| 1 | A bill to be entitled |
| 2 | An act relating to onsite sewage treatment and disposal |
| 3 | systems; directing the Department of Health to contract |
| 4 | for a study to develop and evaluate certain sewage and |
| 5 | disposal systems; specifying requirements for the study; |
| 6 | providing for periodic review of the study; requiring |
| 7 | interim progress reports and a final report; requiring the |
| 8 | department to provide specified services related to the |
| 9 | study; providing an appropriation; amending s. 381.0065, |
| 10 | F.S.; directing the Department of Health to adopt rules to |
| 11 | establish a program for the periodic inspection of certain |
| 12 | onsite sewage treatment and disposal systems; specifying |
| 13 | program requirements; providing definitions; creating s. |
| 14 | 381.00656, F.S.; establishing the Wekiva Onsite Sewage |
| 15 | Treatment and Disposal System Compliance Grant Program in |
| 16 | the Department of Health for the purpose of providing |
| 17 | grants to low-income property owners contingent upon |
| 18 | specific appropriation; specifying eligibility and grant |
| 19 | amounts; requiring the department to adopt rules; |
| 20 | directing the department, the Department of Environmental |
| 21 | Protection, and the St. John's River Water Management |
| 22 | District to conduct specified evaluations; amending s. |
| 23 | 381.0101, F.S.; specifying an exemption for certain |
| 24 | certification to conduct environmental health and sanitary |
| 25 | evaluations; providing training requirements; providing an |
| 26 | effective date. |
| 27 |
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| 28 | Be It Enacted by the Legislature of the State of Florida: |
| 29 |
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| 30 | Section 1. (1) It is the intent of the Legislature to |
| 31 | continue to research cost-effective methods to reduce nitrogen |
| 32 | levels in Florida's waters and to augment the research performed |
| 33 | exclusively within the Wekiva Springs Area. To that end, the |
| 34 | Department of Health shall contract for a study to develop and |
| 35 | evaluate passive onsite wastewater nitrogen reduction systems, |
| 36 | which shall consist of technologies and strategies for nitrogen |
| 37 | reduction that complement or can be added to conventional onsite |
| 38 | wastewater treatment systems. The contract shall be initiated by |
| 39 | a request for proposal. The scope of the study and its |
| 40 | parameters shall be consistent with the requirements of this |
| 41 | section and shall be approved by the department's research |
| 42 | review and advisory committee. The study shall include the |
| 43 | following: |
| 44 | (a) The identification, evaluation, and comparison of |
| 45 | passive onsite wastewater nitrogen reduction systems that have a |
| 46 | significantly lower life-cycle cost than the available |
| 47 | performance-based treatment systems currently identified by the |
| 48 | department for annual average nitrogen reductions of 70 percent |
| 49 | or annual average effluent of less than 10 mg/L. Life-cycle cost |
| 50 | shall be based on total system costs, including installation, |
| 51 | operation, maintenance, and media replacement costs and shall be |
| 52 | based on the life-cycle cost per unit mass of nitrogen |
| 53 | reduction. |
| 54 | (b) A comprehensive review of passive onsite wastewater |
| 55 | nitrogen reduction system methods, strategies, and costs |
| 56 | reported for passive nitrogen reduction, and the field |
| 57 | evaluations of selected systems at appropriate demonstration |
| 58 | sites as determined by the research review and advisory |
| 59 | committee. |
| 60 | (c) The evaluation of technologies, including, but not |
| 61 | limited to, the addition of organic carbon material and other |
| 62 | alternative media through conventional components such as tanks |
| 63 | or drainfields, effluent recirculation, alterations such as the |
| 64 | addition of low-pressure dosing or drip irrigation, various |
| 65 | plant material over the drainfield and other technologies, and |
| 66 | combinations or process configurations as identified by the |
| 67 | department, its contractor, the research review and advisory |
| 68 | committee, or the review described in paragraph (b). |
| 69 | (d) A nitrogen reduction performance measurement, |
| 70 | including the analyses of numerous influent and effluent samples |
| 71 | from various process locations within each system tested in the |
| 72 | field and a determination of the mean and measures of variance |
| 73 | for each process and system tested. |
| 74 | (e) The evaluation and comparison of the fate and |
