House Bill 4475e3
CODING: Words stricken are deletions; words underlined are additions.
HB 4475, Third Engrossed
1 A bill to be entitled
2 An act relating to wastewater treatment
3 systems; amending s. 381.0064, F.S.;
4 authorizing the Department of Health to
5 establish certain continuing education
6 requirements by rule; amending s. 381.0065,
7 F.S.; revising guidelines and procedures for
8 granting variances for onsite sewage treatment
9 and disposal systems; revising membership of
10 the department's variance review and advisory
11 committee; providing system criteria for use in
12 conjunction with structural gutters; providing
13 system criteria for use in certain floodways;
14 amending s. 381.0068, F.S., revising duties and
15 procedures of the department's technical review
16 and advisory panel; amending s. 489.551, F.S.;
17 authorizing certain plumbers to qualify as
18 master septic tank contractors; amending
19 489.554, F.S.; authorizing the department to
20 prescribe by rule the method of approval of
21 certain continuing education courses, including
22 minimum annual registration renewal
23 requirements; amending s. 489.555, F.S.;
24 revising the guidelines regarding the
25 certification of septic tank contractor
26 partnerships and corporations; providing an
27 effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31
1
CODING: Words stricken are deletions; words underlined are additions.
HB 4475, Third Engrossed
1 Section 1. Section 381.0064, Florida Statutes, is
2 amended to read:
3 381.0064 Continuing education courses for persons
4 installing or servicing septic tanks.--
5 (1) The Department of Health shall establish a program
6 for conduct continuing education which meets the purposes of
7 ss. 381.0101 and 489.554 courses for pumpout operators,
8 environmental health specialists, and master plumbers who
9 install septic tanks or service septic tanks. The course of
10 study required must consist of at least two 6-classroom-hour
11 courses of instruction a year regarding the public health and
12 environmental effects of onsite sewage treatment and disposal
13 systems and any other matters the department determines
14 desirable for the safe installation and use of onsite sewage
15 treatment and disposal systems. The department may charge a
16 fee to cover the cost of such program course of study;
17 however, such fee must take into account any moneys collected
18 under s. 381.0066 and appropriated to the department for the
19 purpose of this section.
20 (2) The department shall by rule establish criteria
21 for the approval of continuing education courses and
22 providers, including requirements relating to the content of
23 courses and standards for approval of providers, and may by
24 rule establish criteria for accepting alternative nonclassroom
25 continuing education on an hour-for-hour basis. also approve
26 other continuing education courses for pumpout operators,
27 environmental health specialists, and master plumbers who
28 install septic tanks or service septic tanks, which courses
29 meet the purposes of this section and consist of at least two
30 6-classroom-hour courses of instruction a year.
31
2
CODING: Words stricken are deletions; words underlined are additions.
HB 4475, Third Engrossed
1 (3) Septic tank contractors and master septic tank
2 contractors registered under part III of chapter 489 shall
3 meet the continuing education requirements set forth in s.
4 489.554.
5 Section 2. Paragraph (g) of subsection (4) of section
6 381.0065, Florida Statutes, is amended and paragraphs (r) and
7 (s) are added to that subsection to read:
8 381.0065 Onsite sewage treatment and disposal systems;
9 regulation.--
10 (4) PERMITS; INSTALLATION; AND CONDITIONS.--A person
11 may not construct, repair, modify, abandon, or operate an
12 onsite sewage treatment and disposal system without first
13 obtaining a permit approved by the department. The department
14 may issue permits to carry out this section. A construction
15 permit is valid for 18 months from the issuance date and may
16 be extended by the department for one 90-day period under
17 rules adopted by the department. A repair permit is valid for
18 90 days from the date of issuance. An operating permit is
19 valid for 1 year from the date of issuance and must be renewed
20 annually. If all information pertaining to the siting,
21 location, and installation conditions or repair of an onsite
22 sewage treatment and disposal system remains the same, a
23 construction or repair permit for the onsite sewage treatment
24 and disposal system may be transferred to another person, if
25 the transferee files, within 60 days after the transfer of
26 ownership, an amended application providing all corrected
27 information and proof of ownership of the property. There is
28 no fee associated with the processing of this supplemental
29 information. A person may not contract to construct, modify,
30 alter, repair, service, abandon, or maintain any portion of an
31 onsite sewage treatment and disposal system without being
3
CODING: Words stricken are deletions; words underlined are additions.
HB 4475, Third Engrossed
1 registered under part III of chapter 489. A property owner
2 who personally performs construction, maintenance, or repairs
3 to a system serving his or her own owner-occupied
4 single-family residence is exempt from registration
5 requirements for performing such construction, maintenance, or
6 repairs on that residence, but is subject to all permitting
7 requirements.
