Florida Senate - 2012                                     SB 114
       
       
       
       By Senator Evers
       
       
       
       
       2-00002-12                                             2012114__
    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 relating to onsite sewage treatment
    5         and disposal systems; conforming a cross-reference;
    6         eliminating provisions directing the Department of
    7         Health to create and administer a statewide septic
    8         tank evaluation program; eliminating procedures and
    9         criteria for the evaluation program; deleting an
   10         obsolete reporting requirement; amending s. 381.0066,
   11         F.S.; eliminating provisions authorizing the
   12         department to collect an evaluation report fee;
   13         eliminating provisions relating to disposition of fee
   14         proceeds and a revenue-neutral fee schedule; repealing
   15         s. 381.00656, F.S., relating to the grant program for
   16         the repair of onsite sewage treatment disposal systems
   17         identified pursuant to the evaluation program, to
   18         conform; providing an effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Subsection (1), paragraph (j) of subsection (3),
   23  and subsections (5), (6), and (7) of section 381.0065, Florida
   24  Statutes, are amended to read:
   25         381.0065 Onsite sewage treatment and disposal systems;
   26  regulation.—
   27         (1) LEGISLATIVE INTENT.—
   28         (a) It is the intent of the Legislature that proper
   29  management of onsite sewage treatment and disposal systems is
   30  paramount to the health, safety, and welfare of the public. It
   31  is further the intent of the Legislature that the department
   32  shall administer an evaluation program to ensure the operational
   33  condition of the system and identify any failure with the
   34  system.
   35         (b) It is the intent of the Legislature that where a
   36  publicly owned or investor-owned sewerage system is not
   37  available, the department shall issue permits for the
   38  construction, installation, modification, abandonment, or repair
   39  of onsite sewage treatment and disposal systems under conditions
   40  as described in this section and rules adopted under this
   41  section. It is further the intent of the Legislature that the
   42  installation and use of onsite sewage treatment and disposal
   43  systems not adversely affect the public health or significantly
   44  degrade the groundwater or surface water.
   45         (3) DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.—The
   46  department shall:
   47         (j) Supervise research on, demonstration of, and training
   48  on the performance, environmental impact, and public health
   49  impact of onsite sewage treatment and disposal systems within
   50  this state. Research fees collected under s. 381.0066(2)(k)
   51  381.0066(2)(l) must be used to develop and fund hands-on
   52  training centers designed to provide practical information about
   53  onsite sewage treatment and disposal systems to septic tank
   54  contractors, master septic tank contractors, contractors,
   55  inspectors, engineers, and the public and must also be used to
   56  fund research projects which focus on improvements of onsite
   57  sewage treatment and disposal systems, including use of
   58  performance-based standards and reduction of environmental
   59  impact. Research projects shall be initially approved by the
   60  technical review and advisory panel and shall be applicable to
   61  and reflect the soil conditions specific to Florida. Such
   62  projects shall be awarded through competitive negotiation, using
   63  the procedures provided in s. 287.055, to public or private
   64  entities that have experience in onsite sewage treatment and
   65  disposal systems in Florida and that are principally located in
   66  Florida. Research projects shall not be awarded to firms or
   67  entities that employ or are associated with persons who serve on
   68  either the technical review and advisory panel or the research
   69  review and advisory committee.
   70         (5) EVALUATION AND ASSESSMENT.—
   71         (a) Beginning July 1, 2011, the department shall administer
   72  an onsite sewage treatment and disposal system evaluation
   73  program for the purpose of assessing the fundamental operational
   74  condition of systems and identifying any failures within the
   75  systems. The department shall adopt rules implementing the
   76  program standards, procedures, and requirements, including, but
   77  not limited to, a schedule for a 5-year evaluation cycle,
   78  requirements for the pump-out of a system or repair of a failing
   79  system, enforcement procedures for failure of a system owner to
   80  obtain an evaluation of the system, and failure of a contractor
   81  to timely submit evaluation results to the department and the
   82  system owner. The department shall ensure statewide
   83  implementation of the evaluation and assessment program by
   84  January 1, 2016.
   85         (b) Owners of an onsite sewage treatment and disposal
   86  system, excluding a system that is required to obtain an
   87  operating permit, shall have the system evaluated at least once
   88  every 5 years to assess the fundamental operational condition of
   89  the system, and identify any failure within the system.
   90         (c) All evaluation procedures must be documented and
   91  nothing in this subsection limits the amount of detail an
   92  evaluator may provide at his or her professional discretion. The
   93  evaluation must include a tank and drainfield evaluation, a
   94  written assessment of the condition of the system, and, if
   95  necessary, a disclosure statement pursuant to the department’s
   96  procedure.
   97         (d)1. Systems being evaluated that were installed prior to
   98  January 1, 1983, shall meet a minimum 6-inch separation from the
   99  bottom of the drainfield to the wettest season water table
  100  elevation as defined by department rule. All drainfield repairs,
  101  replacements or modifications to systems installed prior to
  102  January 1, 1983, shall meet a minimum 12-inch separation from
  103  the bottom of the drainfield to the wettest season water table
  104  elevation as defined by department rule.
