Florida Senate - 2010 SB 1738 By Senator Oelrich 14-01556-10 20101738__ 1 A bill to be entitled 2 An act relating to onsite sewage treatment and 3 disposal systems; amending s. 381.0065, F.S.; 4 requiring owners of onsite sewage treatment and 5 disposal systems to have such systems periodically 6 inspected; providing an exception; directing the 7 Department of Health to administer an onsite sewage 8 treatment and disposal system inspection program; 9 requiring the department to adopt rules implementing 10 program standards, procedures, and requirements; 11 requiring system owners to pay the costs of required 12 inspections and pump-outs; requiring inspections and 13 pump-outs to be performed by registered septic tank or 14 master septic tank contractors; providing notice 15 requirements; providing definitions; creating s. 16 381.00656, F.S.; requiring the department to 17 administer a grant program to assist owners in the 18 repair of specified onsite sewage treatment and 19 disposal systems; providing eligibility and program 20 requirements; authorizing the department to prioritize 21 applications; requiring the department to adopt rules; 22 requiring the department to seek to award grants in 23 each fiscal year to the extent of funds available and 24 to carry forward excess funds; amending s. 381.0066, 25 F.S.; revising the fees for application review, permit 26 issuance, or system inspection of onsite sewage 27 treatment and disposal systems; establishing fees for 28 the filing of onsite sewage treatment and disposal 29 system inspection reports; providing for deposit and 30 use of the fees collected; amending s. 489.557, F.S.; 31 revising the fees for septic tank contractor and 32 master septic tank contractor registrations; providing 33 for deposit and use of the fees collected; providing 34 an effective date. 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38 Section 1. Subsection (5) of section 381.0065, Florida 39 Statutes, is redesignated as subsection (6), and a new 40 subsection (5) is added to that section, to read: 41 381.0065 Onsite sewage treatment and disposal systems; 42 regulation.— 43 (5) PERIODIC INSPECTIONS.— 44 (a) Effective July 1, 2013, the owner of an onsite sewage 45 treatment and disposal system, excluding a system that is 46 required to obtain an operating permit, shall have the system 47 inspected at least once every 5 years to assess the fundamental 48 operational condition of the system, prolong the life of the 49 system, and identify any failure within the system. The 50 department shall administer an onsite sewage treatment and 51 disposal system inspection program for that purpose and shall 52 adopt rules implementing the program standards, procedures, and 53 requirements, including, but not limited to, a schedule for a 5 54 year inspection cycle; a county-by-county implementation plan 55 phased in over a 10-year period with first priority given to 56 those areas within a springshed protection area identified by 57 the Department of Environmental Protection; minimum standards 58 for a functioning system; requirements for the pump-out or 59 repair of a failing system; and enforcement procedures for 60 failure of a system owner to obtain an inspection of the system 61 and failure of a contractor to timely report inspection results 62 to the department and the system owner. 63 (b) The department’s Procedure for Voluntary Inspection and 64 Assessment of Existing Systems shall be applied to inspections 65 under this subsection, except as otherwise provided. All 66 inspection procedures used by an inspector must be documented 67 and nothing in this subsection limits the amount of detail an 68 inspector may provide at his or her professional discretion. The 69 inspection must include a tank inspection, a drainfield 70 inspection, and a written assessment of the condition of the 71 system, and, if necessary, a disclosure statement pursuant to 72 the department’s procedure. 73 (c) If documentation of a tank pump-out or a permitted new 74 installation, repair, or modification of the system within the 75 previous 3 years is provided, which states the capacity of the 76 tank and indicates that the condition of the tank is not a 77 sanitary or public health nuisance pursuant to department rule, 78 a pump-out of the system is not required. 79 (d) Owners are responsible for paying the cost of the 80 inspection and any required pump-out pursuant to department rule 81 and may not request partial inspections or the omission of 82 portions of the inspection. 83 (e) Each inspection or pump-out required under this 84 subsection must be performed by a septic tank contractor or 85 master septic tank contractor registered under part III of 86 chapter 489. 87 (f) Prior to any inspection deadline, the department must 88 provide a minimum of 60 days’ notice to owners that their 89 systems must be inspected by that deadline. The notice must 90 include a provision which states that the purpose of the 91 inspection is to assess the fundamental operational condition of 92 the system, prolong the life of the system, and identify any 93 failure within the system, and not to determine code compliance, 94 require a complete upgrade or overhaul of a system to meet 95 current code requirements, or demonstrate that the system will 96 adequately serve the use to be placed upon it by the current or 97 any subsequent owner. The department must include a copy of the 98 Procedure for Voluntary Inspection and Assessment of Existing 99 Systems and information about the grant program established 100 pursuant to s. 381.00656 with the notice. 