Florida Senate - 2011               CS for CS for CS for SB 1698
       
       
       
       By the Committees on Community Affairs; Environmental
       Preservation and Conservation; and Health Regulation; and
       Senator Dean
       
       
       578-04253-11                                          20111698c3
    1                        A bill to be entitled                      
    2         An act relating to onsite sewage treatment and
    3         disposal systems; amending s. 381.0065, F.S.; deleting
    4         legislative intent; defining the term “bedroom”;
    5         providing for any permit issued and approved by the
    6         Department of Health for the installation,
    7         modification, or repair of an onsite sewage treatment
    8         and disposal system to transfer with the title of the
    9         property; providing circumstances in which an onsite
   10         sewage treatment and disposal system is not considered
   11         abandoned; providing for the validity of an onsite
   12         sewage treatment and disposal system permit if rules
   13         change before final approval of the constructed
   14         system; providing that a system modification,
   15         replacement, or upgrade is not required unless a
   16         bedroom is added to a single-family home; deleting
   17         provisions requiring the Department of Health to
   18         administer an evaluation and assessment program of
   19         onsite sewage treatment and disposal systems and
   20         requiring property owners to have such systems
   21         evaluated at least once every 5 years; creating s.
   22         381.00651, F.S.; requiring a county or municipality to
   23         adopt by ordinance under certain circumstances the
   24         program for the periodic evaluation and assessment of
   25         onsite sewage treatment and disposal systems;
   26         requiring the county or municipality to notify the
   27         Secretary of State of the ordinance; authorizing a
   28         county or municipality, in specified circumstances, to
   29         opt out of certain requirements by a specified date;
   30         prohibiting a county having a first magnitude spring
   31         from opting out of the provisions of the act;
   32         authorizing a county or municipality to adopt or
   33         repeal, after a specified date, an ordinance creating
   34         an evaluation and assessment program; providing
   35         criteria for evaluations, qualified contractors,
   36         repair of systems, exemptions, and notifications;
   37         requiring that certain procedures be used for
   38         conducting tank and drainfield evaluations; providing
   39         for certain procedures in special circumstances;
   40         providing for assessment procedures; requiring the
   41         county or municipality to develop a system for
   42         tracking the evaluations; providing criteria;
   43         requiring counties and municipalities to notify the
   44         Secretary of Environmental Protection that an
   45         evaluation program ordinance is adopted; requiring the
   46         department to notify those counties or municipalities
   47         of the use of, and access to, certain state and
   48         federal program funds; requiring that the department
   49         provide certain guidance and technical assistance to a
   50         county or municipality upon request; repealing s.
   51         381.00656, F.S., relating to a grant program for the
   52         repair of onsite sewage treatment disposal systems;
   53         amending s. 381.0066, F.S.; lowering the fees imposed
   54         by the department for evaluation reports; providing an
   55         effective date.
   56  
   57  Be It Enacted by the Legislature of the State of Florida:
   58  
   59         Section 1. Subsections (1), (5), and (6) of section
   60  381.0065, Florida Statues, as amended by chapter 2010-283, Laws
   61  of Florida, are amended, present paragraphs (b) through (p) of
   62  subsection (2) of that section are redesignated as paragraphs
   63  (c) through (q), respectively, a new paragraph (b) is added to
   64  that subsection, and paragraphs (w), (x), (y), and (z) are added
   65  to subsection (4) of that section, to read:
   66         381.0065 Onsite sewage treatment and disposal systems;
   67  regulation.—
   68         (1) LEGISLATIVE INTENT.—
   69         (a) It is the intent of the Legislature that proper
   70  management of onsite sewage treatment and disposal systems is
   71  paramount to the health, safety, and welfare of the public. It
   72  is further the intent of the Legislature that the department
   73  shall administer an evaluation program to ensure the operational
   74  condition of the system and identify any failure with the
   75  system.
