Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. SB 820
Barcode 723570
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/11/2012 .
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The Committee on Environmental Preservation and Conservation
(Dean) recommended 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 Statues, are amended, paragraphs (b) through
7 (p) of subsection (2) of that section are redesignated as
8 paragraphs (c) through (q), respectively, a new paragraph (b) is
9 added to that subsection, paragraph (j) of subsection (3) and
10 paragraph (n) of subsection (4) of that section are amended, and
11 paragraphs (w) through (z) are added to subsection (4) of that
12 section, to read:
13 381.0065 Onsite sewage treatment and disposal systems;
14 regulation.—
15 (1) LEGISLATIVE INTENT.—
16 (a) It is the intent of the Legislature that proper
17 management of onsite sewage treatment and disposal systems is
18 paramount to the health, safety, and welfare of the public. It
19 is further the intent of the Legislature that the department
20 shall administer an evaluation program to ensure the operational
21 condition of the system and identify any failure with the
22 system.
23 (b) It is the intent of the Legislature that where a
24 publicly owned or investor-owned sewerage system is not
25 available, the department shall issue permits for the
26 construction, installation, modification, abandonment, or repair
27 of onsite sewage treatment and disposal systems under conditions
28 as described in this section and rules adopted under this
29 section. It is further the intent of the Legislature that the
30 installation and use of onsite sewage treatment and disposal
31 systems not adversely affect the public health or significantly
32 degrade the groundwater or surface water.
33 (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
34 term:
35 (b)1. “Bedroom” means a room that can be used for sleeping
36 and that:
37 a. For site-built dwellings, has a minimum of 70 square
38 feet of conditioned space;
39 b. For manufactured homes, is constructed according to
40 standards of the United States Department of Housing and Urban
41 Development and has a minimum of 50 square feet of floor area;
42 c. Is located along an exterior wall;
43 d. Has a closet and a door or an entrance where a door
44 could be reasonably installed; and
45 e. Has an emergency means of escape and rescue opening to
46 the outside.
47 2. A room may not be considered a bedroom if it is used to
48 access another room except a bathroom or closet.
49 3. “Bedroom” does not include a hallway, bathroom, kitchen,
50 living room, family room, dining room, den, breakfast nook,
51 pantry, laundry room, sunroom, recreation room, media/video
52 room, or exercise room.
53 (3) DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.—The
54 department shall:
55 (j) Supervise research on, demonstration of, and training
56 on the performance, environmental impact, and public health
57 impact of onsite sewage treatment and disposal systems within
58 this state. Research fees collected under s. 381.0066(2)(k)
59 381.0066(2)(l) must be used to develop and fund hands-on
60 training centers designed to provide practical information about
61 onsite sewage treatment and disposal systems to septic tank
62 contractors, master septic tank contractors, contractors,
63 inspectors, engineers, and the public and must also be used to
64 fund research projects which focus on improvements of onsite
65 sewage treatment and disposal systems, including use of
66 performance-based standards and reduction of environmental
67 impact. Research projects shall be initially approved by the
68 technical review and advisory panel and shall be applicable to
69 and reflect the soil conditions specific to Florida. Such
70 projects shall be awarded through competitive negotiation, using
71 the procedures provided in s. 287.055, to public or private
72 entities that have experience in onsite sewage treatment and
73 disposal systems in Florida and that are principally located in
74 Florida. Research projects shall not be awarded to firms or
75 entities that employ or are associated with persons who serve on
76 either the technical review and advisory panel or the research
77 review and advisory committee.