  105         2. Systems being evaluated that were installed on or after
  106  January 1, 1983, shall meet a minimum 12-inch separation from
  107  the bottom of the drainfield to the wettest season water table
  108  elevation as defined by department rule. All drainfield repairs,
  109  replacements or modification to systems developed on or after
  110  January 1, 1983, shall meet a minimum 24-inch separation from
  111  the bottom of the drainfield to the wettest season water table
  112  elevation.
  113         (e) If documentation of a tank pump-out or a permitted new
  114  installation, repair, or modification of the system within the
  115  previous 5 years is provided, and states the capacity of the
  116  tank and indicates that the condition of the tank is not a
  117  sanitary or public health nuisance pursuant to department rule,
  118  a pump-out of the system is not required.
  119         (f) Owners are responsible for paying the cost of any
  120  required pump-out, repair, or replacement pursuant to department
  121  rule, and may not request partial evaluation or the omission of
  122  portions of the evaluation.
  123         (g) Each evaluation or pump-out required under this
  124  subsection must be performed by a septic tank contractor or
  125  master septic tank contractor registered under part III of
  126  chapter 489, a professional engineer with wastewater treatment
  127  system experience licensed pursuant to chapter 471, or an
  128  environmental health professional certified under chapter 381 in
  129  the area of onsite sewage treatment and disposal system
  130  evaluation.
  131         (h) The evaluation report fee collected pursuant to s.
  132  381.0066(2)(b) shall be remitted to the department by the
  133  evaluator at the time the report is submitted.
  134         (i) Prior to any evaluation deadline, the department must
  135  provide a minimum of 60 days’ notice to owners that their
  136  systems must be evaluated by that deadline. The department may
  137  include a copy of any homeowner educational materials developed
  138  pursuant to this section which provides information on the
  139  proper maintenance of onsite sewage treatment and disposal
  140  systems.
  141         (5)(6) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.—
  142         (a) Department personnel who have reason to believe
  143  noncompliance exists, may, at any reasonable time, enter the
  144  premises permitted under ss. 381.0065-381.0066, or the business
  145  premises of any septic tank contractor or master septic tank
  146  contractor registered under part III of chapter 489, or any
  147  premises that the department has reason to believe is being
  148  operated or maintained not in compliance, to determine
  149  compliance with the provisions of this section, part I of
  150  chapter 386, or part III of chapter 489 or rules or standards
  151  adopted under ss. 381.0065-381.0067, part I of chapter 386, or
  152  part III of chapter 489. As used in this paragraph, the term
  153  “premises” does not include a residence or private building. To
  154  gain entry to a residence or private building, the department
  155  must obtain permission from the owner or occupant or secure an
  156  inspection warrant from a court of competent jurisdiction.
  157         (b)1. The department may issue citations that may contain
  158  an order of correction or an order to pay a fine, or both, for
  159  violations of ss. 381.0065-381.0067, part I of chapter 386, or
  160  part III of chapter 489 or the rules adopted by the department,
  161  when a violation of these sections or rules is enforceable by an
  162  administrative or civil remedy, or when a violation of these
  163  sections or rules is a misdemeanor of the second degree. A
  164  citation issued under ss. 381.0065-381.0067, part I of chapter
  165  386, or part III of chapter 489 constitutes a notice of proposed
  166  agency action.
  167         2. A citation must be in writing and must describe the
  168  particular nature of the violation, including specific reference
  169  to the provisions of law or rule allegedly violated.
  170         3. The fines imposed by a citation issued by the department
  171  may not exceed $500 for each violation. Each day the violation
  172  exists constitutes a separate violation for which a citation may
  173  be issued.
  174         4. The department shall inform the recipient, by written
  175  notice pursuant to ss. 120.569 and 120.57, of the right to an
  176  administrative hearing to contest the citation within 21 days
  177  after the date the citation is received. The citation must
  178  contain a conspicuous statement that if the recipient fails to
  179  pay the fine within the time allowed, or fails to appear to
  180  contest the citation after having requested a hearing, the
  181  recipient has waived the recipient’s right to contest the
  182  citation and must pay an amount up to the maximum fine.
  183         5. The department may reduce or waive the fine imposed by
  184  the citation. In determining whether to reduce or waive the
  185  fine, the department must consider the gravity of the violation,
  186  the person’s attempts at correcting the violation, and the
  187  person’s history of previous violations including violations for
  188  which enforcement actions were taken under ss. 381.0065
  189  381.0067, part I of chapter 386, part III of chapter 489, or
  190  other provisions of law or rule.
  191         6. Any person who willfully refuses to sign and accept a
  192  citation issued by the department commits a misdemeanor of the
  193  second degree, punishable as provided in s. 775.082 or s.
  194  775.083.