   76         (b) It is the intent of the Legislature that where a
   77  publicly owned or investor-owned sewerage system is not
   78  available, the department shall issue permits for the
   79  construction, installation, modification, abandonment, or repair
   80  of onsite sewage treatment and disposal systems under conditions
   81  as described in this section and rules adopted under this
   82  section. It is further the intent of the Legislature that the
   83  installation and use of onsite sewage treatment and disposal
   84  systems not adversely affect the public health or significantly
   85  degrade the groundwater or surface water.
   86         (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
   87  term:
   88         (b) “Bedroom” means a room that can be used for sleeping
   89  and that, for site-built dwellings, has a minimum 70 square feet
   90  of conditioned space, or, for manufactured homes is constructed
   91  to HUD standards, has a minimum square footage of 50 square feet
   92  of floor area, is located along an exterior wall, has a closet
   93  and a door or an entrance where a door could be reasonably
   94  installed, and has an emergency means of escape and rescue
   95  opening to the outside. A room may not be considered a bedroom
   96  if it is used to access another room, unless the room that is
   97  accessed is a bathroom or closet and does not include a hallway,
   98  bathroom, kitchen, living room, family room, dining room, den,
   99  breakfast nook, pantry, laundry room, sunroom, recreation room,
  100  media/video room, or exercise room. For the purpose of
  101  determining system capacity, occupancy is calculated at a
  102  maximum of two persons per bedroom.
  103         (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
  104  construct, repair, modify, abandon, or operate an onsite sewage
  105  treatment and disposal system without first obtaining a permit
  106  approved by the department. The department may issue permits to
  107  carry out this section, but shall not make the issuance of such
  108  permits contingent upon prior approval by the Department of
  109  Environmental Protection, except that the issuance of a permit
  110  for work seaward of the coastal construction control line
  111  established under s. 161.053 shall be contingent upon receipt of
  112  any required coastal construction control line permit from the
  113  Department of Environmental Protection. A construction permit is
  114  valid for 18 months from the issuance date and may be extended
  115  by the department for one 90-day period under rules adopted by
  116  the department. A repair permit is valid for 90 days from the
  117  date of issuance. An operating permit must be obtained prior to
  118  the use of any aerobic treatment unit or if the establishment
  119  generates commercial waste. Buildings or establishments that use
  120  an aerobic treatment unit or generate commercial waste shall be
  121  inspected by the department at least annually to assure
  122  compliance with the terms of the operating permit. The operating
  123  permit for a commercial wastewater system is valid for 1 year
  124  from the date of issuance and must be renewed annually. The
  125  operating permit for an aerobic treatment unit is valid for 2
  126  years from the date of issuance and must be renewed every 2
  127  years. If all information pertaining to the siting, location,
  128  and installation conditions or repair of an onsite sewage
  129  treatment and disposal system remains the same, a construction
  130  or repair permit for the onsite sewage treatment and disposal
  131  system may be transferred to another person, if the transferee
  132  files, within 60 days after the transfer of ownership, an
  133  amended application providing all corrected information and
  134  proof of ownership of the property. There is no fee associated
  135  with the processing of this supplemental information. A person
  136  may not contract to construct, modify, alter, repair, service,
  137  abandon, or maintain any portion of an onsite sewage treatment
  138  and disposal system without being registered under part III of
  139  chapter 489. A property owner who personally performs
  140  construction, maintenance, or repairs to a system serving his or
  141  her own owner-occupied single-family residence is exempt from
  142  registration requirements for performing such construction,
  143  maintenance, or repairs on that residence, but is subject to all
  144  permitting requirements. A municipality or political subdivision
  145  of the state may not issue a building or plumbing permit for any
  146  building that requires the use of an onsite sewage treatment and
  147  disposal system unless the owner or builder has received a
  148  construction permit for such system from the department. A
  149  building or structure may not be occupied and a municipality,
  150  political subdivision, or any state or federal agency may not
  151  authorize occupancy until the department approves the final
  152  installation of the onsite sewage treatment and disposal system.
  153  A municipality or political subdivision of the state may not
  154  approve any change in occupancy or tenancy of a building that
  155  uses an onsite sewage treatment and disposal system until the
  156  department has reviewed the use of the system with the proposed
  157  change, approved the change, and amended the operating permit.
