CS/HB 567

1
A bill to be entitled
2An act relating to onsite sewage treatment and disposal
3systems; amending ss. 381.0065 and 381.0068, F.S.;
4providing that a member of local government who is
5knowledgeable about domestic wastewater treatment be added
6to the research review and advisory committee and the
7technical review and advisory panel established by the
8Department of Health for purposes of onsite sewage
9treatment and disposal system regulation; amending s.
10381.0101, F.S.; specifying an exemption from certain
11certification required to conduct environmental health and
12sanitary evaluations; providing training requirements;
13providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Paragraph (o) of subsection (4) of section
18381.0065, Florida Statutes, is amended to read:
19     381.0065  Onsite sewage treatment and disposal systems;
20regulation.--
21     (4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person may
22not construct, repair, modify, abandon, or operate an onsite
23sewage treatment and disposal system without first obtaining a
24permit approved by the department. The department may issue
25permits to carry out this section, but shall not make the
26issuance of such permits contingent upon prior approval by the
27Department of Environmental Protection, except that the issuance
28of a permit for work seaward of the coastal construction control
29line established under s. 161.053 shall be contingent upon
30receipt of any required coastal construction control line permit
31from the Department of Environmental Protection. A construction
32permit is valid for 18 months from the issuance date and may be
33extended by the department for one 90-day period under rules
34adopted by the department. A repair permit is valid for 90 days
35from the date of issuance. An operating permit must be obtained
36prior to the use of any aerobic treatment unit or if the
37establishment generates commercial waste. Buildings or
38establishments that use an aerobic treatment unit or generate
39commercial waste shall be inspected by the department at least
40annually to assure compliance with the terms of the operating
41permit. The operating permit for a commercial wastewater system
42is valid for 1 year from the date of issuance and must be
43renewed annually. The operating permit for an aerobic treatment
44unit is valid for 2 years from the date of issuance and must be
45renewed every 2 years. If all information pertaining to the
46siting, location, and installation conditions or repair of an
47onsite sewage treatment and disposal system remains the same, a
48construction or repair permit for the onsite sewage treatment
49and disposal system may be transferred to another person, if the
50transferee files, within 60 days after the transfer of
51ownership, an amended application providing all corrected
52information and proof of ownership of the property. There is no
53fee associated with the processing of this supplemental
54information. A person may not contract to construct, modify,
55alter, repair, service, abandon, or maintain any portion of an
56onsite sewage treatment and disposal system without being
57registered under part III of chapter 489. A property owner who
58personally performs construction, maintenance, or repairs to a
59system serving his or her own owner-occupied single-family
60residence is exempt from registration requirements for
61performing such construction, maintenance, or repairs on that
62residence, but is subject to all permitting requirements. A
63municipality or political subdivision of the state may not issue
64a building or plumbing permit for any building that requires the
65use of an onsite sewage treatment and disposal system unless the
66owner or builder has received a construction permit for such
67system from the department. A building or structure may not be
68occupied and a municipality, political subdivision, or any state
69or federal agency may not authorize occupancy until the
70department approves the final installation of the onsite sewage
71treatment and disposal system. A municipality or political
72subdivision of the state may not approve any change in occupancy
73or tenancy of a building that uses an onsite sewage treatment
74and disposal system until the department has reviewed the use of
75the system with the proposed change, approved the change, and
76amended the operating permit.
77     (o)  The department shall appoint a research review and
78advisory committee, which shall meet at least semiannually. The
79committee shall advise the department on directions for new
80research, review and rank proposals for research contracts, and
81review draft research reports and make comments. The committee
82is comprised of:
83     1.  A representative of the Division of Environmental
84Health of the Department of Health.
85     2.  A representative from the septic tank industry.
86     3.  A representative from the home building industry.
87     4.  A representative from an environmental interest group.
88     5.  A representative from the State University System, from
89a department knowledgeable about onsite sewage treatment and
90disposal systems.
91     6.  A professional engineer registered in this state who
92has work experience in onsite sewage treatment and disposal
93systems.