8 (g)1. The department may grant variances in hardship
9 cases which may be less restrictive than the provisions
10 specified in this section. If a variance is granted and the
11 onsite sewage treatment and disposal system construction
12 permit has been issued, the variance may be transferred with
13 the system construction permit, if the transferee files,
14 within 60 days after the transfer of ownership, an amended
15 construction permit application providing all corrected
16 information and proof of ownership of the property and if the
17 same variance would have been required for the new owner of
18 the property as was originally granted to the original
19 applicant for the variance. There is no fee associated with
20 the processing of this supplemental information. A variance
21 may not be granted under this section until the department is
22 satisfied that:
23 a. The hardship was not caused intentionally by the
24 action of the applicant;
25 b. No reasonable alternative, taking into
26 consideration factors such as cost, exists for the treatment
27 of the sewage; and
28 c. The discharge from the onsite sewage treatment and
29 disposal system will not adversely affect the health of the
30 applicant or the public or significantly degrade the
31 groundwater or surface waters.
4
CODING: Words stricken are deletions; words underlined are additions.
HB 4475, Third Engrossed
1
2 Where soil conditions, water table elevation, and setback
3 provisions are determined by the department to be
4 satisfactory, special consideration must be given to those
5 lots platted before 1972.
6 2. The department shall appoint and staff a variance
7 review and advisory committee, which shall meet monthly to
8 recommend agency action on variance requests. The committee
9 shall make its recommendations on variance requests at the
10 meeting in which the application is scheduled for
11 consideration, except for an extraordinary change in
12 circumstances, the receipt of new information that raises new
13 issues, or when the applicant requests an extension. The
14 committee shall consider the criteria in subparagraph 1. in
15 its recommended agency action on variance requests and shall
16 also strive to allow property owners the full use of their
17 land where possible. The committee board consists of the
18 following:
19 a. The Division Director for Environmental Health of
20 the department or his or her designee.
21 b. A representative from the county health
22 departments.
23 c. A representative from the home building industry
24 recommended by the Florida Home Builders Association.
25 d. A representative from the septic tank industry
26 recommended by the Florida Septic Tank Association.
27 e. A representative from the Department of
28 Environmental Protection.
29 f. A representative from the real estate industry who
30 is also a developer in this state who develops lots using
31
5
CODING: Words stricken are deletions; words underlined are additions.
HB 4475, Third Engrossed
1 onsite sewage treatment and disposal systems, recommended by
2 the Florida Association of Realtors.
3 g. A representative from the engineering profession
4 recommended by the Florida Engineering Society.
5
6 Members shall be appointed for a term of 3 years, with such
7 appointments being staggered so that the terms of no more than
8 two members expire in any one year. Members shall serve
9 without remuneration, but if requested, shall may be
10 reimbursed for per diem and travel expenses as provided in s.
11 112.061.
12 (r) In the siting of onsite sewage treatment and
13 disposal systems, including drainfields, shoulders, and
14 slopes, guttering shall not be required on single-family
15 residential dwelling units for systems located greater than 5
16 feet from the roof drip line of the house. If guttering is
17 used on residential dwelling units, the downspouts shall be
18 directed away from the drainfield.
19 (s) Notwithstanding the provisions of subparagraph
20 (f)1. of this subsection, onsite sewage treatment and disposal
21 systems located in floodways of the Suwannee and Aucilla
22 Rivers must adhere to the following requirements:
23 1. The absorption surface of the drainfield shall not
24 be subject to flooding based on 10-year flood elevations.
25 Provided, however, for lots or parcels created by the
26 subdivision of land in accordance with applicable local
27 government regulations prior to January 17, 1990, if an
28 applicant cannot construct a drainfield system with the
29 absorption surface of the drainfield at an elevation equal to
30 or above 10-year flood elevation, the department shall issue a
31 permit for an onsite sewage treatment and disposal system
6
CODING: Words stricken are deletions; words underlined are additions.
HB 4475, Third Engrossed
1 within the 10-year floodplain of rivers, streams and other
2 bodies of flowing water if all of the following criteria are
3 met:
4 a. The lot is at least one-half acre in size;
5 b. The bottom of the drainfield is at least 36 inches
6 above the 2-year flood elevation; and
7 c. The applicant installs either: a waterless,
8 incinerating, or organic waste composting toilet and a
9 graywater system and drainfield in accordance with department
10 rules; an aerobic treatment unit and drainfield in accordance
11 with department rules; a system approved by the State Health
12 Office that is capable of reducing effluent nitrate by at
13 least 50 percent; or a system approved by the county health
14 department pursuant to department rule other than a system
15 using alternative drainfield materials. USDA Soil
16 Conservation Service soil maps, State of Florida Water
17 Management District data, and Federal Emergency Management
18 Agency Flood Insurance maps are resources that shall be used
19 to identify floor prone areas.
20 2. The use of fill or mounding to elevate a drainfield
21 system out of the 10-year floodplain of rivers, streams, or
22 other bodies of flowing water shall not be permitted if such a
23 system lies within a regulatory floodway of the Suwannee and
24 Aucilla Rivers. In cases where the 10-year flood elevation
25 does not coincide with the boundaries of the regulatory
26 floodway, the regulatory floodway will be considered for the
27 purposes of this subsection to extend at a minimum to the
28 10-year flood elevation.
29 Section 3. Section 381.0068, Florida Statutes, is
30 amended to read:
31 381.0068 Technical review and advisory panel.--
7
CODING: Words stricken are deletions; words underlined are additions.