101 (g) As used in this subsection: 102 1. “Failure” or “failing” means a condition that exists 103 within an onsite sewage treatment and disposal system that 104 prohibits the system from functioning in a sanitary manner and 105 results in the discharge of untreated or partially treated 106 wastewater onto the surface of the ground or into surface waters 107 or groundwaters or results in the failure of building plumbing 108 to discharge properly. For the purposes of this subsection, a 109 system may not be deemed in failure solely because the system 110 does not have the minimum separation distance between the 111 drainfield and groundwater table. 112 2. “Repair” means any replacement of or modification or 113 addition to a failing system which is necessary to allow the 114 system to function in accordance with its design or is necessary 115 to eliminate a public health or pollution hazard, including the 116 use of any treatment method that is intended to improve the 117 functioning of any part of the system or to prolong or sustain 118 the length of time the system functions, excluding: 119 a. The service or replacement of mechanical or electrical 120 parts of an approved onsite sewage treatment and disposal system 121 with like kind and quality parts. 122 b. Any minor structural corrections to a tank or 123 distribution box. 124 c. The use of an authorized additive in indoor building 125 plumbing by the system owner. 126 d. The removal of the contents of any tank or the 127 installation of an approved outlet filter device without 128 disturbing the drainfield. 129 e. The replacement of any broken tank lid. 130 f. The splicing of a drip emitter line, provided the 131 emitter is not eliminated. 132 Section 2. Section 381.00656, Florida Statutes, is created 133 to read: 134 381.00656 Grant program for repair of onsite sewage 135 treatment and disposal systems.—Effective July 1, 2013, the 136 department shall administer a grant program to assist owners of 137 failing onsite sewage treatment and disposal systems identified 138 pursuant to s. 381.0065 or the rules adopted thereunder. A grant 139 under the program may be awarded to an owner only for the 140 purpose of repairing a failing system serving a single-family 141 residence occupied by an owner with a family income of less than 142 or equal to 200 percent of the federal poverty level at the time 143 of application. When possible, program grants shall be used to 144 install or modify nongravity onsite sewage treatment and 145 disposal systems. The department may prioritize applications for 146 an award of grant funds based upon the severity of a system’s 147 failure, its relative environmental impact, the income of the 148 family, or any combination thereof. The department shall adopt 149 rules establishing the grant application and award process, 150 including an application form. The department shall seek to make 151 grants in each fiscal year equal to the total amount of grant 152 funds available, with any excess funds used for grant awards in 153 subsequent fiscal years. 154 Section 3. Paragraph (a) of subsection (2) of section 155 381.0066, Florida Statutes, is amended, and paragraph (m) is 156 added to that subsection, to read: 157 381.0066 Onsite sewage treatment and disposal systems; 158 fees.— 159 (2) The minimum fees in the following fee schedule apply 160 until changed by rule by the department within the following 161 limits: 162 (a) Application review, permit issuance, or system 163 inspection, including repair of a subsurface, mound, filled, or 164 other alternative system or permitting of an abandoned system: a 165 fee of not less than $25, or more than $125, plus an additional 166 $5. The additional $5 collected pursuant to this paragraph shall 167 be used to fund the grant program established under s. 168 381.00656. 169 (m) Filing an inspection report under s. 381.0065(5): a fee 170 of not less than $75, or more than $150. Twenty-five percent of 171 the fee collected pursuant to this paragraph shall be used to 172 fund the grant program established under s. 381.00656. 173 174 The funds collected pursuant to this subsection must be 175 deposited in a trust fund administered by the department, to be 176 used for the purposes stated in this section and ss. 381.0065 177 and 381.00655. 178 Section 4. Paragraphs (a) and (b) of subsection (1) of 179 section 489.557, Florida Statutes, are amended to read: 180 489.557 Fees, establishment.— 181 (1) The department shall, by rule, establish fees as 182 follows: 183 (a) For septic tank contractor registration: 184 1. Application and examination fee: not less than $25 or 185 more than $75. 186 2. Initial registration fee: not less than $50 or more than 187 $100, plus an additional $50. The additional $50 collected 188 pursuant to this subparagraph shall be used to fund the grant 189 program established under s. 381.00656. 190 3. Renewal of registration fee: not less than $50 or more 191 than $100, plus an additional $50. The additional $50 collected 192 pursuant to this subparagraph shall be used to fund the grant 193 program established under s. 381.00656. 194 (b) For master septic tank contractor registration: 195 1. Application and examination fee: not less than $25 or 196 more than $75. 197 2. Initial registration fee: not less than $50 or more than 198 $100, plus an additional $50. The additional $50 collected 199 pursuant to this subparagraph shall be used to fund the grant 200 program established under s. 381.00656. 201 3. Renewal of registration fee: not less than $50 or more 202 than $100, plus an additional $50. The additional $50 collected 203 pursuant to this subparagraph shall be used to fund the grant 204 program established under s. 381.00656. 205 Section 5. This act shall take effect July 1, 2010.