House Bill 4329

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    Florida House of Representatives - 1998                HB 4329

        By Representative Harrington






  1                      A bill to be entitled

  2         An act relating to public health; amending s.

  3         381.0065, F.S.; prescribing Department of

  4         Health responsibility for determining site

  5         suitability for onsite sewage treatment and

  6         disposal systems; restricting actions regarding

  7         such systems by the Department of Community

  8         Affairs pursuant to review of comprehensive

  9         plan amendments; revising guidelines and

10         procedures for granting variances for such

11         systems; revising membership of the

12         department's variance review and advisory

13         committee; amending s. 381.0068, F.S.; revising

14         duties and procedures of the department's

15         technical review and advisory panel; providing

16         an effective date.

17

18  Be It Enacted by the Legislature of the State of Florida:

19

20         Section 1.  Subsection (1) and paragraph (g) of

21  subsection (4) of section 381.0065, Florida Statutes, are

22  amended to read:

23         381.0065  Onsite sewage treatment and disposal systems;

24  regulation.--

25         (1)  LEGISLATIVE INTENT.--It is the intent of the

26  Legislature that where a publicly owned or investor-owned

27  sewerage system is not available, the department shall issue

28  permits for the construction, installation, modification,

29  abandonment, or repair of onsite sewage treatment and disposal

30  systems, and shall have the sole authority and responsibility

31  to determine site suitability, under conditions as described

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    Florida House of Representatives - 1998                HB 4329

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  1  in this section and rules adopted under this section.  It is

  2  further the intent of the Legislature that the installation

  3  and use of onsite sewage treatment and disposal systems not

  4  adversely affect the public health or significantly degrade

  5  the groundwater or surface water. The Legislature acknowledges

  6  the Department of Community Affairs' responsibility to review

  7  and evaluate comprehensive plan amendments to the general

  8  sanitary sewer, solid waste, drainage, and potable water

  9  element exclusively pursuant to s. 163.3177(6)(c). In

10  considering comprehensive plan amendments, the Department of

11  Community Affairs may not require, encourage, or promote the

12  use of standards or conditions that are more stringent than

13  rules adopted by the Department of Health regarding the

14  location, installation, and use of onsite sewage treatment and

15  disposal systems. In addition, the Department of Community

16  Affairs may not require, encourage, or promote the use of

17  publicly owned or investor-owned sewerage systems or other

18  sewerage treatment processes as an alternative to the proposed

19  use of onsite sewage treatment and disposal systems, other

20  than to determine the compliance of a plan amendment pursuant

21  to s. 163.3184(1)(b).

22         (4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person

23  may not construct, repair, modify, abandon, or operate an

24  onsite sewage treatment and disposal system without first

25  obtaining a permit approved by the department. The department

26  may issue permits to carry out this section.  A construction

27  permit is valid for 18 months from the issuance date and may

28  be extended by the department for one 90-day period under

29  rules adopted by the department.  A repair permit is valid for

30  90 days from the date of issuance.  An operating permit is

31  valid for 1 year from the date of issuance and must be renewed

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    Florida House of Representatives - 1998                HB 4329

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  1  annually.  If all information pertaining to the siting,

  2  location, and installation conditions or repair of an onsite

  3  sewage treatment and disposal system remains the same, a

  4  construction or repair permit for the onsite sewage treatment

  5  and disposal system may be transferred to another person, if

  6  the transferee files, within 60 days after the transfer of

  7  ownership, an amended application providing all corrected

  8  information and proof of ownership of the property.  There is

  9  no fee associated with the processing of this supplemental

10  information.  A person may not contract to construct, modify,

11  alter, repair, service, abandon, or maintain any portion of an

12  onsite sewage treatment and disposal system without being

13  registered under part III of chapter 489.  A property owner

14  who personally performs construction, maintenance, or repairs

15  to a system serving his or her own owner-occupied

16  single-family residence is exempt from registration

17  requirements for performing such construction, maintenance, or

18  repairs on that residence, but is subject to all permitting

19  requirements.

20         (g)1.  The department may grant variances in hardship

21  cases which may be less restrictive than the provisions

22  specified in this section.  If a variance is granted and the

23  onsite sewage treatment and disposal system construction

24  permit has been issued, the variance may be transferred with

25  the system construction permit, if the transferee files,

26  within 60 days after the transfer of ownership, an amended

27  construction permit application providing all corrected

28  information and proof of ownership of the property and if the

29  same variance would have been required for the new owner of

30  the property as was originally granted to the original

31  applicant for the variance.  There is no fee associated with

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    Florida House of Representatives - 1998                HB 4329

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  1  the processing of this supplemental information.  A variance

  2  may not be granted under this section until the department is

  3  satisfied that:

  4         a.  The hardship was not caused intentionally by the

  5  action of the applicant;

  6         b.  No reasonable, cost-effective, affordable, or

  7  economically justifiable alternative exists for the treatment

  8  of the sewage; and

  9         c.  The discharge from the onsite sewage treatment and

10  disposal system will not adversely affect the health of the

11  applicant or the public or significantly degrade the

12  groundwater or surface waters.

13

14  Where soil conditions, water table elevation, and setback

15  provisions are determined by the department to be

16  satisfactory, special consideration must be given to those

17  lots platted before 1972.