HB 4475, Third Engrossed
1 (1) The Department of Health shall, by July 1, 1996,
2 establish and staff a technical review and advisory panel to
3 assist the department with rule adoption.
4 (2) The primary purpose of the panel is to assist
5 enhance the department's the department in rulemaking and
6 decisionmaking by drawing on the expertise of representatives
7 from several groups that are affected by have an interest in
8 onsite sewage treatment and disposal systems. The panel may
9 also review and comment on any legislation or any existing or
10 proposed state policy or issue related to onsite sewer
11 treatment and disposal systems. If requested by the panel,
12 the chair will advise any affected person or member of the
13 Legislature of the panel's position on the legislation or any
14 existing or proposed state policy or issue. The chair may also
15 take such other action as is appropriate to allow the panel to
16 function. At a minimum, the technical review and advisory
17 panel shall consist of a soil scientist; a professional
18 engineer registered in this state who is recommended by the
19 Florida Engineering Society and who has work experience in
20 onsite sewage treatment and disposal systems; two
21 representatives from the home-building industry recommended by
22 the Florida Home Builders Association, including one who is a
23 developer in this state who develops lots using onsite sewage
24 treatment and disposal systems; a representative from the
25 county health departments who has experience permitting and
26 inspecting the installation of onsite sewage treatment and
27 disposal systems in this state; a representative from the real
28 estate industry who is recommended by the Florida Association
29 of Realtors; a consumer representative with a science
30 background; two representatives of the septic tank industry
31 recommended by the Florida Septic Tank Association, including
8
CODING: Words stricken are deletions; words underlined are additions.
HB 4475, Third Engrossed
1 one who is a manufacturer of onsite sewage treatment and
2 disposal systems; and a representative from the environmental
3 health profession who is recommended by the Florida
4 Environmental Health Association and who is not employed by a
5 county health department. Members are to be appointed for a
6 term of 2 years. The panel may also, as needed, be expanded
7 to include ad hoc, nonvoting representatives who have
8 topic-specific expertise. All rules proposed by the
9 department which relate to onsite sewage treatment and
10 disposal systems must be presented to the panel for review and
11 comment prior to adoption. The panel's position on proposed
12 rules shall be made a part of the rulemaking record that is
13 maintained by the agency. The panel shall select a chair, who
14 shall serve for a period of 1 year and who shall direct,
15 coordinate, and execute the duties of the panel. The panel
16 shall also solicit input from the department's variance review
17 and advisory committee before submitting any comments to the
18 department concerning proposed rules. The panel's comments
19 must include any dissenting points of view concerning proposed
20 rules. The panel shall hold meetings as it determines
21 necessary to conduct its business, except that the chair, a
22 quorum of the voting members of the panel, or the department
23 may call meetings. The department shall keep minutes of all
24 meetings of the panel. Panel members shall serve without
25 remuneration, but if requested, shall may be reimbursed for
26 per diem and travel expenses as provided in s. 112.061.
27 Section 4. Subsection (2) of section 489.551, Florida
28 Statutes, is amended to read:
29 489.551 Definitions.--As used in this part:
30 (2) "Master septic tank contractor" means a septic
31 tank contractor whose services are unlimited in the septic
9
CODING: Words stricken are deletions; words underlined are additions.
HB 4475, Third Engrossed
1 tank trade who has had at least 3 years' experience as a
2 Florida-registered septic tank contractor or a plumbing
3 contractor certified under part 1 of this chapter who has
4 provided septic tank contracting services for at least 3 years
5 and who has the experience, knowledge, and skills to install,
6 maintain, repair, close repairs of, and alter all types of
7 onsite sewage treatment and disposal systems, to design onsite
8 sewage treatment and disposal systems, where not prohibited by
9 law, to perform and submit soil evaluations, when determined
10 to meet site-evaluation expertise established by rule, and to
11 use materials and items used in the installation and
12 maintenance of all types of onsite sewage treatment and
13 disposal systems.
14 Section 5. Section 489.554, Florida Statutes, is
15 amended to read:
16 489.554 Registration renewal.--The department shall
17 prescribe by rule the method for approval of continuing
18 education courses and for renewal of annual registration. At
19 a minimum, annual renewal, which shall include continuing
20 education requirements of not less than 6 classroom hours
21 annually for septic tank contractors and not less than 12
22 classroom hours annually for master septic tank contractors.
23 The 12 classroom hours of continuing education required for
24 master septic tank contractors may include the 6 classroom
25 hours required for septic tank contractors, but at a minimum
26 must include 6 classroom hours of approved master septic tank
27 contractor coursework.
28 Section 6. Subsection (5) is added to section 489.555,
29 Florida Statutes, to read:
30 489.555 Certification of partnerships and
31 corporations.--
10
CODING: Words stricken are deletions; words underlined are additions.
HB 4475, Third Engrossed
1 (5) When a certificate of authorization has been
2 revoked, any person authorized by law to provide septic tank
3 contracting services may not use the name or fictitious name
4 of the entity whose certificate was revoked, or any other
5 identifiers for the entity, including telephone numbers,
6 advertisements, or logos.
7 Section 7. This act shall take effect upon becoming a
8 law.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
11