  158         (w) Any permit issued and approved by the department for
  159  the installation, modification, or repair of an onsite sewage
  160  treatment and disposal system shall transfer with the title to
  161  the property. A title is not encumbered at the time of transfer
  162  by new permit requirements by a governmental entity for an
  163  onsite sewage treatment and disposal system which differ from
  164  the permitting requirements in effect at the time the system was
  165  permitted, modified, or repaired.
  166         (x) An onsite sewage treatment and disposal system is not
  167  considered abandoned if the properly functioning onsite sewage
  168  treatment and disposal system is disconnected from a structure
  169  that was made unusable or destroyed following a disaster and the
  170  system was not adversely affected by the disaster. The onsite
  171  system may be reconnected to a rebuilt structure if:
  172         1. The reconnection of the onsite sewage treatment and
  173  disposal system is to the same type and approximate size of
  174  rebuilt structure that existed prior to the disaster;
  175         2. The onsite sewage treatment and disposal system is not a
  176  sanitary nuisance; and
  177         3. The onsite sewage treatment and disposal system has not
  178  been altered without prior authorization.
  179  
  180  An onsite sewage treatment and disposal system that serves a
  181  property that is foreclosed upon is not an abandoned system.
  182         (y) If an onsite sewage treatment and disposal system
  183  permittee receives, relies upon, and undertakes construction of
  184  a system based upon a validly issued construction permit under
  185  rules applicable at the time of construction, but a change to a
  186  rule occurs after the approval of the system for construction
  187  but before the final approval of the system, the rules
  188  applicable and in effect at the time of construction approval
  189  apply at the time of final approval if fundamental site
  190  conditions have not changed between the time of construction
  191  approval and final approval.
  192         (z) A modification, replacement, or upgrade of an onsite
  193  sewage treatment and disposal system is not required for a
  194  remodeling addition to a single-family home if a bedroom is not
  195  added.
  196         (5) EVALUATION AND ASSESSMENT.—
  197         (a) Beginning July 1, 2011, the department shall administer
  198  an onsite sewage treatment and disposal system evaluation
  199  program for the purpose of assessing the fundamental operational
  200  condition of systems and identifying any failures within the
  201  systems. The department shall adopt rules implementing the
  202  program standards, procedures, and requirements, including, but
  203  not limited to, a schedule for a 5-year evaluation cycle,
  204  requirements for the pump-out of a system or repair of a failing
  205  system, enforcement procedures for failure of a system owner to
  206  obtain an evaluation of the system, and failure of a contractor
  207  to timely submit evaluation results to the department and the
  208  system owner. The department shall ensure statewide
  209  implementation of the evaluation and assessment program by
  210  January 1, 2016.
  211         (b) Owners of an onsite sewage treatment and disposal
  212  system, excluding a system that is required to obtain an
  213  operating permit, shall have the system evaluated at least once
  214  every 5 years to assess the fundamental operational condition of
  215  the system, and identify any failure within the system.
  216         (c) All evaluation procedures must be documented and
  217  nothing in this subsection limits the amount of detail an
  218  evaluator may provide at his or her professional discretion. The
  219  evaluation must include a tank and drainfield evaluation, a
  220  written assessment of the condition of the system, and, if
  221  necessary, a disclosure statement pursuant to the department’s
  222  procedure.
  223         (d)1. Systems being evaluated that were installed prior to
  224  January 1, 1983, shall meet a minimum 6-inch separation from the
  225  bottom of the drainfield to the wettest season water table
  226  elevation as defined by department rule. All drainfield repairs,
  227  replacements or modifications to systems installed prior to
  228  January 1, 1983, shall meet a minimum 12-inch separation from
  229  the bottom of the drainfield to the wettest season water table
  230  elevation as defined by department rule.
  231         2. Systems being evaluated that were installed on or after
  232  January 1, 1983, shall meet a minimum 12-inch separation from
  233  the bottom of the drainfield to the wettest season water table
  234  elevation as defined by department rule. All drainfield repairs,
  235  replacements or modification to systems developed on or after
  236  January 1, 1983, shall meet a minimum 24-inch separation from
  237  the bottom of the drainfield to the wettest season water table
  238  elevation.
