STORAGE NAME: h0645a.NRD
DATE: 3/18/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 645
TITLE: Distributed Wastewater Treatment System
Permits
SPONSOR(S): Conerly
COMPANION BILL: SB 796 (Bradley)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Natural Resources & Disasters
17 Y, 0 N
State Affairs
SUMMARY
Effect of the Bill:
The bill grants a general permit for distributed wastewater treatment systems (DWTSs), which authorizes the
installation of a DWTS without further action by the Department of Environmental Protection (DEP) if certain
requirements are met.
Fiscal or Economic Impact:
The bill may have an indeterminate negative fiscal impact on DEP associated with implementing the new general
permit created by the bill.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill grants a general permit, which is issued by the Department of Environmental Protection (DEP), for
distributed wastewater treatment systems. The bill defines a “distributed wastewater treatment system” as a
category of domestic wastewater facility that consists of one or more distributed wastewater treatment units
(DWTUs). A DWTU is an advanced onsite closed-tank wastewater treatment system that is (1) designed to achieve
secondary treatment standards and a minimum of 80 percent total nitrogen removal before discharge to a
subsurface application system and (2) remotely operated and controlled by the permittee using an electronic
control system. (Section 1)
The bill authorizes the installation of a DWTU to proceed without further action by DEP if, at least 30 days before
installation of the DWTU, it receives a notification certifying that the DWTU was designed by a professional
registered as required by law and that the DWTU will meet all of the following requirements:
The design capacity of the DWTU will not exceed 10,000 gallons per day of domestic wastewater or 5,000
gallons per day of commercial wastewater.
The DWTU may discharge without disinfection into a slow-rate subsurface application system that is
designed and operated to protect public health and safety and meets the current separation from, and at all
times has a minimum of 12 inches of separation from, the seasonal high groundwater.
Horizontal setback distances from the DWTU and subsurface application system to property lines, surface
waterbodies, potable water wells, and utilities are consistent with rules related to septic system permitting
and general permits. (Section 1)
The bill requires permittees to:
Have legal access to maintain, operate, and, in the case of termination of service, remove the DWTU;
Submit a plan for conducting monthly effluent compliance sampling of a representative number of
deployed DTWUs, the results of which may be aggregated to determine compliance with performance
standards; JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Conduct monthly reporting, annual inspections, recordkeeping, and biosolids management requirements;
and
Have staffing and visitation by licensed operators, but allows visitation to be accomplished using an
electronic control system. (Section 1)
The bill prohibits the operation of any DTWU from (1) creating saturated conditions on the ground surface; (2)
adversely impacting wetlands or other surface waters; or (3) causing or contributing to a violation of state water
quality standards. (Section 1)
The effective date of the bill is July 1, 2025. (Section 2)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have an indeterminate negative fiscal impact on DEP associated with implementing the new general
permit created by the bill.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Wastewater Treatment
Properly treating and disposing of or reusing domestic wastewater is an important part of protecting Florida’s
water resources. A person generates approximately 100 gallons of domestic wastewater
1 per day.
2 This
wastewater must be managed to protect public health, water quality, recreation, fish, wildlife, and the aesthetic
appeal of the state’s waterways.
3
Domestic Wastewater Treatment Facilities
The majority of the state’s wastewater is controlled and treated by centralized treatment facilities regulated by
DEP.
4 Florida has approximately 2,000 permitted domestic wastewater treatment facilities.
5
Wastewater treatment facilities are required to provide secondary treatment prior to reuse or disposal.
6 Such
treatment requires that carbonaceous biochemical oxygen demand (CBOD5) and total suspended solids not exceed
specific levels based on the method of disposal (i.e., surface water disposal, reuse, land application, or groundwater
discharge).
7 For example, for land application or groundwater discharge, the annual average of CBOD5 and total
suspended solids (TSS) may not exceed 20.0 milligrams per liter (mg/L), and the maximum-permissible
concentration in any single sample may not exceed 60.0 mg/L.
8
Advanced waste treatment (AWT) is required before discharging into certain impaired waterbodies.
9 DEP may also
order AWT if deemed necessary.
10 AWT provides a reclaimed water product containing no more than the following
concentrations of pollutants:
5 mg/L of biochemical oxygen demand;
5 mg/L of suspended solids;
1
Section 367.021(5), F.S., defines “domestic wastewater” as wastewater principally from dwellings, business buildings,
institutions, and sanitary wastewater or sewage treatment plants.
2
DEP, Domestic Wastewater Program, https://floridadep.gov/water/domestic-wastewater (last visited Mar. 18, 2025).
3
Id.
4
Id.
5
DEP, General Facts and Statistics about Wastewater in Florida, https://floridadep.gov/water/domestic-
wastewater/content/general-facts-and-statistics-about-wastewater-florida (last visited Mar. 18, 2025).
6
Sections 403.086(1)(a), F.S. and Rule 62-600.420, F.A.C.
