HB 61C

1	A bill to be entitled
2	An act relating to onsite sewage treatment and disposal
3	systems; amending s. 381.0065, F.S.; revising legislative
4	intent; eliminating provisions directing the Department of
5	Health to create and administer a statewide septic tank
6	evaluation program; eliminating procedures and criteria
7	for the evaluation program; repealing s. 381.00656, F.S.,
8	to terminate the grant program for repair of onsite sewage
9	treatment disposal systems identified pursuant to the
10	evaluation program, to conform; amending s. 381.0066,
11	F.S.; eliminating provisions authorizing the department to
12	collect an evaluation report fee; eliminating provisions
13	relating to disposition of fee proceeds and a revenue-
14	neutral fee schedule; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Subsections (1), (5), (6), and (7) of section
19	381.0065, Florida Statutes, as amended by chapter 2010-205, Laws
20	of Florida, are amended to read:
21	381.0065  Onsite sewage treatment and disposal systems;
22	regulation.-
23	(1)  LEGISLATIVE INTENT.-
24	(a)  It is the intent of the Legislature that proper
25	management of onsite sewage treatment and disposal systems is
26	paramount to the health, safety, and welfare of the public. It
27	is further the intent of the Legislature that the department
28	shall administer an evaluation program to ensure the operational
29	condition of the system and identify any failure with the
30	system.
31	(b)  It is the intent of the Legislature that where a
32	publicly owned or investor-owned sewerage system is not
33	available, the department shall issue permits for the
34	construction, installation, modification, abandonment, or repair
35	of onsite sewage treatment and disposal systems under conditions
36	as described in this section and rules adopted under this
37	section. It is further the intent of the Legislature that the
38	installation and use of onsite sewage treatment and disposal
39	systems not adversely affect the public health or significantly
40	degrade the groundwater or surface water.
41	(5)  EVALUATION AND ASSESSMENT.-
42	(a)  Beginning January 1, 2011, the department shall
43	administer an onsite sewage treatment and disposal system
44	evaluation program for the purpose of assessing the fundamental
45	operational condition of systems and identifying any failures
46	within the systems. The department shall adopt rules
47	implementing the program standards, procedures, and
48	requirements, including, but not limited to, a schedule for a 5-
49	year evaluation cycle, requirements for the pump-out of a system
50	or repair of a failing system, enforcement procedures for
51	failure of a system owner to obtain an evaluation of the system,
52	and failure of a contractor to timely submit evaluation results
53	to the department and the system owner. The department shall
54	ensure statewide implementation of the evaluation and assessment
55	program by January 1, 2016.
56	(b)  Owners of an onsite sewage treatment and disposal
57	system, excluding a system that is required to obtain an
58	operating permit, shall have the system evaluated at least once
59	every 5 years to assess the fundamental operational condition of
60	the system, and identify any failure within the system.
61	(c)  All evaluation procedures must be documented and
62	nothing in this subsection limits the amount of detail an
63	evaluator may provide at his or her professional discretion. The
64	evaluation must include a tank and drainfield evaluation, a
65	written assessment of the condition of the system, and, if
66	necessary, a disclosure statement pursuant to the department's
67	procedure.
68	(d)1.  Systems being evaluated that were installed prior to
69	January 1, 1983, shall meet a minimum 6-inch separation from the
70	bottom of the drainfield to the wettest season water table
71	elevation as defined by department rule. All drainfield repairs,
72	replacements or modifications to systems installed prior to
73	January 1, 1983, shall meet a minimum 12-inch separation from
74	the bottom of the drainfield to the wettest season water table
75	elevation as defined by department rule.
76	2.  Systems being evaluated that were installed on or after
77	January 1, 1983, shall meet a minimum 12-inch separation from
78	the bottom of the drainfield to the wettest season water table
79	elevation as defined by department rule. All drainfield repairs,
80	replacements or modification to systems developed on or after
81	January 1, 1983, shall meet a minimum 24-inch separation from
82	the bottom of the drainfield to the wettest season water table
83	elevation.
84	(e)  If documentation of a tank pump-out or a permitted new
85	installation, repair, or modification of the system within the
86	previous 5 years is provided, and states the capacity of the
87	tank and indicates that the condition of the tank is not a
88	sanitary or public health nuisance pursuant to department rule,
89	a pump-out of the system is not required.
90	(f)  Owners are responsible for paying the cost of any
91	required pump-out, repair, or replacement pursuant to department
92	rule, and may not request partial evaluation or the omission of
93	portions of the evaluation.