  239         (e) If documentation of a tank pump-out or a permitted new
  240  installation, repair, or modification of the system within the
  241  previous 5 years is provided, and states the capacity of the
  242  tank and indicates that the condition of the tank is not a
  243  sanitary or public health nuisance pursuant to department rule,
  244  a pump-out of the system is not required.
  245         (f) Owners are responsible for paying the cost of any
  246  required pump-out, repair, or replacement pursuant to department
  247  rule, and may not request partial evaluation or the omission of
  248  portions of the evaluation.
  249         (g) Each evaluation or pump-out required under this
  250  subsection must be performed by a septic tank contractor or
  251  master septic tank contractor registered under part III of
  252  chapter 489, a professional engineer with wastewater treatment
  253  system experience licensed pursuant to chapter 471, or an
  254  environmental health professional certified under chapter 381 in
  255  the area of onsite sewage treatment and disposal system
  256  evaluation.
  257         (h) The evaluation report fee collected pursuant to s.
  258  381.0066(2)(b) shall be remitted to the department by the
  259  evaluator at the time the report is submitted.
  260         (i) Prior to any evaluation deadline, the department must
  261  provide a minimum of 60 days’ notice to owners that their
  262  systems must be evaluated by that deadline. The department may
  263  include a copy of any homeowner educational materials developed
  264  pursuant to this section which provides information on the
  265  proper maintenance of onsite sewage treatment and disposal
  266  systems.
  267         (5)(6) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.—
  268         (a) Department personnel who have reason to believe
  269  noncompliance exists, may at any reasonable time, enter the
  270  premises permitted under ss. 381.0065-381.0066, or the business
  271  premises of any septic tank contractor or master septic tank
  272  contractor registered under part III of chapter 489, or any
  273  premises that the department has reason to believe is being
  274  operated or maintained not in compliance, to determine
  275  compliance with the provisions of this section, part I of
  276  chapter 386, or part III of chapter 489 or rules or standards
  277  adopted under ss. 381.0065-381.0067, part I of chapter 386, or
  278  part III of chapter 489. As used in this paragraph, the term
  279  “premises” does not include a residence or private building. To
  280  gain entry to a residence or private building, the department
  281  must obtain permission from the owner or occupant or secure an
  282  inspection warrant from a court of competent jurisdiction.
  283         (b)1. The department may issue citations that may contain
  284  an order of correction or an order to pay a fine, or both, for
  285  violations of ss. 381.0065-381.0067, part I of chapter 386, or
  286  part III of chapter 489 or the rules adopted by the department,
  287  when a violation of these sections or rules is enforceable by an
  288  administrative or civil remedy, or when a violation of these
  289  sections or rules is a misdemeanor of the second degree. A
  290  citation issued under ss. 381.0065-381.0067, part I of chapter
  291  386, or part III of chapter 489 constitutes a notice of proposed
  292  agency action.
  293         2. A citation must be in writing and must describe the
  294  particular nature of the violation, including specific reference
  295  to the provisions of law or rule allegedly violated.
  296         3. The fines imposed by a citation issued by the department
  297  may not exceed $500 for each violation. Each day the violation
  298  exists constitutes a separate violation for which a citation may
  299  be issued.
  300         4. The department shall inform the recipient, by written
  301  notice pursuant to ss. 120.569 and 120.57, of the right to an
  302  administrative hearing to contest the citation within 21 days
  303  after the date the citation is received. The citation must
  304  contain a conspicuous statement that if the recipient fails to
  305  pay the fine within the time allowed, or fails to appear to
  306  contest the citation after having requested a hearing, the
  307  recipient has waived the recipient’s right to contest the
  308  citation and must pay an amount up to the maximum fine.
  309         5. The department may reduce or waive the fine imposed by
  310  the citation. In determining whether to reduce or waive the
  311  fine, the department must consider the gravity of the violation,
  312  the person’s attempts at correcting the violation, and the
  313  person’s history of previous violations including violations for
  314  which enforcement actions were taken under ss. 381.0065
  315  381.0067, part I of chapter 386, part III of chapter 489, or
  316  other provisions of law or rule.
