Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 1698
       
       
       
       
       
       
                                Barcode 857888                          
       
                              LEGISLATIVE ACTION                        
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       Senators Evers, Gaetz, Montford, and Lynn moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (1), (5), (6), and (7) of section
    6  381.0065, Florida Statutes, as amended by chapter 2010-283, Laws
    7  of Florida, are amended to read:
    8         381.0065 Onsite sewage treatment and disposal systems;
    9  regulation.—
   10         (1) LEGISLATIVE INTENT.—
   11         (a) It is the intent of the Legislature that proper
   12  management of onsite sewage treatment and disposal systems is
   13  paramount to the health, safety, and welfare of the public. It
   14  is further the intent of the Legislature that the department
   15  shall administer an evaluation program to ensure the operational
   16  condition of the system and identify any failure with the
   17  system.
   18         (b) It is the intent of the Legislature that where a
   19  publicly owned or investor-owned sewerage system is not
   20  available, the department shall issue permits for the
   21  construction, installation, modification, abandonment, or repair
   22  of onsite sewage treatment and disposal systems under conditions
   23  as described in this section and rules adopted under this
   24  section. It is further the intent of the Legislature that the
   25  installation and use of onsite sewage treatment and disposal
   26  systems not adversely affect the public health or significantly
   27  degrade the groundwater or surface water.
   28         (5) EVALUATION AND ASSESSMENT.—
   29         (a) Beginning July 1, 2011, the department shall administer
   30  an onsite sewage treatment and disposal system evaluation
   31  program for the purpose of assessing the fundamental operational
   32  condition of systems and identifying any failures within the
   33  systems. The department shall adopt rules implementing the
   34  program standards, procedures, and requirements, including, but
   35  not limited to, a schedule for a 5-year evaluation cycle,
   36  requirements for the pump-out of a system or repair of a failing
   37  system, enforcement procedures for failure of a system owner to
   38  obtain an evaluation of the system, and failure of a contractor
   39  to timely submit evaluation results to the department and the
   40  system owner. The department shall ensure statewide
   41  implementation of the evaluation and assessment program by
   42  January 1, 2016.
   43         (b) Owners of an onsite sewage treatment and disposal
   44  system, excluding a system that is required to obtain an
   45  operating permit, shall have the system evaluated at least once
   46  every 5 years to assess the fundamental operational condition of
   47  the system, and identify any failure within the system.
   48         (c) All evaluation procedures must be documented and
   49  nothing in this subsection limits the amount of detail an
   50  evaluator may provide at his or her professional discretion. The
   51  evaluation must include a tank and drainfield evaluation, a
   52  written assessment of the condition of the system, and, if
   53  necessary, a disclosure statement pursuant to the department’s
   54  procedure.
   55         (d)1. Systems being evaluated that were installed prior to
   56  January 1, 1983, shall meet a minimum 6-inch separation from the
   57  bottom of the drainfield to the wettest season water table
   58  elevation as defined by department rule. All drainfield repairs,
   59  replacements or modifications to systems installed prior to
   60  January 1, 1983, shall meet a minimum 12-inch separation from
   61  the bottom of the drainfield to the wettest season water table
   62  elevation as defined by department rule.
   63         2. Systems being evaluated that were installed on or after
   64  January 1, 1983, shall meet a minimum 12-inch separation from
   65  the bottom of the drainfield to the wettest season water table
   66  elevation as defined by department rule. All drainfield repairs,
   67  replacements or modification to systems developed on or after
   68  January 1, 1983, shall meet a minimum 24-inch separation from
   69  the bottom of the drainfield to the wettest season water table
   70  elevation.
   71         (e) If documentation of a tank pump-out or a permitted new
   72  installation, repair, or modification of the system within the
   73  previous 5 years is provided, and states the capacity of the
   74  tank and indicates that the condition of the tank is not a
   75  sanitary or public health nuisance pursuant to department rule,
   76  a pump-out of the system is not required.
   77         (f) Owners are responsible for paying the cost of any
   78  required pump-out, repair, or replacement pursuant to department
   79  rule, and may not request partial evaluation or the omission of
   80  portions of the evaluation.
   81         (g) Each evaluation or pump-out required under this
   82  subsection must be performed by a septic tank contractor or
   83  master septic tank contractor registered under part III of
   84  chapter 489, a professional engineer with wastewater treatment
   85  system experience licensed pursuant to chapter 471, or an
   86  environmental health professional certified under chapter 381 in
   87  the area of onsite sewage treatment and disposal system
   88  evaluation.
   89         (h) The evaluation report fee collected pursuant to s.
   90  381.0066(2)(b) shall be remitted to the department by the
   91  evaluator at the time the report is submitted.
   92         (i) Prior to any evaluation deadline, the department must
   93  provide a minimum of 60 days’ notice to owners that their
   94  systems must be evaluated by that deadline. The department may
   95  include a copy of any homeowner educational materials developed
   96  pursuant to this section which provides information on the
   97  proper maintenance of onsite sewage treatment and disposal
   98  systems.
