House Bill 4475
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Florida House of Representatives - 1998 HB 4475
By Representatives Alexander and 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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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 the use of standards or
12 conditions that are more stringent than rules adopted by the
13 Department of Health regarding the location, installation, and
14 use of onsite sewage treatment and disposal systems. In
15 addition, the Department of Community Affairs may not require
16 the use of publicly owned or investor-owned sewerage systems
17 or other sewerage treatment processes as an alternative to the
18 proposed use of onsite sewage treatment and disposal systems,
19 other than to determine the compliance of a plan amendment
20 pursuant to s. 163.3184(1)(b).
21 (4) PERMITS; INSTALLATION; AND CONDITIONS.--A person
22 may not construct, repair, modify, abandon, or operate an
23 onsite sewage treatment and disposal system without first
24 obtaining a permit approved by the department. The department
25 may issue permits to carry out this section. A construction
26 permit is valid for 18 months from the issuance date and may
27 be extended by the department for one 90-day period under
28 rules adopted by the department. A repair permit is valid for
29 90 days from the date of issuance. An operating permit is
30 valid for 1 year from the date of issuance and must be renewed
31 annually. If all information pertaining to the siting,
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1 location, and installation conditions or repair of an onsite
2 sewage treatment and disposal system remains the same, a
3 construction or repair permit for the onsite sewage treatment
4 and disposal system may be transferred to another person, if
5 the transferee files, within 60 days after the transfer of
6 ownership, an amended application providing all corrected
7 information and proof of ownership of the property. There is
8 no fee associated with the processing of this supplemental
9 information. A person may not contract to construct, modify,
10 alter, repair, service, abandon, or maintain any portion of an
11 onsite sewage treatment and disposal system without being
12 registered under part III of chapter 489. A property owner
13 who personally performs construction, maintenance, or repairs
14 to a system serving his or her own owner-occupied
15 single-family residence is exempt from registration
16 requirements for performing such construction, maintenance, or
17 repairs on that residence, but is subject to all permitting
18 requirements.
19 (g)1. The department may grant variances in hardship
20 cases which may be less restrictive than the provisions
21 specified in this section. If a variance is granted and the
22 onsite sewage treatment and disposal system construction
23 permit has been issued, the variance may be transferred with
24 the system construction permit, if the transferee files,
25 within 60 days after the transfer of ownership, an amended
26 construction permit application providing all corrected
27 information and proof of ownership of the property and if the
28 same variance would have been required for the new owner of
29 the property as was originally granted to the original
30 applicant for the variance. There is no fee associated with
31 the processing of this supplemental information. A variance
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1 may not be granted under this section until the department is
2 satisfied that:
3 a. The hardship was not caused intentionally by the
4 action of the applicant;
5 b. No reasonable, cost-effective, affordable, or
6 economically justifiable alternative exists for the treatment
7 of the sewage; and
8 c. The discharge from the onsite sewage treatment and
9 disposal system will not adversely affect the health of the
10 applicant or the public or significantly degrade the
11 groundwater or surface waters.
12
13 Where soil conditions, water table elevation, and setback
14 provisions are determined by the department to be
15 satisfactory, special consideration must be given to those
16 lots platted before 1972.
17 2. The department shall appoint and staff a variance
18 review and advisory committee, which shall meet monthly to
19 recommend agency action on variance requests. The committee
20 shall make its recommendations on variance requests at the
21 meeting in which the application is scheduled for
22 consideration, except for an extraordinary change in
23 circumstances or when the applicant requests an extension. The
24 committee shall consider the criteria in subparagraph 1. in
25 its recommended agency action on variance requests and shall
26 also strive to allow property owners the full use of their
27 land where possible. The committee board consists of the
28 following:
29 a. The Division Director for Environmental Health of
30 the department or his or her designee.
31
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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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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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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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