Florida Senate - 2011 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 1698
Barcode 857888
LEGISLATIVE ACTION
Senate . House
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Senators Evers, Gaetz, Montford, and Lynn moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsections (1), (5), (6), and (7) of section
6 381.0065, Florida Statutes, as amended by chapter 2010-283, Laws
7 of Florida, are amended to read:
8 381.0065 Onsite sewage treatment and disposal systems;
9 regulation.—
10 (1) LEGISLATIVE INTENT.—
11 (a) It is the intent of the Legislature that proper
12 management of onsite sewage treatment and disposal systems is
13 paramount to the health, safety, and welfare of the public. It
14 is further the intent of the Legislature that the department
15 shall administer an evaluation program to ensure the operational
16 condition of the system and identify any failure with the
17 system.
18 (b) It is the intent of the Legislature that where a
19 publicly owned or investor-owned sewerage system is not
20 available, the department shall issue permits for the
21 construction, installation, modification, abandonment, or repair
22 of onsite sewage treatment and disposal systems under conditions
23 as described in this section and rules adopted under this
24 section. It is further the intent of the Legislature that the
25 installation and use of onsite sewage treatment and disposal
26 systems not adversely affect the public health or significantly
27 degrade the groundwater or surface water.
28 (5) EVALUATION AND ASSESSMENT.—
29 (a) Beginning July 1, 2011, the department shall administer
30 an onsite sewage treatment and disposal system evaluation
31 program for the purpose of assessing the fundamental operational
32 condition of systems and identifying any failures within the
33 systems. The department shall adopt rules implementing the
34 program standards, procedures, and requirements, including, but
35 not limited to, a schedule for a 5-year evaluation cycle,
36 requirements for the pump-out of a system or repair of a failing
37 system, enforcement procedures for failure of a system owner to
38 obtain an evaluation of the system, and failure of a contractor
39 to timely submit evaluation results to the department and the
40 system owner. The department shall ensure statewide
41 implementation of the evaluation and assessment program by
42 January 1, 2016.
43 (b) Owners of an onsite sewage treatment and disposal
44 system, excluding a system that is required to obtain an
45 operating permit, shall have the system evaluated at least once
46 every 5 years to assess the fundamental operational condition of
47 the system, and identify any failure within the system.
48 (c) All evaluation procedures must be documented and
49 nothing in this subsection limits the amount of detail an
50 evaluator may provide at his or her professional discretion. The
51 evaluation must include a tank and drainfield evaluation, a
52 written assessment of the condition of the system, and, if
53 necessary, a disclosure statement pursuant to the department’s
54 procedure.
55 (d)1. Systems being evaluated that were installed prior to
56 January 1, 1983, shall meet a minimum 6-inch separation from the
57 bottom of the drainfield to the wettest season water table
58 elevation as defined by department rule. All drainfield repairs,
59 replacements or modifications to systems installed prior to
60 January 1, 1983, shall meet a minimum 12-inch separation from
61 the bottom of the drainfield to the wettest season water table
62 elevation as defined by department rule.
63 2. Systems being evaluated that were installed on or after
64 January 1, 1983, shall meet a minimum 12-inch separation from
65 the bottom of the drainfield to the wettest season water table
66 elevation as defined by department rule. All drainfield repairs,
67 replacements or modification to systems developed on or after
68 January 1, 1983, shall meet a minimum 24-inch separation from
69 the bottom of the drainfield to the wettest season water table
70 elevation.
71 (e) If documentation of a tank pump-out or a permitted new
72 installation, repair, or modification of the system within the
73 previous 5 years is provided, and states the capacity of the
74 tank and indicates that the condition of the tank is not a
75 sanitary or public health nuisance pursuant to department rule,
76 a pump-out of the system is not required.
77 (f) Owners are responsible for paying the cost of any
78 required pump-out, repair, or replacement pursuant to department
79 rule, and may not request partial evaluation or the omission of
80 portions of the evaluation.
81 (g) Each evaluation or pump-out required under this
82 subsection must be performed by a septic tank contractor or
83 master septic tank contractor registered under part III of
84 chapter 489, a professional engineer with wastewater treatment
85 system experience licensed pursuant to chapter 471, or an
86 environmental health professional certified under chapter 381 in
87 the area of onsite sewage treatment and disposal system
88 evaluation.
89 (h) The evaluation report fee collected pursuant to s.
90 381.0066(2)(b) shall be remitted to the department by the
91 evaluator at the time the report is submitted.
92 (i) Prior to any evaluation deadline, the department must
93 provide a minimum of 60 days’ notice to owners that their
94 systems must be evaluated by that deadline. The department may
95 include a copy of any homeowner educational materials developed
96 pursuant to this section which provides information on the
97 proper maintenance of onsite sewage treatment and disposal
98 systems.
