DEP outlines nutrient limits, BMAP milestones and grant program as dashboard comes online

Deputy Secretary Adam Blaylock of the Florida Department of Environmental Protection told the Natural Resources and Disaster Subcommittee that Florida uses numeric nutrient criteria and Basin Management Action Plans to identify and address impaired waters.

Blaylock said numeric criteria set allowable concentrations — “for springs the water quality criteria for nutrients is 0.35 milligrams per liter” — and that water bodies exceeding those concentrations are listed as impaired and prioritized for restoration under Total Maximum Daily Loads and implementing BMAPs.

The department described BMAPs as 20-year plans that now include five-year interim milestones to increase accountability. "We put into statute that there's 5 year milestones," Blaylock said, and added that DEP can enforce milestone compliance through administrative or consent orders, fines and circuit-court actions when necessary.

Blaylock explained technical measures behind those milestones, including a statutory requirement that wastewater facilities discharging to impaired surface waters upgrade to Advanced Waste Treatment (AWT) by 2033 (Blaylock cited target treatment levels of about 3 mg/L for nitrogen and 1 mg/L for phosphorus). He also said DEP restricts permits for conventional septic in many BMAP areas: "You are not allowed to get a permit to put in a conventional septic system" in a BMAP on parcels one acre or smaller, he said, noting alternatives of nutrient-enhancing septic or connection to central sewer.

On funding, Blaylock summarized the Water Quality Improvement Grant program created by the Legislature in 2020 to help local governments pay for septic-to-sewer conversions, wastewater upgrades and other nutrient-reduction projects. He said the Legislature has appropriated nearly $1,400,000,000 across multiple years and that the program has financed more than 300 projects statewide.

The department outlined project-selection criteria in statute 403.0673: eligibility requires projects to benefit an impaired water, a water with a TMDL/BMAP, or an area of economic concern; priority is given to projects that deliver maximum nutrient reduction, are shovel-ready, demonstrate cost-share and are cost-effective. Blaylock said separate targeted appropriations exist for the Indian River Lagoon, Biscayne Bay and springs protection.

DEP also described a new public-facing dashboard, required by a 2023 amendment to the Water Quality Improvement Grant statute, that lists funded projects with award year, amounts, descriptions and status. Blaylock said DEP is finalizing a companion trend-analysis dashboard that will combine monitoring data to show statewide nutrient trends and ecological responses.

Committee members pressed DEP on monitoring and compliance. Representative Maggart asked what happens if entities miss five-year milestones; Blaylock said enforcement options include administrative orders, consent orders, fines and court action. Representative Connolly asked about PFAS and microplastics; Blaylock said there are currently no wastewater-specific PFAS or microplastics numeric criteria. Representative Skidmore asked how monitoring is summarized; Blaylock described biennial assessments and "thousands" of monitoring stations used to verify impairment and track progress.

The department said that permitting records identify which facilities already meet AWT and which do not, and acknowledged that some AWT upgrades are funded but remain under design or construction. The chair closed the DEP portion of the meeting after members expressed appreciation for staff assistance.

The committee did not take formal votes on policy changes during this presentation; the meeting proceeded to the Resilient Florida presentation.