Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1160
       
       
       
       
       
       
                                Barcode 947950                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/17/2013           .                                
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       The Committee on Rules (Smith) recommended the following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Between lines 93 and 94
    4  insert:
    5         (j) An onsite sewage treatment and disposal system for a
    6  single-family residence that is designed by a professional
    7  engineer registered in the state and certified by such engineer
    8  as complying with performance criteria adopted by the department
    9  must be approved by the department subject to the following:
   10         1. The performance criteria applicable to engineer-designed
   11  systems must be limited to those necessary to ensure that such
   12  systems do not adversely affect the public health or
   13  significantly degrade the groundwater or surface water. Such
   14  performance criteria shall include consideration of the quality
   15  of system effluent, the proposed total sewage flow per acre,
   16  wastewater treatment capabilities of the natural or replaced
   17  soil, water quality classification of the potential surface
   18  water-receiving body, and the structural and maintenance
   19  viability of the system for the treatment of domestic
   20  wastewater. However, performance criteria shall address only the
   21  performance of a system and not a system’s design.
   22         2. The technical review and advisory panel shall assist the
   23  department in the development of performance criteria applicable
   24  to engineer-designed systems.
   25         2.3. A person electing to utilize an engineer-designed
   26  system shall, upon completion of the system design, submit such
   27  design, certified by a registered professional engineer, to the
   28  county health department. The county health department may
   29  utilize an outside consultant to review the engineer-designed
   30  system, with the actual cost of such review to be borne by the
   31  applicant. Within 5 working days after receiving an engineer
   32  designed system permit application, the county health department
   33  shall request additional information if the application is not
   34  complete. Within 15 working days after receiving a complete
   35  application for an engineer-designed system, the county health
   36  department either shall issue the permit or, if it determines
   37  that the system does not comply with the performance criteria,
   38  shall notify the applicant of that determination and refer the
   39  application to the department for a determination as to whether
   40  the system should be approved, disapproved, or approved with
   41  modification. The department engineer’s determination shall
   42  prevail over the action of the county health department. The
   43  applicant shall be notified in writing of the department’s
   44  determination and of the applicant’s rights to pursue a variance
   45  or seek review under the provisions of chapter 120.
   46         3.4. The owner of an engineer-designed performance-based
   47  system must maintain a current maintenance service agreement
   48  with a maintenance entity permitted by the department. The
   49  maintenance entity shall obtain a biennial system operating
   50  permit from the department for each system under service
   51  contract. The department shall inspect the system at least
   52  annually, or on such periodic basis as the fee collected
   53  permits, and may collect system-effluent samples if appropriate
   54  to determine compliance with the performance criteria. The fee
   55  for the biennial operating permit shall be collected beginning
   56  with the second year of system operation. The maintenance entity
   57  shall inspect each system at least twice each year and shall
   58  report quarterly to the department on the number of systems
   59  inspected and serviced. The reports may be submitted
   60  electronically.
   61         4. The department may approve and permit a property owner
   62  of an owner-occupied, single-family residence as a maintenance
   63  entity for his or her own performance-based treatment system if
   64  the system manufacturer’s approved representative certifies in
   65  writing that the property owner has received training on the
   66  proper installation and service of the system. The maintenance
   67  service agreement must conspicuously disclose that the property
   68  owner has the right to maintain his or her own system and is
   69  exempt from contractor registration requirements for performing
   70  construction, maintenance, or repairs on the system but is
   71  subject to all permitting requirements.
   72         5. The property owner shall obtain a biennial system
   73  operating permit from the department for each system. The
   74  department shall inspect the system at least annually, or on
   75  such periodic basis as the fee collected allows, and may collect
   76  system-effluent samples if appropriate to determine compliance
   77  with the performance criteria. The fee for the biennial
   78  operating permit shall be collected beginning with the second
   79  year of system operation.
   80         6.5. If an engineer-designed system fails to properly
   81  function or fails to meet performance standards, the system
   82  shall be re-engineered, if necessary, to bring the system into
   83  compliance with the provisions of this section.
   84  
   85  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   86         And the directory clause is amended as follows:
   87         Delete line 35
   88  and insert:
   89         Section 1. Paragraphs (j), (l), and (u) of subsection (4)
   90  of
   91  
   92  ================= T I T L E  A M E N D M E N T ================
   93         And the title is amended as follows:
   94         Delete line 3
   95  and insert:
   96         disposal systems; amending s. 381.0065, F.S.; deleting
   97         provisions relating to the development of performance
   98         criteria applicable to engineer-designed systems;
   99         revising requirements for maintenance entity service
  100         agreements for certain engineer-designed systems;
  101         authorizing certain property owners to be approved and
  102         permitted as maintenance entities for performance
  103         based treatment systems under certain conditions;
  104         requiring owners of performance-based treatment unit
  105         systems to obtain certain permits;