| 75 | transport of nitrogen species from conventional onsite |
| 76 | wastewater treatment systems, passive onsite wastewater nitrogen |
| 77 | reduction systems, and performance-based treatment systems, |
| 78 | including an estimate of denitrification rates in unsaturated |
| 79 | soil and in groundwater below and downgradient of the systems. |
| 80 | Data shall be analyzed and reported which considers nitrogen |
| 81 | reduction and uptake provided by soils and the shallow |
| 82 | groundwater below and downgradient of the various systems |
| 83 | tested, especially in areas where nitrogen is of particular |
| 84 | concern. From this data a simple model for predicting nitrogen |
| 85 | fate and transport from onsite wastewater systems shall be |
| 86 | developed. |
| 87 | (f) The documentation and comparison of the costs and the |
| 88 | performance of conventional onsite wastewater treatment systems, |
| 89 | passive onsite wastewater nitrogen reduction systems, and |
| 90 | performance-based treatment systems, including descriptions and |
| 91 | comparisons of installation requirements, maintenance needs, |
| 92 | operational requirements, and all costs related to the systems. |
| 93 | (2) The research review and advisory committee shall |
| 94 | initially approve the study, including the request for proposal, |
| 95 | and shall oversee performance of the project. The study shall be |
| 96 | periodically peer reviewed by a five-person panel comprised of |
| 97 | engineers and scientists with known expertise in wastewater |
| 98 | treatment process design and performance assessment, including |
| 99 | nitrogen removal processes and the fate and transport of |
| 100 | nitrogen in the environment. The panel shall be comprised of one |
| 101 | member designated by the Department of Health, one member |
| 102 | designated by the Department of Environmental Protection, one |
| 103 | member designated by the Florida Onsite Wastewater Association, |
| 104 | one member designated by the Florida Home Builders Association, |
| 105 | and one member designated by the Florida Association of |
| 106 | Realtors. The panel shall provide advice to the research review |
| 107 | and advisory committee. |
| 108 | (3) Field study of passive onsite nutrient reduction |
| 109 | systems shall begin no later than January 1, 2009. Beginning on |
| 110 | February 1, 2009, through February 1, 2011, interim progress |
| 111 | reports approved by the research review and advisory committee |
| 112 | shall be submitted to the Speaker of the House of |
| 113 | Representatives, the President of the Senate, and the Governor. |
| 114 | The study shall be completed by December 1, 2011. A final report |
| 115 | summarizing the study, including options, findings, and |
| 116 | recommendations for use of the most cost-effective, user |
| 117 | friendly, and environmentally beneficial alternative passive |
| 118 | technologies for reducing nitrogen shall be approved and |
| 119 | presented by the committee to the Speaker of the House of |
| 120 | Representatives, the President of the Senate, and the Governor |
| 121 | as soon as practicable after completion of the study. |
| 122 | (4) The Department of Health shall provide administrative |
| 123 | support to the committee with respect to the study, including, |
| 124 | but not limited to, the preparation of outlines for the study |
| 125 | and the drafting of reports and the request for proposal. The |
| 126 | department shall also be responsible for administering and |
| 127 | providing quality control for any contracts approved by the |
| 128 | committee. The research review and advisory committee shall have |
| 129 | final decisionmaking authority over the scope and contents of |
| 130 | the request for proposal. |
| 131 | (5) The study shall be performed over the course of three |
| 132 | state budget cycles at a total cost not to exceed $5 million. |
| 133 | For the 2008-2009 fiscal year, the sum of $1.7 million in |
| 134 | nonrecurring funds is appropriated to the Department of Health |
| 135 | from the Water Protection and Sustainability Program Trust Fund |
| 136 | in the Department of Environmental Protection for the purpose of |
| 137 | funding the first budget cycle of the study pursuant to this |
| 138 | section. |
| 139 | Section 2. Subsection (5) of section 381.0065, Florida |
| 140 | Statutes, is renumbered as subsection (6), and a new subsection |
| 141 | (5) is added to that section to read: |
| 142 | 381.0065 Onsite sewage treatment and disposal systems; |
| 143 | regulation.-- |
| 144 | (5) PERIODIC INSPECTIONS.-- |
| 145 | (a) No sooner than August 1, 2009, the department shall |