7
CBOD5 is the quantity of oxygen utilized in the carbonaceous biochemical oxidation of organic matter present in water or
wastewater, reported as a five-day value determined using approved methods. Rule 62-600.200(8), F.A.C.
8
Rule 62-600.420(3), F.A.C.
9
Section 403.086(1)(d), F.S.
10
Section 403.086(1)(a), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
3 mg/L of total nitrogen; and
1 mg/L of total phosphorous.
11
12
Facilities may be required to provide additional treatment to satisfy water quality standards for receiving surface
and ground waters.
13 Systems within Monroe County are subject to different treatment requirements.
14
Wastewater treatment facilities must monitor the flow, the influent for CBOD5 and TSS, and the effluent for all
effluent parameters as required by the permit.
15 The minimum schedule for sampling is based on the facility’s
permitted capacity. For example, for facilities with a permitted capacity of 2,000-24,999 gallons per day, sampling
must be conducted according to the following parameters:
16
Daily
17 testing for flow, pH, and chlorine residual;
18
Weekly testing for e. coli or enterococci;
Monthly testing for TSS, CBOD5, nutrients, chlorine residual, and fecal coliform.
Wastewater treatment facilities that are designed so that some or all the effluent may enter groundwaters must
also conduct groundwater monitoring.
19
Permits other than general and generic permits require the permittee to allow DEP and the U.S. Environmental
Protection Agency (EPA) to sample or monitor any substances or parameters at any location necessary to assure
11
Section 403.086(4)(a), F.S.
12
DEP, Domestic Wastewater Treatment Process (showing flowchart of wastewater treatment process) (Dec. 13, 2024).
available at https://floridadep.gov/water/domestic-wastewater/documents/domestic-wastewater-treatment-process (last
visited on Mar. 18, 2025).
13
Rule 62-600.430, F.A.C.
14
Section 403.086(11), F.S.
15
Rule 62-600.660(1), F.A.C.
16
Id. at Figure 1.
17
The “daily” frequency is either 2, 3, or 5 days per week consistent with the required operator attendance specified in r. 62-
699.310(2)(a), F.A.C. See also Rule 62-600.660(1), F.A.C. at n. 8.
18
Total chlorine residual measured for disinfection effectiveness. Rule 62-600.660(1), F.A.C., n. 2.
19
Rule 62-600.670(1), F.A.C. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
compliance.
20 Such permittees must also allow DEP and EPA to inspect the facilities, equipment, practices, or
operations regulated under the permit.
21
Onsite Sewage Treatment and Disposal Systems
An onsite sewage treatment and disposal system (OSTDS), commonly referred to as a septic system, generally
consists of two basic parts: the septic tank and the drainfield.
22 Waste from toilets, sinks, washing machines, and
showers flow through a pipe into the septic tank, where anaerobic bacteria break the solids into a liquid form. The
liquid portion of the wastewater flows into the drainfield, which is generally a series of perforated pipes or panels
surrounded by lightweight materials such as gravel or Styrofoam. The drainfield provides a secondary treatment
where aerobic bacteria continue deactivating the germs, and it also filters the wastewater as gravity draws the
water down through the layers of soil.
23
There are an estimated 2.6 million OSTDSs in Florida, which represents 12 percent of the OSTDSs septic systems in
the United States.
24 These 2.6 million OSTDSs provide wastewater disposal for 30 percent of the state’s
population.
25
DEP must inspect OSTDSs before placing a system into service
26 and approve the final OSTDS installation before a
building or structure may be occupied.
27 If certain alterations
28 are made, system tanks must be pumped and
visually inspected.
29 If an existing system was approved within the preceding five years, a new inspection is not
required unless there is a record of failure of the system.
30 System repairs must be inspected by DEP or a master
20
Rule 62-620.610(9)(d), F.A.C.
21
Rule 62-620.610(9)(c), F.A.C.
22
Department of Health, Septic System Information and Care (last updated Jan. 31, 2025),
http://columbia.floridahealth.gov/programs-and-services/environmental-health/onsite-sewage-disposal/septic-information-
and-care.html (last visited Mar. 4, 2024); EPA, Types of Septic Systems, https://www.epa.gov/septic/types-septic-systems (last
visited Feb. 14, 2025).
23
Id.
24
DEP, Onsite Sewage Program, https://floridadep.gov/water/onsite-sewage (last visited Mar. 18, 2025).
25
Id.
26
Rule 62-6.003(2), F.A.C.
27
Section 381.0065(4), F.S.
28
This includes alterations that change the conditions under which the system was permitted, sewage characteristics, or
increase sewage flow. DEP approval is required prior to such alterations. Rule 62-6.001(4), F.A.C..
29
Rule 62-6.001(4)(b), F.A.C.
30
Rule 62-6.001(4)(c), F.A.C.. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
septic tank contractor.
31 Buildings or establishments that use an aerobic treatment unit or generate commercial
waste must be inspected by DEP at least annually.
32
Biosolids
When domestic wastewater is treated, a solid, semisolid, or liquid byproduct known as biosolids
33 accumulates in
the wastewater treatment plant and must be removed periodically to keep the plant operating properly.
