCS field office: https://www.nrcs.usda.gov/wps/portal/nrcs/main/fl/contact/local/ For questions regarding the Native Black Bass Initiative or Shoal Bass habitat conservation, contact Vance Crain at firstname.lastname@example.org
Vance Crain is the Native Black Bass Initiative Coordinator for the Southeast Aquatic Resource Partnership (SARP).
Being in the panhandle of Florida you may, or may not, have heard about the water quality issues hindering the southern part of the state. Water discharged from Lake Okeechobee is full of nutrients. These nutrients are coming from agriculture, unmaintained septic tanks, and developed landscaping – among other things. The discharges that head east lead to the Indian River Lagoon and other Intracoastal Waterways. Those heading west, head towards the estuaries of Sarasota Bay and Charlotte Harbor.
A large bloom of blue-green algae (cyanobacteria) in south Florida waters.
Those heading east have created large algal blooms of blue-green algae (cyanobacteria). The blooms are so thick the water has become a slime green color and, in some locations, difficult to wade. Some of developed skin rashes from contacting this water. These algal blooms block needed sunlight for seagrasses, slow water movement, and in the evenings – decrease needed dissolved oxygen. When the algae die, they begin to decompose – thus lower the dissolved oxygen and triggering fish kills. It is a mess – both environmentally and economically.
On the west coast, there are red tides. These naturally occurring events happen most years in southwest Florida. They form offshore and vary in intensity from year to year. Some years beachcombers and fishermen barely notice them, other years it is difficult for people to walk the beaches. This year is one of the worst in recent memories. The increase in intensity is believed to be triggered by the increase in nutrient-filled waters being discharged towards their area.
Dead fish line the beaches of Panama City during a red tide event in the past.
Photo: Randy Robinson
On both coasts, the economic impact has been huge and the quality of life for local residents has diminished. Many are pointing the finger at the federal government who, through the Army Corp of Engineers, controls flow in the lake. Others are pointing the finger at shortsighted state government, who have not done enough to provide a reserve to discharge this water, not enforced nutrient loads being discharged by those entities mentioned above. Either way, it is a big problem that has been coming for some time.
As bad as all of this is, how does this impact us here in the Florida panhandle?
Though we are not seeing the impacts central and south Florida are currently experiencing, we are not without our nutrient discharge issues. Most of Florida’s world-class springs are in our part of the state. In recent years, the water within these springs have seen an increase in nutrients. This clouds the water, changing the ecology of these systems and has already affected glass bottom boat tours at some of the classic springs. There has also been a decline in water entering the springs due to excessive withdrawals from neighboring communities. The increase in nutrients are generally from the same sources as those affecting south Florida.
Florida’s springs are world famous. They attracted native Americans and settlers; as well as tourists and locals today.
Photo: Erik Lovestrand
Though we are not seeing large algal blooms in our local estuaries, there are some problems. St. Joe Bay has experienced some algal blooms, and a red tide event, in recent years that has forced the state to shorten the scallop season there – this obviously hurts the local economy. Due to stormwater runoff issues and septic tanks maintenance problems, health advisories are being issued due to high fecal bacteria loads in the water. Some locations in the Pensacola area have levels high enough that advisories must be issued 30% of the time they are sampled – some as often as 40%. Health advisories obviously keep tourists out of those waterways and hurt neighboring businesses as well as lower the quality of life for those living there.
Then of course, there is the Apalachicola River issue. Here, water that normally flows from Georgia into the river, and eventually to the bay, has been held back for water needs in Georgia. This has changed flow and salinity within the bay, which has altered the ecology of the system, and has negatively impacted one of the more successful seafood industries in the state. The entire community of Apalachicola has felt the impact from the decision to hold the water back. Though the impacts may not be as dramatic as those of our cousins in south Florida, we do have our problems.
Bay Scallop Argopecten iradians
What can we do about it?
The quick answer is reduce our nutrient input.
The state has adopted Best Management Practices (BMPs) for farmers and ranchers to help them reduce their impact on ground water and surface water contamination from their lands. Many panhandle farmers and ranchers are already implementing these BMPs and others can. We encourage them to participate. Read more at Florida’s Rangeland Agriculture and the Environment: A Natural Partnership – http://nwdistrict.ifas.ufl.edu/nat/2015/07/18/floridas-rangeland-agriculture-and-the-environment-a-natural-partnership/.
As development continues to increase across the state, and in the panhandle, sewage infrastructure is having trouble keeping up. This forces developments to use septic tanks. Many of these septic systems are placed in low-lying areas or in soils where they should not be. Others still are not being maintained property. All of this leads to septic leaks and nutrients entering local waterways. We would encourage local communities to work with new developments to be on municipal sewer lines, and the conversion of septic to sewer in as many existing septic systems as possible. Read more at Maintaining Your Septic Tank – http://nwdistrict.ifas.ufl.edu/nat/2017/04/29/maintain-your-septic-system-to-save-money-and-reduce-water-pollution/.
