Legislation Details

File #: 9048   
Type: New Business - Miscellaneous Status: Agenda Ready
File created: 7/28/2026 In control: District 5
On agenda: 8/4/2026 Final action:
Title: Permission to Advertise Re: Request for Proposal (RFP) to Solicit Competitive Sealed Proposals to Furnish Septic to Individual Distributed Wastewater Treatment Systems within Brevard County, Florida
Attachments: 1. IDWTS Table final 07282026 (002).docx, 2. NIRL_CommissionDistricts.pdf
Date Action ByActionResultAction DetailsMeeting DetailsVideo
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Subject:

Title

Permission to Advertise Re: Request for Proposal (RFP) to Solicit Competitive Sealed Proposals to Furnish Septic to Individual Distributed Wastewater Treatment Systems within Brevard County, Florida

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Fiscal Impact:

The fiscal impact of this requested action is not known.  Once the RFPs are received, the County will have a better idea of the costs associated with this solicitation.

Dept/Office:

District 5 Commission Office

 

Requested Action:

Recommendation

It is requested that the Board of County Commissioners (the Board):

 

1.                     Authorize Purchasing Services to advertise a competitive solicitation sealed proposal to furnish septic to individual distributed wastewater treatment systems within Brevard County, Florida; and

2.                     Establish a selection and negotiation committee that will review proposals received by the County, comprised of Virginia Barker, Director, Natural Resources Management Department, Marc Bernath, Director, Public Works Department, and Edward Fontanin, Director, Utility Services Department; and

3.                     Direct staff to bring the highest-ranked proposal, along with a negotiated contract, back to the Board for its consideration.

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Summary Explanation and Background:

Brevard County seeks to evaluate individual distributed wastewater treatment systems (IDWTS) as a potential interim wastewater treatment option.  To that end, it is requested that the Board authorize the advertisement of a competitive solicitation for a distributed wastewater treatment system to be permitted and operated within Brevard County.  This potentially would add a new wastewater option where central sewer is currently unavailable by alleviating requirements for enhanced nutrient-reducing treatment within designated BMAP areas established in Section 373.469, Florida Statutes, and by providing relief from the “Bear Warriors United” lawsuit septic moratorium. The IDWTS areas will be established by service contracts. 

 

On May 19, 2025, the U.S. District Court for the Middle District of Florida ordered the Florida Department of Environmental Protection (FDEP) to cease issuing new onsite sewage treatment and disposal systems (OSTDS) permits within the North Indian River Lagoon (IRL) BMAP beginning July 17, 2025. The court ordered FDEP to change how it administers wastewater permits while it develops a federally approved Habitat Conservation Plan and obtains an Incidental Take Permit.  This effectively halted new construction in areas of the North IRL watershed where central sewer service is not available.  However, IDWTS is not blocked by the court injunction on septic permits.

 

Permitting IDWTS as a potential interim wastewater treatment option for the impacted properties will allow staff to evaluate these wastewater treatment systems as an alternative. These decentralized systems provide advanced wastewater treatment at or near the point of use while remaining under centralized ownership, operation, monitoring, and maintenance by a utility provider. IDWTS provides a similar level of nutrient reduction to Enhanced Nitrogen Reducing Septic Systems and has a real-time monitoring system for professional utility providers to monitor and respond to system failures and maintenance needs.  Each unit is approximately the size of a conventional septic tank, would be installed within a utility easement, and would be owned, operated, and maintained by the utility provider. Property owners would pay a monthly utility service fee like traditional sewer service.

 

Historically, Florida has used either centralized wastewater treatment systems (central sewer) or conventional onsite sewage treatment and disposal systems (OSTDS, commonly referred to as septic systems) to manage domestic wastewater. In areas with high groundwater, poor soils, aging infrastructure, or environmental sensitivity, conventional septic systems contribute nutrients, pathogens, and other pollutants to groundwater and nearby surface waters. A broader range of wastewater management solutions is now available in Florida, allowing local governments to select the most effective and cost-efficient approach based on site conditions and future growth projections. 

 

Authorizing a competitive solicitation at this time will allow the County to evaluate available technologies, identify qualified vendors, and negotiate a contract for Board consideration before any decision regarding implementation. The highest-ranked proposal and a negotiated agreement will be returned to the Board for consideration and possible approval. 

 

Clerk to the Board Instructions:

None