The Brevard County Commission should adopt a regulation requiring that all new home septic systems (Onsite Treatment and Disposal Systems or “OSTDS”) permitted and constructed in the County meet or exceed the 65% Nitrogen removal standard of the Nitrogen Removal Overlay, beginning on January 1, 2024, and should provide resources to ensure adequate Health Department staffing for necessary inspections.

Background and Analysis

• According to Brevard County, in 2018 there were an estimated 53,204 homes with septic systems within the Lagoon watershed contributing nearly 400,000 lbs. (or nearly 20% of nitrogen per year) to the Indian River Lagoon. http://www.brevardfl.gov/SaveOurLagoon/Septic
• Conventional OSTDS have limited effectiveness (often less than 35%) at removing Nitrogen from waste because they were not designed primary for that purpose and because often their drain fields are not adequately separated from the wet season water table. (UF/IFAS Advanced Nitrogen Treatment Septic Systems; Sandy Soil and Rising Seas Spell Septic Tank Disaster ).
• Recognizing the need for improved Nitrogen removal in systems that do not have access to central sewer hookup, Brevard adopted its Nitrogen Reduction Overlay provision requiring that OSTDS in new homes built after May 22, 2018 and closer than 60 meters (40 meters in the Melbourne-Tillman Water District) to the IRL, and its tributaries, remove at least 65% of total nitrogen. County Nitrogen Reduction Overlay Ordinance
• The taxpayer supported Brevard’s Save Our Indian River Lagoon (SOIRL) Plan is spending $120M to help remove or replace existing systems to sewer in this Overlay area. 2022 Save Our Indian River Lagoon Project Plan, Table 4-19;  http://www.brevardfl.gov/SaveOurLagoon/Septic
• Yet, during FY 2019-20, 921 of the 4739 new homes were permitted in Brevard included OSTDS permits, largely conventional units. https://fred.stlouisfed.org/series/BPPRIV012009; https://floridadep.gov/water/onsite-sewage/content/onsite-sewage-statistics
• While some of these new OSTDS may not be in the IRL watershed, many may release Nitrogen into the St Johns River watershed which has its own pollution issues.St Johns River Pollution.
• It defies logic that Brevard should continue to tax its residents to pay for replacing conventional OSTDS and at the same time allow builders to install additional, low performing conventional systems that may have to be converted in years to come.
• Commenters indicate that there may be a need for increased staffing by in the County Health Department to support current required inspections of Advanced Units. The County should examine this issue and provide the necessary resources.
• Additionally, this requirement could encourage developers to reconsider using septic systems in new housing and could motivate new developments to run sewage lines or install package plants.

All utilities operating within Brevard County should give all OSTDS permittees, covered by FS 381.00655, notice of availability of sewer connections in order to activate permittees’ obligation to connect to sewer. The County working with Brevard utilities should establish a database of hookup holdouts. It should also work with the state and municipalities to establish an active enforcement program to ensure compliance.

Background and Analysis

• FS 381.00655 requires: “[Owners] of a properly functioning onsite sewage treatment and disposal system … must connect the system or the building’s plumbing to an available publicly owned or investor-owned sewerage system within 365 days after written notification by the owner of the publicly owned or investor-owned sewerage system that the system is available for connection." New Brevard Building Permits
• Discussions with multiple informed sources indicate that some utilities operating in Brevard may not have given all septic owners within in their service area the required notice. Likewise, partial results suggest that nearly 1000 OSTDS in the Nitrogen Reduction Overlay area may not have complied by hooking up to available gravity fed lines.
• Brevard County should lead an effort with local utilities to create a database ensuring that all qualified OSTDS owners have received notice of hookup availability and tracking the compliance of OSTDS owners that have received notice.
• Further, the County should engage with the state and local municipalities to ensure that the requirements of FS 381.00655 apply throughout Brevard and should establish a coordinated enforcement program.
• The cost of hooking up could be a hardship for some owners, so there may be a need to develop a financial incentive program for some.
• Some Brevard utilities may need to add capacity to handle the additional demand from significant numbers of homes hooking up to sewer. The need for some utilities to analyze future load and take action was made plain by leaks during Hurricane Ian.