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.
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.
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