34 The
collected residue is high in organic content and contains moderate amounts of nutrients.
35 Properly treated
biosolids may be used as a fertilizer supplement or soil amendment, subject to regulatory requirements that have
been established to protect public health and the environment.
36
According to DEP’s estimates in 2019, wastewater treatment facilities produce about 340,000 dry tons of biosolids
each year.
37 Biosolids can be disposed of in several ways: transfer to another facility, placement in a landfill,
distribution and marketing as fertilizer, incineration, bioenergy, and land application to pasture or agricultural
lands.
38 In 2019, about two-thirds of the total amount of biosolids produced was beneficially used and one-third
was landfilled.
39
Distributed Wastewater Treatment Systems
DWTSs consist of separate DWTUs that are in different geographical locations but are linked to a central system
either physically or by management.
40 The design of DWTUs varies based on manufacturer and setting (i.e.,
residential, commercial, or industrial).
For residential use, one type of DWTU consists of three separate chambers.
41 The first chamber is used for primary
sedimentation (settling) and digestion of biosolids. The wastewater flows via gravity from the first chamber into a
flow equalization and dosing chamber. An onboard computer continuously monitors the liquid level in the dosing
chamber and determines an appropriate treatment batch volume based on incoming flows (calculated based on the
rate of change in liquid level). The computer then pumps a batch of wastewater from the dosing chamber into a
reaction chamber, where biological treatment is provided in a sequential, computer-controlled aeration, mixing,
and clarification process.
42
31
Rule 62-6.003(3), F.A.C.
32
Section 381.0065(4), F.S.
33
Biosolids are the solid, semisolid, or liquid residue generated during the treatment of domestic wastewater in a domestic
wastewater treatment facility and include products and treated material from biosolids treatment facilities and septage
management facilities. The term does not include the treated effluent or reclaimed water from a domestic wastewater
treatment facility, solids removed from pump stations and lift stations, screenings and grit removed from the preliminary
treatment components of domestic wastewater treatment facilities, or ash generated during the incineration of biosolids.
Section 373.4595, F.S.
34
DEP, Domestic Wastewater Biosolids, https://floridadep.gov/water/domestic-wastewater/content/domestic-wastewater-
biosolids (last visited Mar. 18, 2025).
35
Id.
36
Id.
37
DEP, Biosolids in Florida, 5 (2019), available at https://www.florida-
stormwater.org/assets/MemberServices/Conference/AC19/02%20-%20Frick%20Tom.pdf (last visited Mar. 18, 2025).
38
Id. at 4.
39
Id. at 5.
40
See EPA, Water Environment Foundation, and The Water Research Foundation, Distributed Systems Overview, 1 (2019),
available at https://www.wef.org/globalassets/assets-wef/2-resources/topics/a-n/distributed-systems/technical-
resources/wsec-2019-fs-012-wef_wrf_distributed_sytems_overview.pdf (last visited Mar. 18, 2025).
41
Brian E. Lapointe et al., Distributed wastewater treatment offers an environmentally preferable alternative to conventional
septic systems in Central Florida, Water Science & Technology, vol. 86, 433 (2022), available at
https://iwaponline.com/wst/article/86/3/432/89867/Distributed-wastewater-treatment-offers-an (last visited Mar. 18,
2025).
42
Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
Example of a residential DWTU
43
After each batch is completed, the onboard computer selects a variable fraction of the treated batch for additional
treatment via internal recycling.
44 This fraction of fully treated effluent is pumped back to the first (settling)
chamber, diluting the incoming wastewater and receiving additional treatment. The remaining fraction of each
treated batch of effluent is discharged to the drainfield. Finally, the DWTU utilizes a return activated sludge process
to optimize sludge volume in the reaction chamber and minimize accumulation of biosolids in the settling chamber.
Activated sludge is periodically returned to the settling chamber where biosolids are broken down via anaerobic
digestion. The biosolids residuals must be removed from the DWTU periodically (approximately every 7-10 years)
by a licensed contractor for treatment and disposal.
45
DWTU treatment processes are performed by an onboard computer and remotely monitored.
46 The remote
monitoring system communicates with each DWTU over a wireless data network to:
Record wastewater treatment volume and flow, component run time and power consumption, and
equipment deficiencies;
Perform diagnostics; and
Enable remote supervisory control by a licensed wastewater operator.
47
General Permits
A general permit is a permit issued by DEP that authorizes a person to undertake certain activities, which when
performed in accordance with the specific requirements and practices set forth in the general permit, have a
minimal adverse environmental effect. A person may proceed with the activity under a general permit 30 days
after notifying DEP, without any further action by DEP.
48
43
Id. (showing the graphic of the DWTU).
44
Id.
45
Id.
46
Id.
47
Id.
48
Section 403.814(1), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
7
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Natural Resources & Disasters
Subcommittee
17 Y, 0 N 3/18/2025 Moore Weiss
State Affairs Committee