  317         6. Any person who willfully refuses to sign and accept a
  318  citation issued by the department commits a misdemeanor of the
  319  second degree, punishable as provided in s. 775.082 or s.
  320  775.083.
  321         7. The department, pursuant to ss. 381.0065-381.0067, part
  322  I of chapter 386, or part III of chapter 489, shall deposit any
  323  fines it collects in the county health department trust fund for
  324  use in providing services specified in those sections.
  325         8. This section provides an alternative means of enforcing
  326  ss. 381.0065-381.0067, part I of chapter 386, and part III of
  327  chapter 489. This section does not prohibit the department from
  328  enforcing ss. 381.0065-381.0067, part I of chapter 386, or part
  329  III of chapter 489, or its rules, by any other means. However,
  330  the department must elect to use only a single method of
  331  enforcement for each violation.
  332         Section 2. Section 381.00651, Florida Statutes, is created
  333  to read:
  334         381.00651 Periodic evaluation and assessment of onsite
  335  sewage treatment and disposal systems.—
  336         (1) Effective July 1, 2011, any county or municipality that
  337  has not adopted an onsite sewage treatment and disposal system
  338  evaluation and assessment program, or that does not opt out of
  339  this section, shall develop and adopt by ordinance a local
  340  onsite sewage treatment and disposal system evaluation and
  341  assessment program within all or part of its geographic area
  342  which meets the requirements of this section. Any county or
  343  municipality that has adopted such a program before July 1,
  344  2011, may continue to enforce its provisions. Any county or
  345  municipality that does not opt out of this section shall notify
  346  the Secretary of State by letter of the adoption of the
  347  ordinance pursuant to this section. By a majority of the local
  348  elected body, a county or municipality may opt out of the
  349  requirements of this section at any time before January 1, 2012,
  350  by adopting a separate resolution. The resolution shall be
  351  directed to and filed with the Secretary of State and shall
  352  state the intent of the county or municipality not to adopt an
  353  onsite sewage treatment and disposal system evaluation and
  354  assessment program. Absent an interlocal agreement or county
  355  charter provision to the contrary, a municipality may elect to
  356  opt out of the requirements of this section notwithstanding the
  357  decision of the county in which it is located. A county or
  358  municipality may subsequently adopt an ordinance imposing an
  359  onsite sewage treatment and disposal system evaluation and
  360  assessment program if the program meets the requirements of this
  361  section. A county or municipality may repeal an ordinance
  362  adopted pursuant to this section if the county or municipality
  363  notifies the Secretary of State by letter of the repeal. Any
  364  county identified as having a first magnitude spring within its
  365  boundaries is prohibited from opting out of this section. Any
  366  county in which a Total Maximum Daily Load for nutrients or
  367  bacteria has been established is prohibited from opting out of
  368  this section. Such counties may, however, adopt a local onsite
  369  sewage treatment and disposal system evaluation and assessment
  370  program that is more stringent than that required by this
  371  section. Except as otherwise provided, the local ordinances may
  372  not deviate from or exceed the substantive requirements of this
  373  section. Such adopted ordinance shall provide for the following:
  374         (a) Evaluations.—An evaluation of any septic tank within
  375  all or part of the county’s or municipality’s jurisdiction must
  376  take place once every 5 years to assess the fundamental
  377  operational condition of the system and to identify system
  378  failures. The ordinance may not mandate an evaluation at the
  379  point of sale in a real estate transaction and may not require a
  380  soil examination. The location of the system shall be
  381  identified. A tank and drainfield evaluation and a written
  382  assessment of the overall condition of the system pursuant to
  383  the assessment procedure prescribed in paragraph (2)(d) are
  384  required.
  385         (b) Qualified contractors.—Each evaluation required under
  386  this subsection must be performed by a septic tank contractor or
  387  master septic tank contractor registered under part III of
  388  chapter 489, a professional engineer having wastewater treatment
  389  system experience and licensed pursuant to chapter 471, or an
  390  environmental health professional certified under this chapter
  391  in the area of onsite sewage treatment and disposal system
  392  evaluation. Evaluations and pump outs may also be performed by
  393  an authorized employee working under the supervision of the
  394  individuals listed in this paragraph; however, all evaluation
  395  forms must be written or electronically signed by a qualified
  396  contractor.
