Florida Senate - 2011                                     SB 130
       
       
       
       By Senator Dean
       
       
       
       
       3-00188-11                                             2011130__
    1                        A bill to be entitled                      
    2         An act relating to onsite sewage treatment and
    3         disposal systems; amending s. 381.0065, F.S.; revising
    4         legislative intent; eliminating provisions directing
    5         the Department of Health to create and administer a
    6         statewide septic tank evaluation program; eliminating
    7         procedures and criteria for the evaluation program;
    8         repealing s. 381.00656, F.S., to terminate the grant
    9         program for repair of onsite sewage treatment disposal
   10         systems identified pursuant to the evaluation program,
   11         to conform; amending s. 381.0066, F.S.; eliminating
   12         provisions authorizing the department to collect an
   13         evaluation report fee; eliminating provisions relating
   14         to disposition of fee proceeds and a revenue-neutral
   15         fee schedule; providing an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Subsections (1), (5), (6), and (7) of section
   20  381.0065, Florida Statutes, 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 department
  142  may not exceed $500 for each violation. Each day the violation
  143  exists constitutes a separate violation for which a citation may
  144  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, is
  196  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, is amended to read:
  217         381.0066 Onsite sewage treatment and disposal systems;
  218  fees.—
  219         (2) The minimum fees in the following fee schedule apply
  220  until changed by rule by the department within the following
  221  limits:
  222         (a) Application review, permit issuance, or system
  223  inspection, including repair of a subsurface, mound, filled, or
  224  other alternative system or permitting of an abandoned system: a
  225  fee of not less than $25, or more than $125.
  226         (b) A 5-year evaluation report submitted pursuant to s.
  227  381.0065(5): a fee not less than $15, or more than $30. At least
  228  $1 and no more than $5 collected pursuant to this paragraph
  229  shall be used to fund a grant program established under s.
  230  381.00656.
  231         (b)(c) Site evaluation, site reevaluation, evaluation of a
  232  system previously in use, or a per annum septage disposal site
  233  evaluation: a fee of not less than $40, or more than $115.
  234         (c)(d) Biennial Operating permit for aerobic treatment
  235  units or performance-based treatment systems: a fee of not more
  236  than $100.
  237         (d)(e) Annual operating permit for systems located in areas
  238  zoned for industrial manufacturing or equivalent uses or where
  239  the system is expected to receive wastewater which is not
  240  domestic in nature: a fee of not less than $150, or more than
  241  $300.
  242         (e)(f) Innovative technology: a fee not to exceed $25,000.
  243         (f)(g) Septage disposal service, septage stabilization
  244  facility, portable or temporary toilet service, tank
  245  manufacturer inspection: a fee of not less than $25, or more
  246  than $200, per year.
  247         (g)(h) Application for variance: a fee of not less than
  248  $150, or more than $300.
  249         (h)(i) Annual operating permit for waterless, incinerating,
  250  or organic waste composting toilets: a fee of not less than $50,
  251  or more than $150.
  252         (i)(j) Aerobic treatment unit or performance-based
  253  treatment system maintenance entity permit: a fee of not less
  254  than $25, or more than $150, per year.
  255         (j)(k) Reinspection fee per visit for site inspection after
  256  system construction approval or for noncompliant system
  257  installation per site visit: a fee of not less than $25, or more
  258  than $100.
  259         (k)(l) Research: An additional $5 fee shall be added to
  260  each new system construction permit issued to be used to fund
  261  onsite sewage treatment and disposal system research,
  262  demonstration, and training projects. Five dollars from any
  263  repair permit fee collected under this section shall be used for
  264  funding the hands-on training centers described in s.
  265  381.0065(3)(j).
  266         (l)(m) Annual operating permit, including annual inspection
  267  and any required sampling and laboratory analysis of effluent,
  268  for an engineer-designed performance-based system: a fee of not
  269  less than $150, or more than $300.
  270  
  271  On or before January 1, 2011, the Surgeon General, after
  272  consultation with the Revenue Estimating Conference, shall
  273  determine a revenue neutral fee schedule for services provided
  274  pursuant to s. 381.0065(5) within the parameters set in
  275  paragraph (b). Such determination is not subject to the
  276  provisions of chapter 120. The funds collected pursuant to this
  277  subsection must be deposited in a trust fund administered by the
  278  department, to be used for the purposes stated in this section
  279  and ss. 381.0065 and 381.00655.
  280         Section 4. This act shall take effect upon becoming a law.