   99         (5)(6) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.—
  100         (a) Department personnel who have reason to believe
  101  noncompliance exists, may at any reasonable time, enter the
  102  premises permitted under ss. 381.0065-381.0066, or the business
  103  premises of any septic tank contractor or master septic tank
  104  contractor registered under part III of chapter 489, or any
  105  premises that the department has reason to believe is being
  106  operated or maintained not in compliance, to determine
  107  compliance with the provisions of this section, part I of
  108  chapter 386, or part III of chapter 489 or rules or standards
  109  adopted under ss. 381.0065-381.0067, part I of chapter 386, or
  110  part III of chapter 489. As used in this paragraph, the term
  111  “premises” does not include a residence or private building. To
  112  gain entry to a residence or private building, the department
  113  must obtain permission from the owner or occupant or secure an
  114  inspection warrant from a court of competent jurisdiction.
  115         (b)1. The department may issue citations that may contain
  116  an order of correction or an order to pay a fine, or both, for
  117  violations of ss. 381.0065-381.0067, part I of chapter 386, or
  118  part III of chapter 489 or the rules adopted by the department,
  119  when a violation of these sections or rules is enforceable by an
  120  administrative or civil remedy, or when a violation of these
  121  sections or rules is a misdemeanor of the second degree. A
  122  citation issued under ss. 381.0065-381.0067, part I of chapter
  123  386, or part III of chapter 489 constitutes a notice of proposed
  124  agency action.
  125         2. A citation must be in writing and must describe the
  126  particular nature of the violation, including specific reference
  127  to the provisions of law or rule allegedly violated.
  128         3. The fines imposed by a citation issued by the department
  129  may not exceed $500 for each violation. Each day the violation
  130  exists constitutes a separate violation for which a citation may
  131  be issued.
  132         4. The department shall inform the recipient, by written
  133  notice pursuant to ss. 120.569 and 120.57, of the right to an
  134  administrative hearing to contest the citation within 21 days
  135  after the date the citation is received. The citation must
  136  contain a conspicuous statement that if the recipient fails to
  137  pay the fine within the time allowed, or fails to appear to
  138  contest the citation after having requested a hearing, the
  139  recipient has waived the recipient’s right to contest the
  140  citation and must pay an amount up to the maximum fine.
  141         5. The department may reduce or waive the fine imposed by
  142  the citation. In determining whether to reduce or waive the
  143  fine, the department must consider the gravity of the violation,
  144  the person’s attempts at correcting the violation, and the
  145  person’s history of previous violations including violations for
  146  which enforcement actions were taken under ss. 381.0065
  147  381.0067, part I of chapter 386, part III of chapter 489, or
  148  other provisions of law or rule.
  149         6. Any person who willfully refuses to sign and accept a
  150  citation issued by the department commits a misdemeanor of the
  151  second degree, punishable as provided in s. 775.082 or s.
  152  775.083.
  153         7. The department, pursuant to ss. 381.0065-381.0067, part
  154  I of chapter 386, or part III of chapter 489, shall deposit any
  155  fines it collects in the county health department trust fund for
  156  use in providing services specified in those sections.
  157         8. This section provides an alternative means of enforcing
  158  ss. 381.0065-381.0067, part I of chapter 386, and part III of
  159  chapter 489. This section does not prohibit the department from
  160  enforcing ss. 381.0065-381.0067, part I of chapter 386, or part
  161  III of chapter 489, or its rules, by any other means. However,
  162  the department must elect to use only a single method of
  163  enforcement for each violation.
  164         (6)(7) LAND APPLICATION OF SEPTAGE PROHIBITED.—Effective
  165  January 1, 2016, the land application of septage from onsite
  166  sewage treatment and disposal systems is prohibited. By February
  167  1, 2011, the department, in consultation with the Department of
  168  Environmental Protection, shall provide a report to the
  169  Governor, the President of the Senate, and the Speaker of the
  170  House of Representatives, recommending alternative methods to
  171  establish enhanced treatment levels for the land application of
  172  septage from onsite sewage and disposal systems. The report
  173  shall include, but is not limited to, a schedule for the
  174  reduction in land application, appropriate treatment levels,
  175  alternative methods for treatment and disposal, enhanced
  176  application site permitting requirements including any
  177  requirements for nutrient management plans, and the range of
  178  costs to local governments, affected businesses, and individuals
  179  for alternative treatment and disposal methods. The report shall
  180  also include any recommendations for legislation or rule
  181  authority needed to reduce land application of septage.
  182         Section 2. Section 381.00656, Florida Statutes, is
  183  repealed:
  184         381.00656 Grant program for repair of onsite sewage
  185  treatment disposal systems.—Effective January 1, 2012, the
  186  department shall administer a grant program to assist owners of
  187  onsite sewage treatment and disposal systems identified pursuant
  188  to s. 381.0065 or the rules adopted thereunder. A grant under
  189  the program may be awarded to an owner only for the purpose of
  190  inspecting, pumping, repairing, or replacing a system serving a
  191  single-family residence occupied by an owner with a family
  192  income of less than or equal to 133 percent of the federal
  193  poverty level at the time of application. The department may
  194  prioritize applications for an award of grant funds based upon
  195  the severity of a system’s failure, its relative environmental
  196  impact, the income of the family, or any combination thereof.