| 146 | adopt rules pursuant to ss. 120.536(1) and 120.54 to establish |
| 147 | an onsite sewage treatment system inspection program that |
| 148 | focuses on identifying and repairing failing systems by |
| 149 | requiring owners of onsite sewage treatment systems to |
| 150 | periodically have such systems inspected and pumped out. The |
| 151 | program shall include the following requirements: |
| 152 | 1. Onsite sewage treatment and disposal systems, except |
| 153 | those systems that are required to obtain an operating permit, |
| 154 | shall be subject to a 5-year cycle for periodic inspections and |
| 155 | pump-outs. The schedule shall include a county-by-county |
| 156 | implementation plan phased in over a 10-year period and shall |
| 157 | give first priority to those areas within an identified |
| 158 | springshed protection area, as defined by the Department of |
| 159 | Environmental Protection. |
| 160 | 2. The department's procedure for voluntary inspection and |
| 161 | assessment of existing systems shall be applied to inspections |
| 162 | required under this subsection, except as otherwise provided. |
| 163 | The procedure shall not allow owners to request partial |
| 164 | inspections or request the omission of portions of the |
| 165 | inspection. All inspection procedures used by an inspector shall |
| 166 | be documented, and nothing in this subsection shall be construed |
| 167 | to limit the amount of detail an inspector may provide at his or |
| 168 | her professional discretion. The inspection shall include a tank |
| 169 | inspection, a drainfield inspection, a written assessment of the |
| 170 | condition of the system, and, if necessary, a disclosure |
| 171 | statement pursuant to the department's procedure. When proof of |
| 172 | a tank pumping, permitted new installation, or permitted repair |
| 173 | or permitted modification can be documented within the previous |
| 174 | 3 years, and when the document states the capacity of the tank |
| 175 | and indicates that the condition of the tank does not constitute |
| 176 | a sanitary or public health nuisance, the department and the |
| 177 | inspector shall waive the pumping requirements. Owners shall be |
| 178 | responsible for paying the cost of having the system inspected |
| 179 | and pumped out pursuant to department rule. |
| 180 | 3. Persons allowed to perform work under this subsection |
| 181 | shall be master septic tank contractors, registered septic tank |
| 182 | contractors, state licensed plumbers, and persons certified |
| 183 | under s. 381.0101. A person conducting an inspection is |
| 184 | prohibited from conducting repairs associated with any |
| 185 | deficiencies found during an inspection. |
| 186 | 4. Prior to any inspection, the department shall provide a |
| 187 | minimum 60-day notice to owners that their systems will be |
| 188 | required to be inspected and pumped out. The notice must include |
| 189 | a provision that states that the inspection is designed to |
| 190 | assess the fundamental operational condition of a system at a |
| 191 | particular moment in time to identify failing systems and that |
| 192 | the inspection is not designed to determine precise code |
| 193 | compliance, require a complete upgrade or overhaul of a system |
| 194 | to current code requirements, or provide information to |
| 195 | demonstrate that the system will adequately serve the use to be |
| 196 | placed upon it by the current or any subsequent owner. The |
| 197 | department shall also provide the owner of the system, along |
| 198 | with the notice, a copy of its procedure which delineates the |
| 199 | inspection procedures that will be applied under this |
| 200 | subsection. |
| 201 | (b) For purposes of this subsection: |
| 202 | 1. "Failure" means a condition existing within an onsite |
| 203 | sewage treatment and disposal system prohibiting the system from |
| 204 | functioning in a sanitary manner and resulting in the discharge |
| 205 | of untreated or partially treated wastewater onto ground surface |
| 206 | or into surface water or groundwater, or the failure of building |
| 207 | plumbing to discharge properly. Upgrades shall not be required |
| 208 | for a system that is not deemed to be in failure. This |
| 209 | subparagraph shall not be construed to mean that, upon |
| 210 | inspection, a system is considered to be in failure solely |
| 211 | because the system does not have the minimum separation distance |
| 212 | between the drainfield and groundwater table. |
| 213 | 2. "Repair" means necessary replacement of or |
| 214 | modifications or additions to a failing system to allow the |
| 215 | system to function in accordance with its design or to eliminate |