78 (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
79 construct, repair, modify, abandon, or operate an onsite sewage
80 treatment and disposal system without first obtaining a permit
81 approved by the department. The department may issue permits to
82 carry out this section, but shall not make the issuance of such
83 permits contingent upon prior approval by the Department of
84 Environmental Protection, except that the issuance of a permit
85 for work seaward of the coastal construction control line
86 established under s. 161.053 shall be contingent upon receipt of
87 any required coastal construction control line permit from the
88 Department of Environmental Protection. A construction permit is
89 valid for 18 months from the issuance date and may be extended
90 by the department for one 90-day period under rules adopted by
91 the department. A repair permit is valid for 90 days from the
92 date of issuance. An operating permit must be obtained prior to
93 the use of any aerobic treatment unit or if the establishment
94 generates commercial waste. Buildings or establishments that use
95 an aerobic treatment unit or generate commercial waste shall be
96 inspected by the department at least annually to assure
97 compliance with the terms of the operating permit. The operating
98 permit for a commercial wastewater system is valid for 1 year
99 from the date of issuance and must be renewed annually. The
100 operating permit for an aerobic treatment unit is valid for 2
101 years from the date of issuance and must be renewed every 2
102 years. If all information pertaining to the siting, location,
103 and installation conditions or repair of an onsite sewage
104 treatment and disposal system remains the same, a construction
105 or repair permit for the onsite sewage treatment and disposal
106 system may be transferred to another person, if the transferee
107 files, within 60 days after the transfer of ownership, an
108 amended application providing all corrected information and
109 proof of ownership of the property. There is no fee associated
110 with the processing of this supplemental information. A person
111 may not contract to construct, modify, alter, repair, service,
112 abandon, or maintain any portion of an onsite sewage treatment
113 and disposal system without being registered under part III of
114 chapter 489. A property owner who personally performs
115 construction, maintenance, or repairs to a system serving his or
116 her own owner-occupied single-family residence is exempt from
117 registration requirements for performing such construction,
118 maintenance, or repairs on that residence, but is subject to all
119 permitting requirements. A municipality or political subdivision
120 of the state may not issue a building or plumbing permit for any
121 building that requires the use of an onsite sewage treatment and
122 disposal system unless the owner or builder has received a
123 construction permit for such system from the department. A
124 building or structure may not be occupied and a municipality,
125 political subdivision, or any state or federal agency may not
126 authorize occupancy until the department approves the final
127 installation of the onsite sewage treatment and disposal system.
128 A municipality or political subdivision of the state may not
129 approve any change in occupancy or tenancy of a building that
130 uses an onsite sewage treatment and disposal system until the
131 department has reviewed the use of the system with the proposed
132 change, approved the change, and amended the operating permit.
133 (n) Evaluations for determining the seasonal high-water
134 table elevations or the suitability of soils for the use of a
135 new onsite sewage treatment and disposal system shall be
136 performed by department personnel, professional engineers
137 registered in the state, or such other persons with expertise,
138 as defined by rule, in making such evaluations. Evaluations for
139 determining mean annual flood lines shall be performed by those
140 persons identified in paragraph (2)(j) (2)(i). The department
141 shall accept evaluations submitted by professional engineers and
142 such other persons as meet the expertise established by this
143 section or by rule unless the department has a reasonable
144 scientific basis for questioning the accuracy or completeness of
145 the evaluation.
146 (w) Any permit issued and approved by the department for
147 the installation, modification, or repair of an onsite sewage
148 treatment and disposal system shall transfer with the title to
149 the property in a real estate transaction. A title may not be
150 encumbered at the time of transfer by new permit requirements by
151 a governmental entity for an onsite sewage treatment and
152 disposal system that differ from the permitting requirements in
153 effect at the time the system was permitted, modified, or
154 repaired. No inspection of a system shall be mandated by any
155 governmental entity at the point of sale in a real estate
156 transaction.
157 (x)1. An onsite sewage treatment and disposal system is not
158 considered abandoned if the system is disconnected from a
159 structure that was made unusable or destroyed following a
160 disaster and was properly functioning at the time of
161 disconnection and not adversely affected by the disaster. The
162 onsite sewage treatment and disposal system may be reconnected
163 to a rebuilt structure if:
164 a. The reconnection of the system is to the same type of
165 structure which contains the same number of bedrooms or less,
166 provided the square footage of the structure is less than or
167 equal to 110 percent of the original square footage of the
168 structure that existed prior to the disaster;
169 b. The system is not a sanitary nuisance; and
170 c. The system has not been altered without prior
171 authorization.
172 2. An onsite sewage treatment and disposal system that
173 serves a property that is foreclosed upon is not considered
174 abandoned.