99 (5)(6) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.—
100 (a) Department personnel who have reason to believe
101 noncompliance exists, may at any reasonable time, enter the
102 premises permitted under ss. 381.0065-381.0066, or the business
103 premises of any septic tank contractor or master septic tank
104 contractor registered under part III of chapter 489, or any
105 premises that the department has reason to believe is being
106 operated or maintained not in compliance, to determine
107 compliance with the provisions of this section, part I of
108 chapter 386, or part III of chapter 489 or rules or standards
109 adopted under ss. 381.0065-381.0067, part I of chapter 386, or
110 part III of chapter 489. As used in this paragraph, the term
111 “premises” does not include a residence or private building. To
112 gain entry to a residence or private building, the department
113 must obtain permission from the owner or occupant or secure an
114 inspection warrant from a court of competent jurisdiction.
115 (b)1. The department may issue citations that may contain
116 an order of correction or an order to pay a fine, or both, for
117 violations of ss. 381.0065-381.0067, part I of chapter 386, or
118 part III of chapter 489 or the rules adopted by the department,
119 when a violation of these sections or rules is enforceable by an
120 administrative or civil remedy, or when a violation of these
121 sections or rules is a misdemeanor of the second degree. A
122 citation issued under ss. 381.0065-381.0067, part I of chapter
123 386, or part III of chapter 489 constitutes a notice of proposed
124 agency action.
125 2. A citation must be in writing and must describe the
126 particular nature of the violation, including specific reference
127 to the provisions of law or rule allegedly violated.
128 3. The fines imposed by a citation issued by the department
129 may not exceed $500 for each violation. Each day the violation
130 exists constitutes a separate violation for which a citation may
131 be issued.
132 4. The department shall inform the recipient, by written
133 notice pursuant to ss. 120.569 and 120.57, of the right to an
134 administrative hearing to contest the citation within 21 days
135 after the date the citation is received. The citation must
136 contain a conspicuous statement that if the recipient fails to
137 pay the fine within the time allowed, or fails to appear to
138 contest the citation after having requested a hearing, the
139 recipient has waived the recipient’s right to contest the
140 citation and must pay an amount up to the maximum fine.
141 5. The department may reduce or waive the fine imposed by
142 the citation. In determining whether to reduce or waive the
143 fine, the department must consider the gravity of the violation,
144 the person’s attempts at correcting the violation, and the
145 person’s history of previous violations including violations for
146 which enforcement actions were taken under ss. 381.0065
147 381.0067, part I of chapter 386, part III of chapter 489, or
148 other provisions of law or rule.
149 6. Any person who willfully refuses to sign and accept a
150 citation issued by the department commits a misdemeanor of the
151 second degree, punishable as provided in s. 775.082 or s.
152 775.083.
153 7. The department, pursuant to ss. 381.0065-381.0067, part
154 I of chapter 386, or part III of chapter 489, shall deposit any
155 fines it collects in the county health department trust fund for
156 use in providing services specified in those sections.
157 8. This section provides an alternative means of enforcing
158 ss. 381.0065-381.0067, part I of chapter 386, and part III of
159 chapter 489. This section does not prohibit the department from
160 enforcing ss. 381.0065-381.0067, part I of chapter 386, or part
161 III of chapter 489, or its rules, by any other means. However,
162 the department must elect to use only a single method of
163 enforcement for each violation.
164 (6)(7) LAND APPLICATION OF SEPTAGE PROHIBITED.—Effective
165 January 1, 2016, the land application of septage from onsite
166 sewage treatment and disposal systems is prohibited. By February
167 1, 2011, the department, in consultation with the Department of
168 Environmental Protection, shall provide a report to the
169 Governor, the President of the Senate, and the Speaker of the
170 House of Representatives, recommending alternative methods to
171 establish enhanced treatment levels for the land application of
172 septage from onsite sewage and disposal systems. The report
173 shall include, but is not limited to, a schedule for the
174 reduction in land application, appropriate treatment levels,
175 alternative methods for treatment and disposal, enhanced
176 application site permitting requirements including any
177 requirements for nutrient management plans, and the range of
178 costs to local governments, affected businesses, and individuals
179 for alternative treatment and disposal methods. The report shall
180 also include any recommendations for legislation or rule
181 authority needed to reduce land application of septage.
