| 1 | A bill to be entitled |
| 2 | An act relating to onsite sewage treatment and disposal |
| 3 | systems; directing the Department of Health to conduct or |
| 4 | contract for a study to develop and evaluate certain |
| 5 | sewage and disposal systems; specifying requirements for |
| 6 | the study; providing for the review of the study; |
| 7 | requiring interim progress reports and a final report; |
| 8 | requiring the department to provide specified services |
| 9 | related to the study; providing an appropriation; amending |
| 10 | s. 381.0065, F.S.; providing for the periodic inspection |
| 11 | of certain onsite sewage treatment and disposal systems; |
| 12 | directing the Department of Health to adopt rules; |
| 13 | specifying criteria for such rules; creating s. 381.00656, |
| 14 | F.S.; establishing the Wekiva Onsite Sewage Treatment and |
| 15 | Disposal System Compliance Grant Program in the Department |
| 16 | of Health for the purposes of providing grants to low- |
| 17 | income property owners; specifying eligibility and grant |
| 18 | amounts; requiring the department to adopt rules; |
| 19 | directing the department, the Department of Environmental |
| 20 | Protection, and the St. John's River Water Management |
| 21 | District to conduct specified evaluations; providing an |
| 22 | effective date. |
| 23 |
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| 24 | Be It Enacted by the Legislature of the State of Florida: |
| 25 |
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| 26 | Section 1. (1) It is the intent of the Legislature to |
| 27 | continue to research cost-effective methods to reduce nitrogen |
| 28 | levels in Florida's springs and to augment the research |
| 29 | performed in the Wekiva Springs Basin. To that end, the |
| 30 | Department of Health shall conduct or contract with the |
| 31 | Stormwater Management Academy at the University of Central |
| 32 | Florida to conduct a study to develop and evaluate passive |
| 33 | onsite wastewater nitrogen reduction systems, consisting of |
| 34 | technologies and strategies for nitrogen reduction that |
| 35 | complement or can be added to conventional onsite wastewater |
| 36 | treatment systems. The scope of the study and its parameters |
| 37 | shall be consistent with the requirements herein, shall be |
| 38 | approved by the department's research review and advisory |
| 39 | committee and the department's technical review and advisory |
| 40 | panel, and shall include the following: |
| 41 | (a) The identification and evaluation of passive onsite |
| 42 | wastewater nitrogen reduction systems that have a significantly |
| 43 | lower life-cycle cost and higher benefit-to-cost ratio than the |
| 44 | available performance-based treatment systems currently |
| 45 | identified by the department for nitrogen reductions of 70 |
| 46 | percent of effluent less than 10 mg/L. Life-cycle cost shall be |
| 47 | based on total system costs, including installation, operation, |
| 48 | and maintenance costs, while benefit-to-cost ratio shall be |
| 49 | based on the life-cycle cost per unit mass of nitrogen |
| 50 | reduction. |
| 51 | (b) A comprehensive review of passive onsite wastewater |
| 52 | nitrogen reduction system methods, strategies, and costs |
| 53 | reported for passive nitrogen reduction, as well as the field |
| 54 | evaluations of selected systems from appropriate demonstration |
| 55 | sites as determined by the research review and advisory |
| 56 | committee. |
| 57 | (c) The evaluation of technologies, including, but not |
| 58 | limited to, the addition of organic carbon material and other |
| 59 | alternative media through conventional components such as tanks |
| 60 | or drainfields, effluent recirculation, alterations such as the |
| 61 | addition of low-pressure dosing or drip irrigation, various |
| 62 | plant material over the drainfield and other technologies, and |
| 63 | combinations or process configurations as identified by the |
| 64 | department, its contractor, or the review described in paragraph |
| 65 | (b). |
| 66 | (d) A nitrogen reduction performance measurement, |
| 67 | including the analyses of numerous effluent samples from various |
| 68 | process streams for each system evaluated, and a determination |
| 69 | of the mean as well as measures of process variance for each |
| 70 | system. Nitrogen reduction shall be measured in both wet and dry |
| 71 | seasons. |
| 72 | (e) The evaluation of the fate and transport of nitrogen |
| 73 | species from onsite wastewater treatment systems, passive onsite |
| 74 | wastewater nitrogen reduction systems, and performance-based |
| 75 | treatment systems, including a determination of denitrification |
| 76 | rates in unsaturated soil and groundwater below and downgradient |
| 77 | of the systems. Data shall be analyzed to develop credits for |
| 78 | soil and groundwater based treatment. |
| 79 | (f) The documentation and comparison of the costs and the |
| 80 | performance of onsite wastewater treatment systems, passive |
| 81 | onsite wastewater nitrogen reduction systems, and performance- |
| 82 | based treatment systems, including descriptions of installation |
| 83 | requirements, maintenance needs, operational requirements, and |
| 84 | all costs related to the systems. |
| 85 | (2) The research review and advisory committee shall |
| 86 | initially approve the study and shall also oversee performance |
| 87 | of the project. The study shall be periodically peer reviewed by |
| 88 | a five-person technical advisory panel comprised of engineers |
| 89 | and scientists with known expertise in wastewater treatment |
| 90 | process design and performance assessment, including nitrogen |
| 91 | removal processes and the fate and transport of nitrogen in the |
| 92 | environment. The panel shall be comprised of two members |
| 93 | designated by the department, one member designated by the |