175 (y) If an onsite sewage treatment and disposal system
176 permittee receives, relies upon, and undertakes construction of
177 a system based upon a validly issued construction permit under
178 rules applicable at the time of construction but a change to a
179 rule occurs after the approval of the system for construction
180 but before the final approval of the system, the rules
181 applicable and in effect at the time of construction approval
182 apply at the time of final approval if fundamental site
183 conditions have not changed between the time of construction
184 approval and final approval.
185 (z) A modification, replacement, or upgrade of an onsite
186 sewage treatment and disposal system is not required for a
187 remodeling addition to a single-family home if a bedroom is not
188 added.
189 (5) EVALUATION AND ASSESSMENT.—
190 (a) Beginning July 1, 2011, the department shall administer
191 an onsite sewage treatment and disposal system evaluation
192 program for the purpose of assessing the fundamental operational
193 condition of systems and identifying any failures within the
194 systems. The department shall adopt rules implementing the
195 program standards, procedures, and requirements, including, but
196 not limited to, a schedule for a 5-year evaluation cycle,
197 requirements for the pump-out of a system or repair of a failing
198 system, enforcement procedures for failure of a system owner to
199 obtain an evaluation of the system, and failure of a contractor
200 to timely submit evaluation results to the department and the
201 system owner. The department shall ensure statewide
202 implementation of the evaluation and assessment program by
203 January 1, 2016.
204 (b) Owners of an onsite sewage treatment and disposal
205 system, excluding a system that is required to obtain an
206 operating permit, shall have the system evaluated at least once
207 every 5 years to assess the fundamental operational condition of
208 the system, and identify any failure within the system.
209 (c) All evaluation procedures must be documented and
210 nothing in this subsection limits the amount of detail an
211 evaluator may provide at his or her professional discretion. The
212 evaluation must include a tank and drainfield evaluation, a
213 written assessment of the condition of the system, and, if
214 necessary, a disclosure statement pursuant to the department’s
215 procedure.
216 (d)1. Systems being evaluated that were installed prior to
217 January 1, 1983, shall meet a minimum 6-inch separation from the
218 bottom of the drainfield to the wettest season water table
219 elevation as defined by department rule. All drainfield repairs,
220 replacements or modifications to systems installed prior to
221 January 1, 1983, shall meet a minimum 12-inch separation from
222 the bottom of the drainfield to the wettest season water table
223 elevation as defined by department rule.
224 2. Systems being evaluated that were installed on or after
225 January 1, 1983, shall meet a minimum 12-inch separation from
226 the bottom of the drainfield to the wettest season water table
227 elevation as defined by department rule. All drainfield repairs,
228 replacements or modification to systems developed on or after
229 January 1, 1983, shall meet a minimum 24-inch separation from
230 the bottom of the drainfield to the wettest season water table
231 elevation.
232 (e) If documentation of a tank pump-out or a permitted new
233 installation, repair, or modification of the system within the
234 previous 5 years is provided, and states the capacity of the
235 tank and indicates that the condition of the tank is not a
236 sanitary or public health nuisance pursuant to department rule,
237 a pump-out of the system is not required.
238 (f) Owners are responsible for paying the cost of any
239 required pump-out, repair, or replacement pursuant to department
240 rule, and may not request partial evaluation or the omission of
241 portions of the evaluation.
242 (g) Each evaluation or pump-out required under this
243 subsection must be performed by a septic tank contractor or
244 master septic tank contractor registered under part III of
245 chapter 489, a professional engineer with wastewater treatment
246 system experience licensed pursuant to chapter 471, or an
247 environmental health professional certified under chapter 381 in
248 the area of onsite sewage treatment and disposal system
249 evaluation.
250 (h) The evaluation report fee collected pursuant to s.
251 381.0066(2)(b) shall be remitted to the department by the
252 evaluator at the time the report is submitted.
253 (i) Prior to any evaluation deadline, the department must
254 provide a minimum of 60 days’ notice to owners that their
255 systems must be evaluated by that deadline. The department may
256 include a copy of any homeowner educational materials developed
257 pursuant to this section which provides information on the
258 proper maintenance of onsite sewage treatment and disposal
259 systems.
