HB 727

1
A bill to be entitled
2An act relating to onsite sewage treatment and disposal
3systems; amending s. 381.0065, F.S.; requiring owners of
4onsite sewage treatment and disposal systems to have such
5systems periodically inspected; providing an exception;
6directing the Department of Health to administer an onsite
7sewage treatment and disposal system inspection program;
8requiring the department to adopt rules implementing
9program standards, procedures, and requirements; requiring
10system owners to pay the costs of required inspections and
11pump-outs; requiring inspections and pump-outs to be
12performed by registered septic tank or master septic tank
13contractors; providing notice requirements; providing
14definitions; creating s. 381.00656, F.S.; requiring the
15department to administer a grant program to assist owners
16in the repair of specified onsite sewage treatment and
17disposal systems; providing eligibility and program
18requirements; authorizing the department to prioritize
19applications; requiring the department to adopt rules;
20requiring the department to seek to award grants in each
21fiscal year to the extent of funds available and to carry
22forward excess funds; amending s. 381.0066, F.S.; revising
23the fees for application review, permit issuance, or
24system inspection of onsite sewage treatment and disposal
25systems; establishing fees for the filing of onsite sewage
26treatment and disposal system inspection reports;
27providing for deposit and use of the fees collected;
28amending s. 489.557, F.S.; revising the fees for septic
29tank contractor and master septic tank contractor
30registrations; providing for deposit and use of the fees
31collected; providing an effective date.
32
33Be It Enacted by the Legislature of the State of Florida:
34
35     Section 1.  Subsection (5) of section 381.0065, Florida
36Statutes, is redesignated as subsection (6), and a new
37subsection (5) is added to that section to read:
38     381.0065  Onsite sewage treatment and disposal systems;
39regulation.-
40     (5)  PERIODIC INSPECTIONS.--
41     (a)  Effective July 1, 2013, the owner of an onsite sewage
42treatment and disposal system, excluding a system that is
43required to obtain an operating permit, shall have the system
44inspected at least once every 5 years to assess the fundamental
45operational condition of the system, prolong the life of the
46system, and identify any failure within the system. The
47department shall administer an onsite sewage treatment and
48disposal system inspection program for that purpose and shall
49adopt rules implementing the program standards, procedures, and
50requirements, including, but not limited to, a schedule for a 5-
51year inspection cycle; a county-by-county implementation plan
52phased in over a 10-year period with first priority given to
53those areas within a springshed protection area identified by
54the Department of Environmental Protection; minimum standards
55for a functioning system; requirements for the pump-out or
56repair of a failing system; and enforcement procedures for
57failure of a system owner to obtain an inspection of the system
58and failure of a contractor to timely report inspection results
59to the department and the system owner.
60     (b)  The department's Procedure for Voluntary Inspection
61and Assessment of Existing Systems shall be applied to
62inspections under this subsection, except as otherwise provided.
63All inspection procedures used by an inspector must be
64documented and nothing in this subsection limits the amount of
65detail an inspector may provide at his or her professional
66discretion. The inspection must include a tank inspection, a
67drainfield inspection, and a written assessment of the condition
68of the system, and, if necessary, a disclosure statement
69pursuant to the department's procedure.
70     (c)  If documentation of a tank pump-out or a permitted new
71installation, repair, or modification of the system within the
72previous 3 years is provided, which states the capacity of the
73tank and indicates that the condition of the tank is not a
74sanitary or public health nuisance pursuant to department rule,
75a pump-out of the system is not required.
76     (d)  Owners are responsible for paying the cost of the
77inspection and any required pump-out pursuant to department rule
78and may not request partial inspections or the omission of
79portions of the inspection.
80     (e)  Each inspection or pump-out required under this
81subsection must be performed by a septic tank contractor or
82master septic tank contractor registered under part III of
83chapter 489.
84     (f)  Prior to any inspection deadline, the department must
85provide a minimum of 60 days' notice to owners that their
86systems must be inspected by that deadline. The notice must
87include a provision which states that the purpose of the
88inspection is to assess the fundamental operational condition of
89the system, prolong the life of the system, and identify any
90failure within the system, and not to determine code compliance,
91require a complete upgrade or overhaul of a system to meet
92current code requirements, or demonstrate that the system will
93adequately serve the use to be placed upon it by the current or
94any subsequent owner. The department must include a copy of the
95Procedure for Voluntary Inspection and Assessment of Existing
96Systems and information about the grant program established
97pursuant to s. 381.00656 with the notice.