  195         7. The department, pursuant to ss. 381.0065-381.0067, part
  196  I of chapter 386, or part III of chapter 489, shall deposit any
  197  fines it collects in the county health department trust fund for
  198  use in providing services specified in those sections.
  199         8. This section provides an alternative means of enforcing
  200  ss. 381.0065-381.0067, part I of chapter 386, and part III of
  201  chapter 489. This section does not prohibit the department from
  202  enforcing ss. 381.0065-381.0067, part I of chapter 386, or part
  203  III of chapter 489, or its rules, by any other means. However,
  204  the department must elect to use only a single method of
  205  enforcement for each violation.
  206         (6)(7) LAND APPLICATION OF SEPTAGE PROHIBITED.—Effective
  207  January 1, 2016, the land application of septage from onsite
  208  sewage treatment and disposal systems is prohibited. By February
  209  1, 2011, the department, in consultation with the Department of
  210  Environmental Protection, shall provide a report to the
  211  Governor, the President of the Senate, and the Speaker of the
  212  House of Representatives, recommending alternative methods to
  213  establish enhanced treatment levels for the land application of
  214  septage from onsite sewage and disposal systems. The report
  215  shall include, but is not limited to, a schedule for the
  216  reduction in land application, appropriate treatment levels,
  217  alternative methods for treatment and disposal, enhanced
  218  application site permitting requirements including any
  219  requirements for nutrient management plans, and the range of
  220  costs to local governments, affected businesses, and individuals
  221  for alternative treatment and disposal methods. The report shall
  222  also include any recommendations for legislation or rule
  223  authority needed to reduce land application of septage.
  224         Section 2. Subsection (2) of section 381.0066, Florida
  225  Statutes, is amended to read:
  226         381.0066 Onsite sewage treatment and disposal systems;
  227  fees.—
  228         (2) The minimum fees in the following fee schedule apply
  229  until changed by rule by the department within the following
  230  limits:
  231         (a) Application review, permit issuance, or system
  232  inspection, including repair of a subsurface, mound, filled, or
  233  other alternative system or permitting of an abandoned system: a
  234  fee of not less than $25, or more than $125.
  235         (b) A 5-year evaluation report submitted pursuant to s.
  236  381.0065(5): a fee not less than $15, or more than $30. At least
  237  $1 and no more than $5 collected pursuant to this paragraph
  238  shall be used to fund a grant program established under s.
  239  381.00656.
  240         (b)(c) Site evaluation, site reevaluation, evaluation of a
  241  system previously in use, or a per annum septage disposal site
  242  evaluation: a fee of not less than $40, or more than $115.
  243         (c)(d) Biennial Operating permit for aerobic treatment
  244  units or performance-based treatment systems: a fee of not more
  245  than $100.
  246         (d)(e) Annual operating permit for systems located in areas
  247  zoned for industrial manufacturing or equivalent uses or where
  248  the system is expected to receive wastewater which is not
  249  domestic in nature: a fee of not less than $150, or more than
  250  $300.
  251         (e)(f) Innovative technology: a fee not to exceed $25,000.
  252         (f)(g) Septage disposal service, septage stabilization
  253  facility, portable or temporary toilet service, tank
  254  manufacturer inspection: a fee of not less than $25, or more
  255  than $200, per year.
  256         (g)(h) Application for variance: a fee of not less than
  257  $150, or more than $300.
  258         (h)(i) Annual operating permit for waterless, incinerating,
  259  or organic waste composting toilets: a fee of not less than $50,
  260  or more than $150.
  261         (i)(j) Aerobic treatment unit or performance-based
  262  treatment system maintenance entity permit: a fee of not less
  263  than $25, or more than $150, per year.
  264         (j)(k) Reinspection fee per visit for site inspection after
  265  system construction approval or for noncompliant system
  266  installation per site visit: a fee of not less than $25, or more
  267  than $100.
  268         (k)(l) Research: An additional $5 fee shall be added to
  269  each new system construction permit issued to be used to fund
  270  onsite sewage treatment and disposal system research,
  271  demonstration, and training projects. Five dollars from any
  272  repair permit fee collected under this section shall be used for
  273  funding the hands-on training centers described in s.
  274  381.0065(3)(j).
  275         (l)(m) Annual operating permit, including annual inspection
  276  and any required sampling and laboratory analysis of effluent,
  277  for an engineer-designed performance-based system: a fee of not
  278  less than $150, or more than $300.
  279  
  280  On or before January 1, 2011, the Surgeon General, after
  281  consultation with the Revenue Estimating Conference, shall
  282  determine a revenue neutral fee schedule for services provided
  283  pursuant to s. 381.0065(5) within the parameters set in
  284  paragraph (b). Such determination is not subject to the
  285  provisions of chapter 120. The funds collected pursuant to this
  286  subsection must be deposited in a trust fund administered by the
  287  department, to be used for the purposes stated in this section
  288  and ss. 381.0065 and 381.00655.
  289         Section 3. Section 381.00656, Florida Statutes, is
  290  repealed.
  291         Section 4. This act shall take effect upon becoming a law.