18         2.  The department shall appoint and staff a variance

19  review and advisory committee, which shall meet monthly to

20  recommend agency action on variance requests. The committee

21  shall make its recommendations on variance requests at the

22  meeting in which the application is scheduled for

23  consideration, except for an extraordinary change in

24  circumstances or when the applicant requests an extension. The

25  committee shall consider the criteria in subparagraph 1. in

26  its recommended agency action on variance requests and shall

27  also strive to allow property owners the full use of their

28  land where possible. The committee board consists of the

29  following:

30         a.  The Division Director for Environmental Health of

31  the department or his or her designee.

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    Florida House of Representatives - 1998                HB 4329

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  1         b.  A representative from the county health

  2  departments.

  3         c.  A representative from the home building industry

  4  recommended by the Florida Home Builders Association.

  5         d.  A representative from the septic tank industry

  6  recommended by the Florida Septic Tank Association.

  7         e.  A representative from the Department of

  8  Environmental Protection.

  9         f.  A representative from the real estate industry

10  recommended by the Florida Association of Realtors.

11         g.  A representative from the public food service

12  industry whose business uses an onsite sewage treatment

13  disposal system, recommended by the Florida Restaurant

14  Association.

15

16  Members shall be appointed for a term of 3 years, with such

17  appointments being staggered so that the terms of no more than

18  two members expire in any one year.  Members shall serve

19  without remuneration, but if requested, shall may be

20  reimbursed for per diem and travel expenses as provided in s.

21  112.061.

22         Section 2.  Section 381.0068, Florida Statutes, is

23  amended to read:

24         381.0068  Technical review and advisory panel.--

25         (1)  The Department of Health shall, by July 1, 1996,

26  establish and staff a technical review and advisory panel to

27  assist the department with rule adoption.

28         (2)  The primary purpose of the panel is to assist

29  enhance the department's rulemaking decisionmaking by drawing

30  on the expertise of representatives from several groups that

31  are affected by have an interest in onsite sewage treatment

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    Florida House of Representatives - 1998                HB 4329

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  1  and disposal systems. The panel shall also consider any

  2  existing or proposed state policy or issue that relates to

  3  onsite sewage treatment and disposal systems. If requested by

  4  the panel, the chair shall transmit or communicate a vote of

  5  the panel regarding any existing or proposed state policy or

  6  issue to any affected person. The chair may also take such

  7  other action as is appropriate to allow the panel to function.

  8  At a minimum, the technical review and advisory panel shall

  9  consist of a soil scientist; a professional engineer

10  registered in this state who is recommended by the Florida

11  Engineering Society and who has work experience in onsite

12  sewage treatment and disposal systems; two representatives

13  from the home-building industry recommended by the Florida

14  Home Builders Association, including one who is a developer in

15  this state who develops lots using onsite sewage treatment and

16  disposal systems; a representative from the county health

17  departments who has experience permitting and inspecting the

18  installation of onsite sewage treatment and disposal systems

19  in this state; a representative from the real estate industry

20  who is recommended by the Florida Association of Realtors; a

21  consumer representative with a science background; two

22  representatives of the septic tank industry recommended by the

23  Florida Septic Tank Association, including one who is a

24  manufacturer of onsite sewage treatment and disposal systems;

25  and a representative from the environmental health profession

26  who is recommended by the Florida Environmental Health

27  Association and who is not employed by a county health

28  department.  Members are to be appointed for a term of 2

29  years.  The panel may also, as needed, be expanded to include

30  ad hoc, nonvoting representatives who have topic-specific

31  expertise.  All rules, except emergency rules, proposed by the

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    Florida House of Representatives - 1998                HB 4329

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  1  department which relate to onsite sewage treatment and

  2  disposal systems must be presented to the panel for review,

  3  and comment, and approval prior to adoption.  The panel shall

  4  select a chair, who shall serve for a period of 1 year and who

  5  shall direct, coordinate, and execute the duties of the panel.

  6  The panel shall also solicit input from the department's

  7  variance review and advisory committee before taking action on

  8  submitting any comments to the department concerning proposed

  9  rules.  The panel's comments must include any dissenting

10  points of view concerning proposed rules.  The panel shall

11  hold meetings as it determines necessary to conduct its

12  business, except that the chair, a quorum of the voting

13  members of the panel, or the department may call meetings.

14  The department shall keep minutes of all meetings of the

15  panel. The minutes must record all votes on proposed rules and

16  must describe the panel's general discussions and comments, as

17  well as minority points of view regarding votes on such

18  proposed rules. Panel members shall serve without

19  remuneration, but if requested, shall may be reimbursed for

20  per diem and travel expenses as provided in s. 112.061.

21         Section 3.  This act shall take effect upon becoming a

22  law.

23

24            *****************************************

25                          HOUSE SUMMARY

26
      Defines the responsibilities of the Department of Health
27    and the Department of Community Affairs in the issuance
      of permits for onsite sewage treatment and disposal
28    systems. Revises guidelines and procedures relating to
      the granting of variances for such systems by the
29    Department of Health, and provides additional members of
      the department's variance review and advisory committee.
30    Revises the procedures and responsibilities of the
      department's technical review and advisory panel and its
31    function in advising the Department of Health regarding
      proposed rules.
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