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FWEAUC supports Septic-to-Sewer as outlined below:

To safeguard water quality, Florida is directing its attention toward a targeted transition from septic systems to sewer systems. This initiative is of particular significance given that Florida is home to approximately 6.5% of the U.S. population and hosts 12% of the nation's septic systems, with a substantial portion situated in environmentally sensitive areas. While septic systems serve as effective wastewater disposal solutions under specific environmental conditions, they do not effectively remove nutrients. To address this concern, there is a strong endorsement for transitioning septic systems to centralized sewer systems, particularly in environmentally delicate and densely populated regions.

To ensure the efficacy of wastewater treatment systems, it is imperative to enforce consistent maintenance requirements for conventional systems and to promote the use of advanced treatment septic systems in environmentally sensitive areas. In instances where centralized sewer systems are not viable, alternatives such as aerobic treatment units (ATUs) or performance-based treatment systems (PBTSs) become vital. The Florida Department of Environmental Protection (FDEP), along with the Florida Department of Health (FDOH) during the transition of the Onsite Sewage Program in accordance with the Clean Waterways Act, plays a pivotal role in enforcing the maintenance standards for ATUs and PBTSs. This stringent oversight ensures that these systems operate efficiently, reducing nutrient discharges and bolstering environmental restoration and protection.

Additionally, there is a growing need for the establishment of a consistent and adequately funded grant program dedicated to supporting septic-to-sewer conversion projects. The aim is to prevent the burden of conversion costs from falling upon current utility rate payers, thus preventing significant inequity. Utilities are dedicated to maintaining fair, consistent and affordable rate structures for their customers, which makes the development of such grant programs all the more crucial in achieving equitable and environmentally responsible wastewater management solutions.

To access the Utility Council’s Septic-to-Sewer Guidance Document, please click here.

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United States Environmental Protection Agency (EPA) Per- and polyfluoroalkyl substances (PFAS) Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, Superfund Act) rulemaking.

Make the Polluter Pay!

• FWEAUC joins other state and national organizations (please click here for an example letter) in seeking a water sector exemption from the pending EPA rule to designate certain PFOA and PFOS as CERCLA Hazardous Substances (please click here to view public comments).The rule is expected to be finalized in February or March 2024 and does not currently shield liability from the water sector who are passive PFAS receivers.
• EPA also requested public comments last summer on the proposal to regulate 7 seven additional PFAS, precursors of PFAS, and categories of PFAS as CERCLA Hazardous Substances (please click here to view public comments).
• EPA maintains they do not have the statutory authority to give CERCLA exemptions. Thus, water sector organizations are looking to Congress. Fortunately, a bill has been filed to get the extension - S.1430 Water Systems PFAS Liability Protection Act. However, the U.S. Senate Committee on Environment & Public Works (EPW) drafted their own PFAS Bill and it currently has no exemption language.
• Neither U.S. Senate bill has been heard in the EPW. However, both EPW Chair Tom Carper (D-DE) and Ranking Member Shelly Moore Capito (R-WV) called for action in a recent article that reports bipartisan discussions are ongoing. Definitely stay tuned for this critical legislative process and EPA’s rulemaking.

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Floridians reuse over 900 million gallons of reclaimed water every day, making Florida the national leader in the reuse of reclaimed water.

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The primary objective of Senate Bill 64 (SB 64) is to eliminate surface water discharges that do not provide any meaningful benefits by January 1, 2032. To accomplish this goal, the legislation mandated that utilities submit their implementation plans to the Florida Department of Environmental Protection (FDEP) by November 1, 2021. Subsequently, the FDEP has a nine-month window to thoroughly review and either approve or deny these plans, with a deadline of on or before September 1, 2022. Notably, there are penalties in place for utilities that fail to submit their plans or have them approved.

It is important to highlight that SB 64 does not require the elimination of all surface water discharges. The legislation acknowledges the value of some discharges that benefit the environment or serve a public purpose, such as rehydrating wetlands, implementing Minimum Flows and Levels (MFL), or managing wet weather events. Additionally, certain exemptions exist for smaller and rural utilities.

All 167 utilities subject to SB 64 have submitted compliance plans, with 32 of them providing explanations for the continued necessity of their discharges due to their environmental or public benefit. Currently, these utilities are actively engaged in expeditiously designing, permitting, and constructing projects aimed at eliminating surface water discharges to meet the January 1, 2032 deadline.

Throughout this process, the FWEA UC maintains regular communication with both the FDEP and elected leaders to ensure transparency and progress in implementing SB 64. As one potential compliance option under consideration, Florida utilities are collaborating with the FDEP on a rulemaking effort to establish a permitting program for potable reuse. This rulemaking is essential, as utilities cannot proceed with designing and constructing potable reuse systems until treatment and other permitting requirements are officially defined within FDEP rules. The timely completion and ratification of this rulemaking are thus crucial for the successful implementation of potable reuse as part of SB 64 compliance strategies.

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