  397         (c) Repair of systems.—The local ordinance may not require
  398  a repair, modification, or replacement of a system as a result
  399  of an evaluation unless the evaluation identifies a system
  400  failure. For purposes of this subsection, the term “system
  401  failure” is defined as a condition existing within an onsite
  402  sewage treatment and disposal system which results in the
  403  discharge of untreated or partially treated wastewater onto the
  404  ground surface or into surface water, or which results in a
  405  sanitary nuisance caused by the failure of building plumbing to
  406  discharge properly. A system is not a failure if the system does
  407  not have a minimum separation distance between the drainfield
  408  and the wet season water table, or if an obstruction in a
  409  sanitary line or an effluent screen or filter prevents effluent
  410  from flowing into a drainfield. If a system failure is
  411  identified and several remedial options are available to resolve
  412  the failure, the local ordinance may not require more than the
  413  least costly remedial measure to resolve the system failure. The
  414  homeowner may choose the remedial measure to fix the system.
  415  There may be instances in which a pump out is sufficient to
  416  resolve a system failure. Remedial measures to resolve a system
  417  failure must meet the requirements in effect at the times
  418  specified in s. 381.0065(4)(g).
  419         (d) Exemptions.—The local ordinance shall exempt from the
  420  evaluation requirements any system that is required to obtain an
  421  operating permit pursuant to state law or that is inspected by
  422  the department pursuant to the annual permit inspection
  423  requirements of chapter 513.
  424         (2) The following procedures shall be used for conducting
  425  evaluations:
  426         (a) Tank evaluation.—The tank evaluation shall assess the
  427  apparent structural condition and water tightness of the tank
  428  and shall estimate the size of the tank. The evaluation must
  429  include a pump out. However, an ordinance may not require a pump
  430  out if there is documentation that a tank pump out or a
  431  permitted new installation, repair, or modification of the
  432  system has occurred within the previous 5 years, and that
  433  identifies the capacity of the tank and indicates that the
  434  condition of the tank is structurally sound and watertight.
  435  Visual inspection of the tank must be made when the tank is
  436  empty to detect cracks, leaks, or other defects. Baffles or tees
  437  must be checked to ensure that they are intact and secure. The
  438  evaluation shall note the presence and condition of outlet
  439  devices, effluent filters, and compartment walls; any structural
  440  defect in the tank; and the condition and fit of the tank lid,
  441  including manholes. If the tank, in the opinion of the qualified
  442  contractor, is in danger of being damaged by leaving the tank
  443  empty after inspection, the tank shall be refilled before
  444  concluding the inspection.
  445         (b) Drainfield evaluation.—The drainfield evaluation must
  446  include a determination of the approximate size and location of
  447  the drainfield. The evaluation shall state the condition of
  448  surface vegetation, identify whether there is any sewage or
  449  effluent visible on the ground or discharging to a ditch or
  450  other water body, and identify the location of any downspout or
  451  other source of water near or in the vicinity of the drainfield.
  452         (c) Special circumstances.—If the system contains pumps,
  453  siphons, or alarms, the following information must be provided:
  454         1. An assessment of dosing tank integrity, including the
  455  approximate volume and the type of material used in
  456  construction;
  457         2. Whether the pump is elevated off of the bottom of the
  458  chamber and its operational status;
  459         3. Whether there are a check valve and purge hole; whether
  460  there is a high-water alarm, including whether the type of alarm
  461  is audio or visual or both, the location of the alarm, and its
  462  operational condition; and whether electrical connections appear
  463  satisfactory; and
  464         4. Whether surface water can infiltrate into the tank and
  465  whether the tank was pumped out.
