Preventing Nitrogen Pollution from Septic Tank Systems

While conventional septic systems, also known as Onsite Sewage Treatment and Disposal Systems (OSTDS), are good at removing many pollutants from wastewater, they are not designed to remove nitrogen.

Nitrogen-laden wastewater from conventional septic systems can travel into our local water bodies. As a result, these water bodies may have increased concentrations of nitrogen. Algae blooms fueled by excess nitrogen are unsightly, foul smelling, and may produce toxins that are harmful to pets, wildlife and humans.

According to new state legislation (HB1379), septic systems that pose the greatest threat to water quality must either connect to sewer or upgrade to an enhanced nitrogen-reducing septic system.

HB 1379: WHAT DOES IT MEAN?

House Bill 1379 was signed into law in 2023 and passed more stringent requirements for septic systems and wastewater treatment for areas within impaired or at-risk water quality areas. New requirements include the following:

• For new developments within an impaired or at-risk area, lots of one acre or less will be required to connect to central sewer, if available, or use an enhanced nutrient-reducing septic system.
• Some existing conventional septic systems requiring “modification,” “repair,” or “replacement” within an impaired or at-risk area and on lots of one acre or less will also be required to connect to central sewer, if available, or replace the existing system with an enhanced nutrient-reducing septic system under a new system construction permit.
  
  This requirement will vary based on the type of work needed. For more information on whether you need a new system construction permit, see Memorandum DCEH 19-004. Grant funding may be available for those required to upgrade their system.
• For existing systems that are fully functional and have no current permits pending, there is no requirement to upgrade or connect to sewer. Grant funding may be available for those interested in upgrading voluntarily.
• Except for rural areas of opportunity, local governments are required to assess the feasibility of providing sanitary sewers for developments of more than 50 lots, on a 10-year planning horizon.

More info can be found on the Florida Department of Environmental Protection’s House Bill 1379 Fact Sheet and Frequently Asked Questions.

WHAT IS THE PLAN FOR ORANGE COUNTY?

The existing Wekiwa and Rock Springs Basin Management Action Plan (Wekiwa BMAP) requires that, within the Priority Focus Area (PFA), lots less than one acre with conventional septic systems need to connect to sewer or upgrade to enhanced nitrogen-reducing septic systems.

Orange County is proposing within the Priority Vulnerability Areas (PVAs) identified in the Groundwater Vulnerability Study:

• Increase sewer connection requirements
• Require that new septic in these areas be enhanced
• Any variances for 150’ setback from water bodies require 80% nitrogen reducing systems

Septic Upgrade Incentive Rebates: Are You Eligible?

1. Do you own a conventional septic system?
2. Do you live in an area that is highly vulnerable* to groundwater pollution?
   *A 2023 study identified 671 priority areas in Orange County, including certain subdivisions in the Wekiwa Springs Basin.

If you answered yes to both questions, you might be eligible for a rebate of up to $7,000 toward the cost of upgrading to an enhanced nitrogen-reducing septic system.

Would you like assistance answering the above questions? Contact us using the below form – we’re happy to help.

Septic Upgrade Incentive Rebate Interest Form

For more information about septic tank upgrade rebate eligibility and the application process, please complete and submit the following information: