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A bill to be entitled

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An act relating to onsite sewage treatment and disposal

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systems; providing legislative intent to research and find

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cost-effective methods for reducing nitrogen levels in the

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state's springs and to expand research in the Wekiva

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Springs Basin; requiring the Department of Health to

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conduct a study that develops and evaluates passive onsite

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wastewater nitrogen reduction systems to complement or add

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to conventional onsite wastewater treatment systems;

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requiring that the department's research review and

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advisory committee and technical review and advisory panel

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approve the study; requiring the department to provide

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administrative support to the committee; requiring the

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department to administer and provide quality control for

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contracts; requiring the department to establish an

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advisory panel comprised of experts in wastewater

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treatment process design and performance assessment to

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periodically review the study; providing for the

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membership of the panel; providing requirements for the

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study; requiring that the study be completed by a

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specified date; requiring that the research review and

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advisory committee approve interim progress reports and a

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final report and submit such reports to the Governor and

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the Legislature; amending s. 381.0065, F.S.; requiring an

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owner of an onsite sewage treatment and disposal system

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installed before 1983 to have the system pumped out and

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inspected, with the exception of a system requiring an

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operating permit; requiring the department to adopt rules

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relating to such inspection; providing an appropriation;

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providing an effective date.

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

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     Section 1. (1) It is the intent of the Legislature to

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research and find cost-effective methods to reduce nitrogen

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levels in the state's springs and to expand the research

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performed in the Wekiva Springs Basin. In order to fulfill the

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intent of this section, the Department of Health shall conduct a

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study, or contract with the Stormwater Management Academy of the

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University of Central Florida, to develop and evaluate passive

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onsite wastewater nitrogen reduction systems that consist of

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technologies and strategies for reducing nitrogen and that

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complement or can be added to conventional onsite wastewater

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treatment systems. The department's research review and advisory

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committee and technical review and advisory panel shall approve

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the study. The committee shall oversee the project's performance

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and initially approve the study. The department shall provide

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administrative support to the committee, including, but not

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limited to, drafting reports, preparing outlines, and making

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requests for a proposal if the department contracts with the

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University of Central Florida to conduct the study. The

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department shall administer and provide quality control for

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contracts approved by the committee. The study must comply with

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the requirements in this section.

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     (2) The department shall establish a five-person advisory

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panel to periodically review the study which shall be comprised

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of engineers and scientists having expertise in the design and

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assessment of wastewater treatment, including nitrogen-removal

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processes and the fate and transport of nitrogen in the

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environment. The Florida Onsite Wastewater Association, the

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Florida Home Builders Association, and the Florida Association of

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Realtors shall recommend three members to serve on the advisory

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panel.

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     (3) The study must identify and evaluate passive onsite

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wastewater nitrogen reduction systems that have a significantly

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lower life-cycle cost and a higher benefit-to-cost ratio compared

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to the available performance-based treatment systems currently

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identified by the department for nitrogen reductions of 70

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percent of effluent less than 10 mg/L. The life-cycle cost must

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be based on total system costs, including installation,

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operation, and maintenance costs and the benefit-to-cost ratio

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must be based on the life-cycle cost per unit mass of nitrogen

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reduction. The study must include a comprehensive literature

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review of passive onsite wastewater nitrogen reduction systems,

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methods, strategies, and costs reported for reducing passive

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nitrogen and the field evaluations of selected systems from a

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demonstration site determined by the research review and advisory

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committee.

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     (a) The study must evaluate the addition of organic carbon

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material and other alternative media through conventional

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components such as tanks or drainfields, effluent recirculation,

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alterations such as the addition of low-pressure dosing or drip

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irrigation, various plant material over the drainfield, and other

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technologies, combinations, or process configurations identified

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by the department, the contractor, or the literature review.

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     (b) The measurement of nitrogen-reduction performance must

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include the analyses of numerous effluent samples from various

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process streams for each system evaluated, a determination of the

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mean, and measurements of process variance for each system.

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Nitrogen reduction must be measured during the wet and dry

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seasons.

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     (4) The study must evaluate the fate and transport of

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nitrogen species from conventional onsite wastewater treatment

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systems, passive onsite wastewater nitrogen reduction systems,

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and performance-based treatment systems and include a

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determination of denitrification rates in unsaturated soil and

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groundwater below and downgradient of the systems. The data must

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be analyzed to develop credits for soil and groundwater-based

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treatment.

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     (5) The cost and performance of the conventional onsite

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wastewater treatment systems, passive onsite wastewater nitrogen

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reduction systems, and performance-based treatment systems must

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be documented and compared in regard to installation

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requirements, maintenance needs, operational requirements, and

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all related costs.

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     (6) The study must be completed by December 1, 2011. The

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research review and advisory committee shall approve interim

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progress reports and submit such reports to the Governor, the

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President of the Senate, and the Speaker of the House of

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Representatives by February 1 of each year beginning in 2009 and

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ending in 2011. The committee shall approve a final report

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summarizing the study, which must include options, findings, and

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recommendations, and shall present the report to the Governor,

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the President of the Senate, and the Speaker of the House of

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Representatives within 60 days after the study is completed.

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     Section 2.  Present subsection (5) of section 381.0065,

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Florida Statutes, is redesignated as subsection (6), and a new

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subsection (5) is added to that section, to read:

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     381.0065  Onsite sewage treatment and disposal systems;

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regulation.--

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     (5) PERIODIC INSPECTIONS.--The owner of an onsite sewage

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treatment and disposal system installed before 1983 must have the

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system pumped out and inspected pursuant to rules adopted by the

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department, except for a system that is required to obtain an

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operating permit. In consultation with the technical review and

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advisory panel, the department shall adopt rules to administer:

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(a) An implementation schedule for inspections on a five-

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year cycle with priority given to spring protection areas,

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outstanding Florida waters, and water bodies listed under s.

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303(d) of the Clean Water Act.

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(b) The qualifications of an inspector and conflict of

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interest standards to prevent an inspector from conducting

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repairs associated with any deficiency found.

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(c) The timely reporting of inspection results to the

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department and the homeowner.

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(d) Minimum inspection and pumpout practices necessary to

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prolong system function and to identify and correct public health

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nuisances.

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(e) The repair permitting requirements to correct a

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sanitary nuisance pursuant to s. 386.03.

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     Section 3. The sum of $5 million is appropriated to the

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Department of Health from the Water Protection and Sustainability

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Program Trust Fund for the 2008-2009 fiscal year for the purpose

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of conducting the study required under section 1 of this act.

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     Section 4.  This act shall take effect July 1, 2008.