182 Section 2. Section 381.00656, Florida Statutes, is
183 repealed:
184 381.00656 Grant program for repair of onsite sewage
185 treatment disposal systems.—Effective January 1, 2012, the
186 department shall administer a grant program to assist owners of
187 onsite sewage treatment and disposal systems identified pursuant
188 to s. 381.0065 or the rules adopted thereunder. A grant under
189 the program may be awarded to an owner only for the purpose of
190 inspecting, pumping, repairing, or replacing a system serving a
191 single-family residence occupied by an owner with a family
192 income of less than or equal to 133 percent of the federal
193 poverty level at the time of application. The department may
194 prioritize applications for an award of grant funds based upon
195 the severity of a system’s failure, its relative environmental
196 impact, the income of the family, or any combination thereof.
197 The department shall adopt rules establishing the grant
198 application and award process, including an application form.
199 The department shall seek to make grants in each fiscal year
200 equal to the total amount of grant funds available, with any
201 excess funds used for grant awards in subsequent fiscal years.
202 Section 3. Subsection (2) of section 381.0066, Florida
203 Statutes, is amended to read:
204 381.0066 Onsite sewage treatment and disposal systems;
205 fees.—
206 (2) The minimum fees in the following fee schedule apply
207 until changed by rule by the department within the following
208 limits:
209 (a) Application review, permit issuance, or system
210 inspection, including repair of a subsurface, mound, filled, or
211 other alternative system or permitting of an abandoned system: a
212 fee of not less than $25, or more than $125.
213 (b) A 5-year evaluation report submitted pursuant to s.
214 381.0065(5): a fee not less than $15, or more than $30. At least
215 $1 and no more than $5 collected pursuant to this paragraph
216 shall be used to fund a grant program established under s.
217 381.00656.
218 (b)(c) Site evaluation, site reevaluation, evaluation of a
219 system previously in use, or a per annum septage disposal site
220 evaluation: a fee of not less than $40, or more than $115.
221 (c)(d) Biennial Operating permit for aerobic treatment
222 units or performance-based treatment systems: a fee of not more
223 than $100.
224 (d)(e) Annual operating permit for systems located in areas
225 zoned for industrial manufacturing or equivalent uses or where
226 the system is expected to receive wastewater which is not
227 domestic in nature: a fee of not less than $150, or more than
228 $300.
229 (e)(f) Innovative technology: a fee not to exceed $25,000.
230 (f)(g) Septage disposal service, septage stabilization
231 facility, portable or temporary toilet service, tank
232 manufacturer inspection: a fee of not less than $25, or more
233 than $200, per year.
234 (g)(h) Application for variance: a fee of not less than
235 $150, or more than $300.
236 (h)(i) Annual operating permit for waterless, incinerating,
237 or organic waste composting toilets: a fee of not less than $50,
238 or more than $150.
239 (i)(j) Aerobic treatment unit or performance-based
240 treatment system maintenance entity permit: a fee of not less
241 than $25, or more than $150, per year.
242 (j)(k) Reinspection fee per visit for site inspection after
243 system construction approval or for noncompliant system
244 installation per site visit: a fee of not less than $25, or more
245 than $100.
246 (k)(l) Research: An additional $5 fee shall be added to
247 each new system construction permit issued to be used to fund
248 onsite sewage treatment and disposal system research,
249 demonstration, and training projects. Five dollars from any
250 repair permit fee collected under this section shall be used for
251 funding the hands-on training centers described in s.
252 381.0065(3)(j).
253 (l)(m) Annual operating permit, including annual inspection
254 and any required sampling and laboratory analysis of effluent,
255 for an engineer-designed performance-based system: a fee of not
256 less than $150, or more than $300.
257
258 On or before January 1, 2011, the Surgeon General, after
259 consultation with the Revenue Estimating Conference, shall
260 determine a revenue neutral fee schedule for services provided
261 pursuant to s. 381.0065(5) within the parameters set in
262 paragraph (b). Such determination is not subject to the
263 provisions of chapter 120. The funds collected pursuant to this
264 subsection must be deposited in a trust fund administered by the
265 department, to be used for the purposes stated in this section
266 and ss. 381.0065 and 381.00655.
267 Section 4. This act shall take effect upon becoming a law.
268
269 ================= T I T L E A M E N D M E N T ================
270 And the title is amended as follows:
271 Delete everything before the enacting clause
272 and insert:
273 A bill to be entitled
274 An act relating to onsite sewage treatment and
275 disposal systems; amending s. 381.0065, F.S.; revising
276 legislative intent; eliminating provisions directing
277 the Department of Health to create and administer a
278 statewide septic tank evaluation program; eliminating
279 procedures and criteria for the evaluation program;
280 repealing s. 381.00656, F.S., to terminate the grant
281 program for repair of onsite sewage treatment disposal
282 systems identified pursuant to the evaluation program,
283 to conform; amending s. 381.0066, F.S.; eliminating
284 provisions authorizing the department to collect an
285 evaluation report fee; eliminating provisions relating
286 to disposition of fee proceeds and a revenue-neutral
287 fee schedule; providing an effective date.