98     (g)  As used in this subsection:
99     1.  "Failure" or "failing" means a condition that exists
100within an onsite sewage treatment and disposal system that
101prohibits the system from functioning in a sanitary manner and
102results in the discharge of untreated or partially treated
103wastewater onto the surface of the ground or into surface waters
104or groundwaters or results in the failure of building plumbing
105to discharge properly. For the purposes of this subsection, a
106system may not be deemed in failure solely because the system
107does not have the minimum separation distance between the
108drainfield and groundwater table.
109     2.  "Repair" means any replacement of or modification or
110addition to a failing system which is necessary to allow the
111system to function in accordance with its design or is necessary
112to eliminate a public health or pollution hazard, including the
113use of any treatment method that is intended to improve the
114functioning of any part of the system or to prolong or sustain
115the length of time the system functions, excluding:
116     a.  The service or replacement of mechanical or electrical
117parts of an approved onsite sewage treatment and disposal system
118with like kind and quality parts.
119     b.  Any minor structural corrections to a tank or
120distribution box.
121     c.  The use of an authorized additive in indoor building
122plumbing by the system owner.
123     d.  The removal of the contents of any tank or the
124installation of an approved outlet filter device without
125disturbing the drainfield.
126     e.  The replacement of any broken tank lid.
127     f.  The splicing of a drip emitter line, provided the
128emitter is not eliminated.
129     Section 2.  Section 381.00656, Florida Statutes, is created
130to read:
131     381.00656  Grant program for repair of onsite sewage
132treatment and disposal systems.-Effective July 1, 2013, the
133department shall administer a grant program to assist owners of
134failing onsite sewage treatment and disposal systems identified
135pursuant to s. 381.0065 or the rules adopted thereunder. A grant
136under the program may be awarded to an owner only for the
137purpose of repairing a failing system serving a single-family
138residence occupied by an owner with a family income of less than
139or equal to 200 percent of the federal poverty level at the time
140of application. When possible, program grants shall be used to
141install or modify nongravity onsite sewage treatment and
142disposal systems. The department may prioritize applications for
143an award of grant funds based upon the severity of a system's
144failure, its relative environmental impact, the income of the
145family, or any combination thereof. The department shall adopt
146rules establishing the grant application and award process,
147including an application form. The department shall seek to make
148grants in each fiscal year equal to the total amount of grant
149funds available, with any excess funds used for grant awards in
150subsequent fiscal years.
151     Section 3.  Paragraph (a) of subsection (2) of section
152381.0066, Florida Statutes, is amended, and paragraph (m) is
153added to that subsection, to read:
154     381.0066  Onsite sewage treatment and disposal systems;
155fees.-
156     (2)  The minimum fees in the following fee schedule apply
157until changed by rule by the department within the following
158limits:
159     (a)  Application review, permit issuance, or system
160inspection, including repair of a subsurface, mound, filled, or
161other alternative system or permitting of an abandoned system: a
162fee of not less than $25, or more than $125, plus an additional
163$5. The additional $5 collected pursuant to this paragraph shall
164be used to fund the grant program established under s.
165381.00656.
166     (m)  Filing an inspection report under s. 381.0065(5): a
167fee of not less than $75, or more than $150. Twenty-five percent
168of the fee collected pursuant to this paragraph shall be used to
169fund the grant program established under s. 381.00656.
170
171The funds collected pursuant to this subsection must be
172deposited in a trust fund administered by the department, to be
173used for the purposes stated in this section and ss. 381.0065
174and 381.00655.
175     Section 4.  Paragraphs (a) and (b) of subsection (1) of
176section 489.557, Florida Statutes, are amended to read:
177     489.557  Fees, establishment.-
178     (1)  The department shall, by rule, establish fees as
179follows:
180     (a)  For septic tank contractor registration:
181     1.  Application and examination fee: not less than $25 or
182more than $75.
183     2.  Initial registration fee: not less than $50 or more
184than $100, plus an additional $50. The additional $50 collected
185pursuant to this subparagraph shall be used to fund the grant
186program established under s. 381.00656.
187     3.  Renewal of registration fee: not less than $50 or more
188than $100, plus an additional $50. The additional $50 collected
189pursuant to this subparagraph shall be used to fund the grant
190program established under s. 381.00656.
191     (b)  For master septic tank contractor registration:
192     1.  Application and examination fee: not less than $25 or
193more than $75.
194     2.  Initial registration fee: not less than $50 or more
195than $100, plus an additional $50. The additional $50 collected
196pursuant to this subparagraph shall be used to fund the grant
197program established under s. 381.00656.
198     3.  Renewal of registration fee: not less than $50 or more
199than $100, plus an additional $50. The additional $50 collected
200pursuant to this subparagraph shall be used to fund the grant
201program established under s. 381.00656.
202     Section 5.  This act shall take effect July 1, 2010.


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