And then there are the lawns. We all enjoy nice looking lawns. However, many of the landscaping plans include designs that encourage plants that need to be watered and fertilized frequently as well as elevations that encourage runoff from our properties. Following the BMPs of the Florida Friendly Landscaping ProgramTM can help reduce the impact your lawn has on the nutrient loads of neighboring waterways. Read more at Florida Friendly Yards – http://nwdistrict.ifas.ufl.edu/nat/2018/06/08/restoring-the-health-of-pensacola-bay-what-can-you-do-to-help-a-florida-friendly-yard/.
For those who have boats, there is the Clean Boater Program. This program gives advice on how boaters can reduce their impacts on local waterways. Read more at Clean Boater – https://floridadep.gov/fco/cva/content/clean-boater-program.
One last snippet, those who live along the waterways themselves. There is a living shoreline program. The idea is return your shoreline to a more natural state (similar to the concept of Florida Friendly LandscapingTM). Doing so will reduce erosion of your property, enhance local fisheries, as well as reduce the amount of nutrients reaching the waterways from surrounding land. Installing a living shoreline will take some help from your local extension office. The state actually owns the land below the mean high tide line and, thus, you will need permission (a permit) to do so. Like the principals of a Florida Friendly Yard, there are specific plants you should use and they should be planted in a specific zone. Again, your county extension office can help with this. Read more at The Benefits of a Living Shoreline – http://nwdistrict.ifas.ufl.edu/nat/2017/10/06/the-benefits-of-a-living-shoreline/.
Though we may not be experiencing the dramatic problems that our friends in south Florida are currently experiencing, we do have our own problems here in the panhandle – and there is plenty we can do to keep the problems from getting worse. Please consider some of them. You can always contact your local county extension office for more information.
Local estuaries are a beautiful place to explore with your family. Credit: Matthew Deitch, UF IFAS Extension
Florida’s rivers, springs, wetlands, and estuaries are central features to the identity of northwest Florida. They provide a wide range of services that benefit peoples’ health and well-being in our region. They create recreational opportunities for swimmers, canoers, and kayakers; support diverse wildlife for birders and plant enthusiasts; sustain a vibrant commercial and recreational fishery and shellfishery; serve as corridors for shipping and transportation; and support ecosystems that help to improve water quality. Maintaining these aquatic ecosystem services requires a low level of chemical inputs from the upstream areas that comprise their watersheds.
Aquatic ecosystems are especially sensitive to nitrogen and phosphorus, which are key nutrients for the growth of plants, algae, and bacteria that live in these waters. High levels of these nutrients combined with our sunny weather and warm summer temperatures create conditions that can lead to rapid growth of aquatic plants and algae, which can cover these water bodies and make them no longer enjoyable for people and wildlife. It can also cause dissolved oxygen levels to fall, as plants respire (especially at night, when they are not photosynthesizing) and as bacteria consume oxygen to break down dead plant material. Low dissolved oxygen can create conditions that are deadly for fish and shellfish.
The Florida Department of Environmental Protection (FDEP) lists more than 1,400 water bodies (including rivers, springs, wetlands, and estuaries) as impaired by pollutants. Many of these are impaired by excessive nitrogen or phosphorus. It is a daunting challenge to reduce pollutants in these water bodies because their inputs frequently come from all over the landscape, rather than a specific point—nutrients can come from agricultural fields, residential landscapes, septic tanks, atmospheric deposition, and livestock throughout the watershed.
In Florida, FDEP has begun a program to reduce nutrient concentrations in impaired watersheds by collaborating with landowners and other stakeholders to develop management programs to reduce pollutants entering the state’s waters. This pollutant reduction program is currently focused on Florida’s spring systems, including Jackson Blue Spring and Merritt’s Mill Pond in Jackson County. Merritt’s Mill Pond is a 4-mile long, 270-acre pond located near Marianna, and it is a popular regional destination for swimming, boating, kayaking, and fishing in the Panhandle. Its main source is Jackson Blue Spring, which produces, on average, more than 70 million gallons of water each day. Excessive growth of aquatic plants and algae in the pond during summer reduces the area available for swimming and boating. In 2014, FDEP began working with agricultural producers, residents, developers, local government officials, and other stakeholders to identify nutrient contributions in the Merritt’s Mill Pond watershed and develop an action plan to reduce nutrients entering the pond in the coming decades. Collaborations with stakeholders help to improve the accuracy of pollutant estimates, and to ensure the plan is designed appropriately to achieve desired ecological outcomes.
This Action Plan for reducing nutrients into Merritt’s Mill Pond provides an opportunity for land managers to implement their own plans to reduce nutrient contributions without FDEP imposing rigid regulations or mandating particular actions. People can choose from an array of Best Management Practices designed to reduce nutrient contributions, and the state has made funds available for people to help implement these plans. Implementing this Action Plan will restore the wonders of Merritt’s Mill through the 21st Century.
This article was written by: Matthew J Deitch, PhD, Assistant Professor, Watershed Management with the UF IFAS Soil and Water Sciences Department at the West Florida Research and Education Center. For more information, you can contact him at email@example.com or 850-377-2592.