94	(g)  Each evaluation or pump-out required under this
95	subsection must be performed by a septic tank contractor or
96	master septic tank contractor registered under part III of
97	chapter 489, a professional engineer with wastewater treatment
98	system experience licensed pursuant to chapter 471, or an
99	environmental health professional certified under chapter 381 in
100	the area of onsite sewage treatment and disposal system
101	evaluation.
102	(h)  The evaluation report fee collected pursuant to s.
103	381.0066(2)(b) shall be remitted to the department by the
104	evaluator at the time the report is submitted.
105	(i)  Prior to any evaluation deadline, the department must
106	provide a minimum of 60 days' notice to owners that their
107	systems must be evaluated by that deadline. The department may
108	include a copy of any homeowner educational materials developed
109	pursuant to this section which provides information on the
110	proper maintenance of onsite sewage treatment and disposal
111	systems.
112	(5)(6)  ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.-
113	(a)  Department personnel who have reason to believe
114	noncompliance exists, may at any reasonable time, enter the
115	premises permitted under ss. 381.0065-381.0066, or the business
116	premises of any septic tank contractor or master septic tank
117	contractor registered under part III of chapter 489, or any
118	premises that the department has reason to believe is being
119	operated or maintained not in compliance, to determine
120	compliance with the provisions of this section, part I of
121	chapter 386, or part III of chapter 489 or rules or standards
122	adopted under ss. 381.0065-381.0067, part I of chapter 386, or
123	part III of chapter 489. As used in this paragraph, the term
124	"premises" does not include a residence or private building. To
125	gain entry to a residence or private building, the department
126	must obtain permission from the owner or occupant or secure an
127	inspection warrant from a court of competent jurisdiction.
128	(b)1.  The department may issue citations that may contain
129	an order of correction or an order to pay a fine, or both, for
130	violations of ss. 381.0065-381.0067, part I of chapter 386, or
131	part III of chapter 489 or the rules adopted by the department,
132	when a violation of these sections or rules is enforceable by an
133	administrative or civil remedy, or when a violation of these
134	sections or rules is a misdemeanor of the second degree. A
135	citation issued under ss. 381.0065-381.0067, part I of chapter
136	386, or part III of chapter 489 constitutes a notice of proposed
137	agency action.
138	2.  A citation must be in writing and must describe the
139	particular nature of the violation, including specific reference
140	to the provisions of law or rule allegedly violated.
141	3.  The fines imposed by a citation issued by the
142	department may not exceed $500 for each violation. Each day the
143	violation exists constitutes a separate violation for which a
144	citation may be issued.
145	4.  The department shall inform the recipient, by written
146	notice pursuant to ss. 120.569 and 120.57, of the right to an
147	administrative hearing to contest the citation within 21 days
148	after the date the citation is received. The citation must
149	contain a conspicuous statement that if the recipient fails to
150	pay the fine within the time allowed, or fails to appear to
151	contest the citation after having requested a hearing, the
152	recipient has waived the recipient's right to contest the
153	citation and must pay an amount up to the maximum fine.
154	5.  The department may reduce or waive the fine imposed by
155	the citation. In determining whether to reduce or waive the
156	fine, the department must consider the gravity of the violation,
157	the person's attempts at correcting the violation, and the
158	person's history of previous violations including violations for
159	which enforcement actions were taken under ss. 381.0065-
160	381.0067, part I of chapter 386, part III of chapter 489, or
161	other provisions of law or rule.
162	6.  Any person who willfully refuses to sign and accept a
163	citation issued by the department commits a misdemeanor of the
164	second degree, punishable as provided in s. 775.082 or s.
165	775.083.
166	7.  The department, pursuant to ss. 381.0065-381.0067, part
167	I of chapter 386, or part III of chapter 489, shall deposit any
168	fines it collects in the county health department trust fund for
169	use in providing services specified in those sections.
170	8.  This section provides an alternative means of enforcing
171	ss. 381.0065-381.0067, part I of chapter 386, and part III of
172	chapter 489. This section does not prohibit the department from
173	enforcing ss. 381.0065-381.0067, part I of chapter 386, or part
174	III of chapter 489, or its rules, by any other means. However,
175	the department must elect to use only a single method of
176	enforcement for each violation.
177	(6)(7)  LAND APPLICATION OF SEPTAGE PROHIBITED.-Effective
178	January 1, 2016, the land application of septage from onsite
179	sewage treatment and disposal systems is prohibited. By February
180	1, 2011, the department, in consultation with the Department of
181	Environmental Protection, shall provide a report to the
182	Governor, the President of the Senate, and the Speaker of the
183	House of Representatives, recommending alternative methods to
184	establish enhanced treatment levels for the land application of
185	septage from onsite sewage and disposal systems. The report
186	shall include, but is not limited to, a schedule for the
187	reduction in land application, appropriate treatment levels,
188	alternative methods for treatment and disposal, enhanced
189	application site permitting requirements including any
190	requirements for nutrient management plans, and the range of
191	costs to local governments, affected businesses and individuals
192	for alternative treatment and disposal methods. The report shall
193	also include any recommendations for legislation or rule
194	authority needed to reduce land application of septage.