94     7.  A representative from local government who is
95knowledgeable about domestic wastewater treatment.
96     8.7.  A representative from the real estate profession.
97     9.8.  A representative from the restaurant industry.
98     10.9.  A consumer.
99
100Members shall be appointed for a term of 3 years, with the
101appointments being staggered so that the terms of no more than
102four members expire in any one year. Members shall serve without
103remuneration, but are entitled to reimbursement for per diem and
104travel expenses as provided in s. 112.061.
105     Section 2.  Subsection (2) of section 381.0068, Florida
106Statutes, is amended to read:
107     381.0068  Technical review and advisory panel.--
108     (2)  The primary purpose of the panel is to assist the
109department in rulemaking and decisionmaking by drawing on the
110expertise of representatives from several groups that are
111affected by onsite sewage treatment and disposal systems. The
112panel may also review and comment on any legislation or any
113existing or proposed state policy or issue related to onsite
114sewage treatment and disposal systems. If requested by the
115panel, the chair will advise any affected person or member of
116the Legislature of the panel's position on the legislation or
117any existing or proposed state policy or issue. The chair may
118also take such other action as is appropriate to allow the panel
119to function. At a minimum, the panel shall consist of a soil
120scientist; a professional engineer registered in this state who
121is recommended by the Florida Engineering Society and who has
122work experience in onsite sewage treatment and disposal systems;
123two representatives from the home-building industry recommended
124by the Florida Home Builders Association, including one who is a
125developer in this state who develops lots using onsite sewage
126treatment and disposal systems; a representative from the county
127health departments who has experience permitting and inspecting
128the installation of onsite sewage treatment and disposal systems
129in this state; a representative from the real estate industry
130who is recommended by the Florida Association of Realtors; a
131consumer representative with a science background; two
132representatives of the septic tank industry recommended by the
133Florida Onsite Wastewater Association, including one who is a
134manufacturer of onsite sewage treatment and disposal systems; a
135representative from local government who is knowledgeable about
136domestic wastewater treatment and who is recommended by the
137Florida Association of Counties and the Florida League of
138Cities; and a representative from the environmental health
139profession who is recommended by the Florida Environmental
140Health Association and who is not employed by a county health
141department. Members are to be appointed for a term of 2 years.
142The panel may also, as needed, be expanded to include ad hoc,
143nonvoting representatives who have topic-specific expertise. All
144rules proposed by the department which relate to onsite sewage
145treatment and disposal systems must be presented to the panel
146for review and comment prior to adoption. The panel's position
147on proposed rules shall be made a part of the rulemaking record
148that is maintained by the agency. The panel shall select a
149chair, who shall serve for a period of 1 year and who shall
150direct, coordinate, and execute the duties of the panel. The
151panel shall also solicit input from the department's variance
152review and advisory committee before submitting any comments to
153the department concerning proposed rules. The panel's comments
154must include any dissenting points of view concerning proposed
155rules. The panel shall hold meetings as it determines necessary
156to conduct its business, except that the chair, a quorum of the
157voting members of the panel, or the department may call
158meetings. The department shall keep minutes of all meetings of
159the panel. Panel members shall serve without remuneration, but,
160if requested, shall be reimbursed for per diem and travel
161expenses as provided in s. 112.061.
162     Section 3.  Subsection (3) of section 381.0101, Florida
163Statutes, is amended to read:
164     381.0101  Environmental health professionals.--
165     (3)  CERTIFICATION REQUIRED.--No person shall perform
166environmental health or sanitary evaluations in any primary
167program area of environmental health without being certified by
168the department as competent to perform such evaluations. The
169requirements of this section shall not be mandatory for persons
170performing inspections of public food service establishments
171licensed under chapter 509 or for persons who have successfully
172completed a department-approved soil morphology course and who
173are working under the direct, responsible charge of an engineer
174licensed under chapter 471. Persons working under the direct,
175responsible charge of an engineer licensed under chapter 471
176shall receive a minimum of six continuing education units of
177department-approved training in soil morphology every 2 years.
178     Section 4.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.