| 94 | Florida Onsite Wastewater Association, one member designated by |
| 95 | the Florida Home Builders Association, and one member designated |
| 96 | by the Florida Association of Realtors. |
| 97 | (3) Beginning on February 1, 2009, through February 1, |
| 98 | 2011, interim progress reports approved by the research review |
| 99 | and advisory committee shall be submitted to the Speaker of the |
| 100 | House of Representatives, the President of the Senate, and the |
| 101 | Governor. The study shall be completed by December 1, 2011. A |
| 102 | final report summarizing the study, including options, findings, |
| 103 | and recommendations, shall be approved and presented by the |
| 104 | committee to the Speaker of the House of Representatives, the |
| 105 | President of the Senate, and the Governor within 60 days after |
| 106 | completion of the study. |
| 107 | (4) The Department of Health, at the direction of the |
| 108 | research review and advisory committee, shall provide |
| 109 | administrative support to the committee with respect to the |
| 110 | study, including, but not limited to, the drafting of reports, |
| 111 | the preparation of outlines for the study, and the issuing of |
| 112 | requests for proposal if the study is to be contracted. The |
| 113 | department shall also be responsible for administering and |
| 114 | providing quality control for any contracts approved by the |
| 115 | committee. |
| 116 | (5) For the 2008-2009 fiscal year, the sum of $5 million |
| 117 | in nonrecurring funds is appropriated to the Department of |
| 118 | Health from the Water Protection and Sustainability Program |
| 119 | Trust Fund in the Department of Environmental Protection for the |
| 120 | purposes of conducting the study pursuant to this section. |
| 121 | Section 2. Subsection (5) of section 381.0065, Florida |
| 122 | Statutes, is renumbered as subsection (6), and a new subsection |
| 123 | (5) is added to that section to read: |
| 124 | 381.0065 Onsite sewage treatment and disposal systems; |
| 125 | regulation.-- |
| 126 | (5) PERIODIC INSPECTIONS.--Except for systems that are |
| 127 | required to obtain an operating permit, the owner of any onsite |
| 128 | sewage treatment and disposal system installed prior to 1983 |
| 129 | shall have the system pumped out and inspected pursuant to rules |
| 130 | adopted by the department. In consultation with its technical |
| 131 | review and advisory panel, the department shall adopt rules to |
| 132 | implement the following: |
| 133 | (a) An implementation schedule for inspections on a 5-year |
| 134 | cycle with priority given to spring protection areas, |
| 135 | outstanding Florida waters, and water bodies listed on the |
| 136 | 303(d) list. |
| 137 | (b) The qualifications of inspectors, including conflict |
| 138 | of interest provisions to prevent an inspector from conducting |
| 139 | repairs associated with any deficiencies found. |
| 140 | (c) The timely reporting of inspection results to the |
| 141 | department and the homeowner. |
| 142 | (d) Minimum inspection and pumpout practices necessary to |
| 143 | prolong system function and to identify and correct public |
| 144 | health nuisances. |
| 145 | (e) The repair permitting requirements to correct a |
| 146 | sanitary nuisance pursuant to the requirements of s. 386.03. |
| 147 | Section 3. Section 381.00656, Florida Statutes, is created |
| 148 | to read: |
| 149 | 381.00656 Wekiva Onsite Sewage Treatment and Disposal |
| 150 | System Compliance Grant Program.-- |
| 151 | (1) The Wekiva Onsite Sewage Treatment and Disposal System |
| 152 | Compliance Grant Program is established in the Department of |
| 153 | Health and shall be administered by the department. The purpose |
| 154 | of the program is to provide grants to low-income property |
| 155 | owners in the Wekiva Study Area or the Wekiva River Protection |
| 156 | Area using onsite disposal systems to assist the property owners |
| 157 | in complying with rules for onsite sewage treatment and disposal |
| 158 | systems developed by the department, the Department of |
| 159 | Environmental Protection, or the St. Johns River Water |
| 160 | Management District. The grant program is effective upon final |
| 161 | adoption of department rules and may be applied to costs |
| 162 | incurred by property owners on or after such date. |
| 163 | (2) Any property owner in the Wekiva Study Area or the |
| 164 | Wekiva River Protection Area having an income less than or equal |
| 165 | to 200 percent of the federal poverty level who is required by |
| 166 | rule of the department, the Department of Environmental |
| 167 | Protection, or the St. Johns River Water Management District to |
| 168 | alter, repair, or modify any existing onsite sewage treatment |
| 169 | and disposal system on such property to a nitrogen-reducing, |
| 170 | performance-based treatment system may apply to the department |
| 171 | for a grant to assist the owner with the cost of compliance. |
| 172 | (3) The amount of the grant is limited to the cost |
| 173 | differential between the replacement of a comparable existing |
| 174 | onsite sewage treatment and disposal system and that of an |
| 175 | upgraded nitrogen-reducing, performance-based treatment system, |
| 176 | but may not exceed $10,000 per property. |
| 177 | (4) The department shall adopt rules providing forms, |
| 178 | procedures, and requirements for applying for and disbursing |
| 179 | grants, including bid requirements, and for documenting |
| 180 | compliance costs incurred. |
| 181 | (5) The department, in coordination with the Department of |
| 182 | Environmental Protection and the St. Johns River Water |
| 183 | Management District, shall continue to evaluate, by any means |
| 184 | the department deems appropriate, the level of nitrogen |
| 185 | deposited in the Wekiva Study Area by onsite sewage treatment |
| 186 | and disposal systems. |
| 187 | Section 4. This act shall take effect July 1, 2008. |