Interoffice Memorandum
DATE: March 31, 2025
TO: Mayor Jerry L. Demings and County Commissioners
THROUGH: N/A
FROM: Tanya Wilson, AICP, Director, Planning, Environmental, and Development Services Department
CONTACT: Renée H. Parker, LEP, Manager, Environmental Protection Division
PHONE: (407) 836-1420
DIVISION: Environmental Protection Division
ACTION REQUESTED:
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Approval and execution of Amendment NO.4 to Agreement NO. LPF4801 between Florida Department of Environmental Protection and Orange County relating to an extension of task and expiration dates for the Orange County Septic Upgrade Incentive Program. Districts 1, 2, 5, and 6. (Environmental Protection Division)
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PROJECT:
Florida Department of Environmental Protection
Grant Agreement No. LPF4801 Amendment #4
Orange County Septic Upgrade Incentive Program
PURPOSE: The Environmental Protection Division (EPD) is requesting that the Board approve an amendment to Grant Agreement No. LPF4801 to allow an additional time extension to meet grant requirements. Provided below is background on the Orange County Septic Upgrade Incentive Program and information on previous actions taken by the Board on this Grant Award Agreement.
The Wekiwa and Rock Springs Basin Management Action Plan (BMAP) was finalized in 2018 by the Florida Department of Environmental Protection (FDEP) and Orange County was identified as a stakeholder and laid out Orange County pollutant reductions allocations. The BMAP requires wastewater nitrogen pollutant loads to be reduced specifically within the springshed within a 20-year timeframe.
To assist in meeting the pollutant reduction removal goal for nitrogen, FDEP is providing funding assistance to homeowners within the Wekiwa and Rock Springs Priority Focus Area (PFA) if they upgrade their conventional septic systems to include enhanced nitrogen removal treatment systems.
The County’s Septic Upgrade Incentive Program (Program) focuses on homes outside the area being proposed for connection to the sanitary sewer within five years, but still within the PFA. This grant provides an alternative means to enhance nitrogen treatment for homes where connection to the sanitary sewer may not be feasible. This grant is funding a septic upgrade incentive program operated by the EPD and the Neighborhood Services Division to provide a rebate to residents that qualify.
The Board previously approved the following:
• July 13, 2021: The original Grant Agreement LPF4801 included a maximum total funding amount of $154,000 to provide an incentive of up to $7,000 for each homeowner that qualifies and applies for the rebate;
• March 30, 2022: Amendment 1 to extend the task end date to March 31, 2023, and Agreement expiration date to September 30, 2023; and
• November 14, 2023: Amendment 2 to extend the task end date to March 31, 2024, extend the Agreement expiration date to September 30, 2024, and add the ability to reimburse certified septic system installers and licensed plumbers directly, in addition to continued ability to reimburse resident directly.
• June 18, 2024: Amendment 3 to extend the task end date to April 30, 2025, extend the agreement end date to October 31, 2025, increase the total amount of funding from $145,000 to $2,376,222.23, and increase the incentive from $7,000 to $10,000 for each homeowner that qualifies and applies for the rebate.
The original Agreement and Amendments 1, 2, and 3 are included as Attachment 1.
Since the beginning of the Program, Orange County has worked to make improvements to create interest among property owners within the PFA, including:
- Direct reimbursement to septic system installers to ease the financial burden on property owners;
- Enhanced the County’s Septic Pollution Prevention website to provide information about the Program;
- Provided two installer webinars, with recordings made available on the Program posted on the website, and
- Increased awareness through public engagement and outreach.
o November 8, 2024: Fall Mailer (6,555) - received 137 inquiries
o February 20, 2024: Spring Mailer (6,555) - received 91 additional inquiries; many are in review with Orange County Utilities to determine if they are in an area proposed for sewer upgrades or if they qualify for the Program.
o A total of $31,000 has been reimbursed to date for four completed upgrades.
o Approved five applications for participation and three pending approval providing additional information.
On March 1, 2025, FDEP began requiring the upgrade of conventional septic systems to enhanced nitrogen-reducing onsite sewage treatment and disposal systems. Prior to that date, repair and modification permits without requiring upgrade of conventional systems were allowed.
As a result of Orange County Program improvements and FDEP regulatory changes, there has been heightened interest in the Program from residents. Therefore, the following changes have been proposed in Amendment 4:
1. Extend Agreement expiration date from October 31, 2025, to October 31, 2027.
2. Extend Task end date from April 30, 2025, to April 30, 2027.
Amendment 4 is included as Attachment 2.
This Agreement was reviewed by the County Attorney’s Office and approved as to form.
BUDGET: N/A