| 216 | a public health or pollution hazard, including the use of any |
| 217 | treatment method to improve the functioning of any part of the |
| 218 | system or to prolong or sustain the length of time the system |
| 219 | functions. The term does not include service of mechanical or |
| 220 | electrical parts of an approved onsite sewage treatment and |
| 221 | disposal system or replacement of mechanical or electrical parts |
| 222 | with similar parts, minor structural corrections to a tank or |
| 223 | distribution box, use of any allowed additive by the system |
| 224 | owner through the inside building plumbing, removal of the |
| 225 | contents of any tank or the installation of an approved outlet |
| 226 | filter device without disturbing the drainfield, replacement of |
| 227 | a broken lid to any tank, or splicing a drip emitter line |
| 228 | without eliminating an emitter. |
| 229 | Section 3. Section 381.00656, Florida Statutes, is created |
| 230 | to read: |
| 231 | 381.00656 Wekiva Onsite Sewage Treatment and Disposal |
| 232 | System Compliance Grant Program.-- |
| 233 | (1) Subject to specific appropriation, the Wekiva Onsite |
| 234 | Sewage Treatment and Disposal System Compliance Grant Program is |
| 235 | established in the Department of Health and shall be |
| 236 | administered by the department. The purpose of the program is to |
| 237 | provide grants to low-income property owners in the Wekiva Study |
| 238 | Area or the Wekiva River Protection Area using onsite disposal |
| 239 | systems to assist the property owners in complying with rules |
| 240 | for onsite sewage treatment and disposal systems developed by |
| 241 | the department, the Department of Environmental Protection, or |
| 242 | the St. Johns River Water Management District. The grant program |
| 243 | is effective upon final adoption of department rules and may be |
| 244 | applied to costs incurred by property owners on or after such |
| 245 | date. |
| 246 | (2) Any property owner in the Wekiva Study Area or the |
| 247 | Wekiva River Protection Area having an income less than or equal |
| 248 | to 200 percent of the federal poverty level who is required by |
| 249 | rule of the department, the Department of Environmental |
| 250 | Protection, or the St. Johns River Water Management District to |
| 251 | alter, repair, or modify any existing onsite sewage treatment |
| 252 | and disposal system on such property to a nitrogen-reducing, |
| 253 | performance-based treatment system may apply to the department |
| 254 | for a grant to assist the owner with the cost of compliance. |
| 255 | (3) The amount of the grant is limited to the cost |
| 256 | differential between the replacement of a comparable existing |
| 257 | onsite sewage treatment and disposal system and that of an |
| 258 | upgraded nitrogen-reducing, performance-based treatment system, |
| 259 | but may not exceed $10,000 per property. |
| 260 | (4) The department shall adopt rules providing forms, |
| 261 | procedures, and requirements for applying for and disbursing |
| 262 | grants, including bid requirements, and for documenting |
| 263 | compliance costs incurred. |
| 264 | (5) The department, in coordination with the Department of |
| 265 | Environmental Protection and the St. Johns River Water |
| 266 | Management District, shall continue to evaluate, by any means |
| 267 | the department deems appropriate, the level of nitrogen |
| 268 | deposited in the Wekiva Study Area by onsite sewage treatment |
| 269 | and disposal systems. |
| 270 | Section 4. Subsection (3) of section 381.0101, Florida |
| 271 | Statutes, is amended to read: |
| 272 | 381.0101 Environmental health professionals.-- |
| 273 | (3) CERTIFICATION REQUIRED.--No person shall perform |
| 274 | environmental health or sanitary evaluations in any primary |
| 275 | program area of environmental health without being certified by |
| 276 | the department as competent to perform such evaluations. The |
| 277 | requirements of this section shall not be mandatory for persons |
| 278 | performing inspections of public food service establishments |
| 279 | licensed under chapter 509 or for persons working under the |
| 280 | direct, responsible charge of an engineer licensed under chapter |
| 281 | 471 who have successfully completed a soil morphology course |
| 282 | approved by the department. Persons working under the direct, |
| 283 | responsible charge of an engineer licensed under chapter 471 |
| 284 | must receive a minimum of six continuing education units of |
| 285 | department-approved training in soil morphology every 2 years. |
| 286 | Section 5. This act shall take effect July 1, 2008. |