195	Section 2.  Section 381.00656, Florida Statutes, as created
196	by chapter 2010-205, Laws of Florida, is repealed:
197	381.00656  Grant program for repair of onsite sewage
198	treatment disposal systems.-Effective January 1, 2012, the
199	department shall administer a grant program to assist owners of
200	onsite sewage treatment and disposal systems identified pursuant
201	to s. 381.0065 or the rules adopted thereunder. A grant under
202	the program may be awarded to an owner only for the purpose of
203	inspecting, pumping, repairing, or replacing a system serving a
204	single-family residence occupied by an owner with a family
205	income of less than or equal to 133 percent of the federal
206	poverty level at the time of application. The department may
207	prioritize applications for an award of grant funds based upon
208	the severity of a system's failure, its relative environmental
209	impact, the income of the family, or any combination thereof.
210	The department shall adopt rules establishing the grant
211	application and award process, including an application form.
212	The department shall seek to make grants in each fiscal year
213	equal to the total amount of grant funds available, with any
214	excess funds used for grant awards in subsequent fiscal years.
215	Section 3.  Subsection (2) of section 381.0066, Florida
216	Statutes, as amended by chapter 2010-205, Laws of Florida, is
217	amended to read:
218	381.0066  Onsite sewage treatment and disposal systems;
219	fees.-
220	(2)  The minimum fees in the following fee schedule apply
221	until changed by rule by the department within the following
222	limits:
223	(a)  Application review, permit issuance, or system
224	inspection, including repair of a subsurface, mound, filled, or
225	other alternative system or permitting of an abandoned system: a
226	fee of not less than $25, or more than $125.
227	(b)  A 5-year evaluation report submitted pursuant to s.
228	381.0065(5): a fee not less than $15, or more than $30. At least
229	$1 and no more than $5 collected pursuant to this paragraph
230	shall be used to fund a grant program established under s.
231	381.00656.
232	(b)(c)  Site evaluation, site reevaluation, evaluation of a
233	system previously in use, or a per annum septage disposal site
234	evaluation: a fee of not less than $40, or more than $115.
235	(c)(d)  Biennial Operating permit for aerobic treatment
236	units or performance-based treatment systems: a fee of not more
237	than $100.
238	(d)(e)  Annual operating permit for systems located in
239	areas zoned for industrial manufacturing or equivalent uses or
240	where the system is expected to receive wastewater which is not
241	domestic in nature: a fee of not less than $150, or more than
242	$300.
243	(e)(f)  Innovative technology: a fee not to exceed $25,000.
244	(f)(g)  Septage disposal service, septage stabilization
245	facility, portable or temporary toilet service, tank
246	manufacturer inspection: a fee of not less than $25, or more
247	than $200, per year.
248	(g)(h)  Application for variance: a fee of not less than
249	$150, or more than $300.
250	(h)(i)  Annual operating permit for waterless,
251	incinerating, or organic waste composting toilets: a fee of not
252	less than $50, or more than $150.
253	(i)(j)  Aerobic treatment unit or performance-based
254	treatment system maintenance entity permit: a fee of not less
255	than $25, or more than $150, per year.
256	(j)(k)  Reinspection fee per visit for site inspection
257	after system construction approval or for noncompliant system
258	installation per site visit: a fee of not less than $25, or more
259	than $100.
260	(k)(l)  Research: An additional $5 fee shall be added to
261	each new system construction permit issued to be used to fund
262	onsite sewage treatment and disposal system research,
263	demonstration, and training projects. Five dollars from any
264	repair permit fee collected under this section shall be used for
265	funding the hands-on training centers described in s.
266	381.0065(3)(j).
267	(l)(m)  Annual operating permit, including annual
268	inspection and any required sampling and laboratory analysis of
269	effluent, for an engineer-designed performance-based system: a
270	fee of not less than $150, or more than $300.
271
272	On or before January 1, 2011, the Surgeon General, after
273	consultation with the Revenue Estimating Conference, shall
274	determine a revenue neutral fee schedule for services provided
275	pursuant to s. 381.0065(5) within the parameters set in
276	paragraph (b). Such determination is not subject to the
277	provisions of chapter 120. The funds collected pursuant to this
278	subsection must be deposited in a trust fund administered by the
279	department, to be used for the purposes stated in this section
280	and ss. 381.0065 and 381.00655.
281	Section 4.  This act shall take effect upon becoming a law.

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