  197  The department shall adopt rules establishing the grant
  198  application and award process, including an application form.
  199  The department shall seek to make grants in each fiscal year
  200  equal to the total amount of grant funds available, with any
  201  excess funds used for grant awards in subsequent fiscal years.
  202         Section 3. Subsection (2) of section 381.0066, Florida
  203  Statutes, is amended to read:
  204         381.0066 Onsite sewage treatment and disposal systems;
  205  fees.—
  206         (2) The minimum fees in the following fee schedule apply
  207  until changed by rule by the department within the following
  208  limits:
  209         (a) Application review, permit issuance, or system
  210  inspection, including repair of a subsurface, mound, filled, or
  211  other alternative system or permitting of an abandoned system: a
  212  fee of not less than $25, or more than $125.
  213         (b) A 5-year evaluation report submitted pursuant to s.
  214  381.0065(5): a fee not less than $15, or more than $30. At least
  215  $1 and no more than $5 collected pursuant to this paragraph
  216  shall be used to fund a grant program established under s.
  217  381.00656.
  218         (b)(c) Site evaluation, site reevaluation, evaluation of a
  219  system previously in use, or a per annum septage disposal site
  220  evaluation: a fee of not less than $40, or more than $115.
  221         (c)(d) Biennial Operating permit for aerobic treatment
  222  units or performance-based treatment systems: a fee of not more
  223  than $100.
  224         (d)(e) Annual operating permit for systems located in areas
  225  zoned for industrial manufacturing or equivalent uses or where
  226  the system is expected to receive wastewater which is not
  227  domestic in nature: a fee of not less than $150, or more than
  228  $300.
  229         (e)(f) Innovative technology: a fee not to exceed $25,000.
  230         (f)(g) Septage disposal service, septage stabilization
  231  facility, portable or temporary toilet service, tank
  232  manufacturer inspection: a fee of not less than $25, or more
  233  than $200, per year.
  234         (g)(h) Application for variance: a fee of not less than
  235  $150, or more than $300.
  236         (h)(i) Annual operating permit for waterless, incinerating,
  237  or organic waste composting toilets: a fee of not less than $50,
  238  or more than $150.
  239         (i)(j) Aerobic treatment unit or performance-based
  240  treatment system maintenance entity permit: a fee of not less
  241  than $25, or more than $150, per year.
  242         (j)(k) Reinspection fee per visit for site inspection after
  243  system construction approval or for noncompliant system
  244  installation per site visit: a fee of not less than $25, or more
  245  than $100.
  246         (k)(l) Research: An additional $5 fee shall be added to
  247  each new system construction permit issued to be used to fund
  248  onsite sewage treatment and disposal system research,
  249  demonstration, and training projects. Five dollars from any
  250  repair permit fee collected under this section shall be used for
  251  funding the hands-on training centers described in s.
  252  381.0065(3)(j).
  253         (l)(m) Annual operating permit, including annual inspection
  254  and any required sampling and laboratory analysis of effluent,
  255  for an engineer-designed performance-based system: a fee of not
  256  less than $150, or more than $300.
  257  
  258  On or before January 1, 2011, the Surgeon General, after
  259  consultation with the Revenue Estimating Conference, shall
  260  determine a revenue neutral fee schedule for services provided
  261  pursuant to s. 381.0065(5) within the parameters set in
  262  paragraph (b). Such determination is not subject to the
  263  provisions of chapter 120. The funds collected pursuant to this
  264  subsection must be deposited in a trust fund administered by the
  265  department, to be used for the purposes stated in this section
  266  and ss. 381.0065 and 381.00655.
  267         Section 4. This act shall take effect upon becoming a law.
  268  
  269  ================= T I T L E  A M E N D M E N T ================
  270         And the title is amended as follows:
  271         Delete everything before the enacting clause
  272  and insert:
  273                        A bill to be entitled                      
  274         An act relating to onsite sewage treatment and
  275         disposal systems; amending s. 381.0065, F.S.; revising
  276         legislative intent; eliminating provisions directing
  277         the Department of Health to create and administer a
  278         statewide septic tank evaluation program; eliminating
  279         procedures and criteria for the evaluation program;
  280         repealing s. 381.00656, F.S., to terminate the grant
  281         program for repair of onsite sewage treatment disposal
  282         systems identified pursuant to the evaluation program,
  283         to conform; amending s. 381.0066, F.S.; eliminating
  284         provisions authorizing the department to collect an
  285         evaluation report fee; eliminating provisions relating
  286         to disposition of fee proceeds and a revenue-neutral
  287         fee schedule; providing an effective date.