The Clean Waterways Act

What it may mean for your city

by Terri Lowery, Jones Edmunds & Associates, Inc.

The Clean Waterways Act was unanimously passed as Senate Bill 712 during the 2020 Legislative Session. The Act focuses on improving the environment, and many of its provisions will require city utilities to revamp their current operations to stay in compliance with the new rules. The added emphasis on environmental protection will place an increased burden on what are likely to be already stretched budgets. Here are a few examples.

Septic tanks: On July 1, 2021, the oversight of septic tanks will transfer from the Department of Health to the Department of Environmental Protection. With this change, septic tanks will be more regulated for environmental impacts than ever before. These additional requirements are focused on improving the health of our bodies of water and springs. Your city may be required to develop a septic tank remediation plan, establish new setback rules and provide cost data on septic-to-sewer projects to DEP.

Graphic courtesy of Department of Environmental Protection

Wastewater treatment: Currently, city utilities report on the performance of their wastewater treatment plants. Moving forward, city utilities will be required to report on their collection system annually and create five-year planning documents outlining improvements to the collection system. Additionally, your city may be required to develop a wastewater treatment plant remediation plan. The goal of these new regulations is to reduce the nutrients released to the environment by choice and the volume of untreated wastewater accidentally spilled. To help pay for these changes, the Clean Waterways Act establishes a new wastewater grant program; however, it is subject to legislative funding each year.

Biosolids: Land application of biosolids must comply with new water table separation requirements or demonstrate no violation of water quality standards. Your city may have to modify your practices/facilities and have fewer disposal alternatives for biosolids, which could lead to increased costs for treatment and disposal.

Potable reuse: DEP is developing rules to enable potable reuse projects based on the Potable Reuse Commission’s 2020 report recommendations. To meet future water supply needs, potable reuse might be a city’s best option. To achieve this, your city could be required to have higher levels of treatment for wastewater and drinking water facilities based on the forthcoming rules and your current treatment processes. The larger challenge for these projects is public perception, and you may need to address the public perception challenges years in advance of the water supply needs.

Photo Courtesy of Jones Edmunds & Associates, Inc.

DEP rule-making is underway, and the Clean Waterways Act is anticipated to impact budgets and utility operations beginning in fiscal year 2022 or FY 2023. Cities should pay attention as the state implements the provisions of this legislation. Please stay engaged with your Florida League of Cities lobbying team as they need local information to share with regulators during the rule-making process.

Terri Lowery is a Business Watch member and senior vice president at Jones Edmunds & Associates, Inc. She can be reached at tlowery@jonesedmunds.com or 352.871.7062.

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