  466         (d) Assessment procedure.—All evaluation procedures used by
  467  a qualified contractor shall be documented. The qualified
  468  contractor shall provide a copy of a written, signed evaluation
  469  report to the property owner upon completion of the evaluation
  470  and to the county health department within 30 days after the
  471  evaluation. The report shall contain the name and license number
  472  of the company providing the report. A copy of the evaluation
  473  report shall be retained by the local county health department
  474  for a minimum of 5 years until a subsequent inspection report is
  475  filed. The front cover of the report must identify any system
  476  failure and include a clear and conspicuous notice to the owner
  477  that the owner has a right to have any remediation of the
  478  failure performed by a qualified contractor other than the
  479  contractor performing the evaluation. The report must further
  480  identify any crack, leak, improper fit, or other defect in the
  481  tank, manhole, or lid, and any other damaged or missing
  482  component; any sewage or effluent visible on the ground or
  483  discharging to a ditch or other surface water body; any
  484  downspout, stormwater, or other source of water directed onto or
  485  toward the system; and any other maintenance need or condition
  486  of the system at the time of the evaluation which, in the
  487  opinion of the qualified contractor, would possibly interfere
  488  with or restrict any future repair or modification to the
  489  existing system. The report shall conclude with an overall
  490  assessment of the fundamental operational condition of the
  491  system.
  492         (3) It shall be the responsibility of the county health
  493  department to administer any evaluation program on behalf of a
  494  county, or a local government within the county, which has
  495  adopted an evaluation program pursuant to this section. In order
  496  to administer the evaluation program, a local government, in
  497  consultation with the county health department, may develop a
  498  reasonable fee schedule to be used solely to pay for the costs
  499  of administering the evaluation program. Such fee schedule shall
  500  be identified in the local ordinance that adopts the evaluation
  501  program. When arriving at a reasonable fee schedule, the
  502  estimated annual revenues to be derived from fees may not exceed
  503  reasonable estimated annual costs of the program. Fees shall be
  504  assessed to the septic tank owner during an inspection and
  505  separately identified on the invoice of the qualified
  506  contractor. Fees shall be remitted by the qualified contractor
  507  to the county health department. The county health department’s
  508  administrative responsibilities include the following:
  509         (a) Providing a notice to the septic tank owner at least 60
  510  days before the septic tank is due for an evaluation. The notice
  511  may include information on the proper maintenance of onsite
  512  sewage treatment and disposal systems.
  513         (b) In consultation with the Department of Health,
  514  providing uniform disciplinary procedures and penalties for
  515  qualified contractors who do not comply with the requirements of
  516  the adopted ordinance, including, but not limited to, failure to
  517  provide the evaluation report as required in this subsection to
  518  the septic tank owner and the county health department. The
  519  county health department may also assess penalties against
  520  septic tank owners for failure to comply with the adopted
  521  ordinance, consistent with existing requirements of law.
  522         (c) Developing its own database and tracking systems to
  523  encompass evaluation programs adopted by the county or
  524  municipalities within its jurisdiction. The database shall also
  525  be used to collect, store, and index information obtained from
  526  the evaluation reports filed by each qualified contractor with
  527  the county health department. The tracking system must include
  528  the ability to collect and store:
  529         1. The description, addresses, or locations of the onsite
  530  systems;
  531         2. An inventory of the number of onsite systems within the
  532  local jurisdiction;
  533         3. The total number and types of system failures; and
  534         4. Any other trends deemed relevant by the county health
  535  department resulting from an assessment and evaluation of the
  536  overall condition of systems.
  537  
  538  The tracking system may be Internet-based and may be designed to
  539  be used by contractors to report all service and evaluation
  540  events and by the county health department to notify homeowners
  541  when evaluations are due. Data and information shall be recorded
  542  and updated as service and evaluations are conducted and
  543  reported
  544         (4) A county or municipality that adopts an onsite sewage
  545  treatment and disposal system evaluation and assessment program
  546  pursuant to this section shall notify the Secretary of
  547  Environmental Protection, the Department of Health, and the
  548  applicable county health department upon the adoption of an
  549  ordinance. The Department of Environmental Protection shall,
  550  within existing resources and upon receipt of such notice,
  551  notify the county or municipality of the potential use of, and
  552  access to, program funds under the Clean Water State Revolving
  553  Fund or s. 319 of the Clean Water Act. Upon request by a county
  554  or municipality, the Department of Environmental Protection
  555  shall provide guidance in the application process to receive
  556  moneys under the Clean Water State Revolving Fund or s. 319 of
  557  the Clean Water Act. The Department of Environmental Protection
  558  shall also, within existing resources and upon request by a
  559  county or municipality, provide advice and technical assistance
  560  to the county or municipality on how to establish a low-interest
  561  revolving loan program or how to model a revolving loan program
  562  after the low-interest loan program of the Clean Water State
  563  Revolving Fund. This subsection does not obligate the Department
  564  of Environmental Protection to provide any money to fund such
  565  programs.
  566         Section 3. Section 381.00656, Florida Statutes, is
  567  repealed.
  568         Section 4. Subsection (2) of section 381.0066, Florida
  569  Statutes, is amended to read:
  570         381.0066 Onsite sewage treatment and disposal systems;
  571  fees.—
  572         (2) The minimum fees in the following fee schedule apply
  573  until changed by rule by the department within the following
  574  limits:
  575         (a) Application review, permit issuance, or system
  576  inspection, including repair of a subsurface, mound, filled, or
  577  other alternative system or permitting of an abandoned system: a
  578  fee of not less than $25, or more than $125.
  579         (b) A 5-year evaluation report submitted pursuant to s.
  580  381.0065(5): a fee not less than $15, or more than $30. At least
  581  $1 and no more than $5 collected pursuant to this paragraph
  582  shall be used to fund a grant program established under s.
  583  381.00656.
  584         (b)(c) Site evaluation, site reevaluation, evaluation of a
  585  system previously in use, or a per annum septage disposal site
  586  evaluation: a fee of not less than $40, or more than $115.
  587         (c)(d) Biennial Operating permit for aerobic treatment
  588  units or performance-based treatment systems: a fee of not more
  589  than $100.
  590         (d)(e) Annual operating permit for systems located in areas
  591  zoned for industrial manufacturing or equivalent uses or where
  592  the system is expected to receive wastewater which is not
  593  domestic in nature: a fee of not less than $150, or more than
  594  $300.
  595         (e)(f) Innovative technology: a fee not to exceed $25,000.
  596         (f)(g) Septage disposal service, septage stabilization
  597  facility, portable or temporary toilet service, tank
  598  manufacturer inspection: a fee of not less than $25, or more
  599  than $200, per year.
  600         (g)(h) Application for variance: a fee of not less than
  601  $150, or more than $300.
  602         (h)(i) Annual operating permit for waterless, incinerating,
  603  or organic waste composting toilets: a fee of not less than $15
  604  $50, or more than $30 $150.
  605         (i)(j) Aerobic treatment unit or performance-based
  606  treatment system maintenance entity permit: a fee of not less
  607  than $25, or more than $150, per year.
  608         (j)(k) Reinspection fee per visit for site inspection after
  609  system construction approval or for noncompliant system
  610  installation per site visit: a fee of not less than $25, or more
  611  than $100.
  612         (k)(l) Research: An additional $5 fee shall be added to
  613  each new system construction permit issued to be used to fund
  614  onsite sewage treatment and disposal system research,
  615  demonstration, and training projects. Five dollars from any
  616  repair permit fee collected under this section shall be used for
  617  funding the hands-on training centers described in s.
  618  381.0065(3)(j).
  619         (l)(m) Annual operating permit, including annual inspection
  620  and any required sampling and laboratory analysis of effluent,
  621  for an engineer-designed performance-based system: a fee of not
  622  less than $150, or more than $300.
  623  
  624  On or before January 1, 2011, the Surgeon General, after
  625  consultation with the Revenue Estimating Conference, shall
  626  determine a revenue neutral fee schedule for services provided
  627  pursuant to s. 381.0065(5) within the parameters set in
  628  paragraph (b). Such determination is not subject to the
  629  provisions of chapter 120. The funds collected pursuant to this
  630  subsection must be deposited in a trust fund administered by the
  631  department, to be used for the purposes stated in this section
  632  and ss. 381.0065 and 381.00655.
  633         Section 5. This act shall take effect upon becoming a law.