260 (5)(6) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.—
261 (a) Department personnel who have reason to believe
262 noncompliance exists, may at any reasonable time, enter the
263 premises permitted under ss. 381.0065-381.0066, or the business
264 premises of any septic tank contractor or master septic tank
265 contractor registered under part III of chapter 489, or any
266 premises that the department has reason to believe is being
267 operated or maintained not in compliance, to determine
268 compliance with the provisions of this section, part I of
269 chapter 386, or part III of chapter 489 or rules or standards
270 adopted under ss. 381.0065-381.0067, part I of chapter 386, or
271 part III of chapter 489. As used in this paragraph, the term
272 “premises” does not include a residence or private building. To
273 gain entry to a residence or private building, the department
274 must obtain permission from the owner or occupant or secure an
275 inspection warrant from a court of competent jurisdiction.
276 (b)1. The department may issue citations that may contain
277 an order of correction or an order to pay a fine, or both, for
278 violations of ss. 381.0065-381.0067, part I of chapter 386, or
279 part III of chapter 489 or the rules adopted by the department,
280 when a violation of these sections or rules is enforceable by an
281 administrative or civil remedy, or when a violation of these
282 sections or rules is a misdemeanor of the second degree. A
283 citation issued under ss. 381.0065-381.0067, part I of chapter
284 386, or part III of chapter 489 constitutes a notice of proposed
285 agency action.
286 2. A citation must be in writing and must describe the
287 particular nature of the violation, including specific reference
288 to the provisions of law or rule allegedly violated.
289 3. The fines imposed by a citation issued by the department
290 may not exceed $500 for each violation. Each day the violation
291 exists constitutes a separate violation for which a citation may
292 be issued.
293 4. The department shall inform the recipient, by written
294 notice pursuant to ss. 120.569 and 120.57, of the right to an
295 administrative hearing to contest the citation within 21 days
296 after the date the citation is received. The citation must
297 contain a conspicuous statement that if the recipient fails to
298 pay the fine within the time allowed, or fails to appear to
299 contest the citation after having requested a hearing, the
300 recipient has waived the recipient’s right to contest the
301 citation and must pay an amount up to the maximum fine.
302 5. The department may reduce or waive the fine imposed by
303 the citation. In determining whether to reduce or waive the
304 fine, the department must consider the gravity of the violation,
305 the person’s attempts at correcting the violation, and the
306 person’s history of previous violations including violations for
307 which enforcement actions were taken under ss. 381.0065
308 381.0067, part I of chapter 386, part III of chapter 489, or
309 other provisions of law or rule.
310 6. Any person who willfully refuses to sign and accept a
311 citation issued by the department commits a misdemeanor of the
312 second degree, punishable as provided in s. 775.082 or s.
313 775.083.
314 7. The department, pursuant to ss. 381.0065-381.0067, part
315 I of chapter 386, or part III of chapter 489, shall deposit any
316 fines it collects in the county health department trust fund for
317 use in providing services specified in those sections.
318 8. This section provides an alternative means of enforcing
319 ss. 381.0065-381.0067, part I of chapter 386, and part III of
320 chapter 489. This section does not prohibit the department from
321 enforcing ss. 381.0065-381.0067, part I of chapter 386, or part
322 III of chapter 489, or its rules, by any other means. However,
323 the department must elect to use only a single method of
324 enforcement for each violation.
325 (6)(7) LAND APPLICATION OF SEPTAGE PROHIBITED.—Effective
326 January 1, 2016, the land application of septage from onsite
327 sewage treatment and disposal systems is prohibited. By February
328 1, 2011, the department, in consultation with the Department of
329 Environmental Protection, shall provide a report to the
330 Governor, the President of the Senate, and the Speaker of the
331 House of Representatives, recommending alternative methods to
332 establish enhanced treatment levels for the land application of
333 septage from onsite sewage and disposal systems. The report
334 shall include, but is not limited to, a schedule for the
335 reduction in land application, appropriate treatment levels,
336 alternative methods for treatment and disposal, enhanced
337 application site permitting requirements including any
338 requirements for nutrient management plans, and the range of
339 costs to local governments, affected businesses, and individuals
340 for alternative treatment and disposal methods. The report shall
341 also include any recommendations for legislation or rule
342 authority needed to reduce land application of septage.
343 Section 2. Section 381.00651, Florida Statutes, is created
344 to read:
345 381.00651 Periodic evaluation and assessment of onsite
346 sewage treatment and disposal systems.—
347 (1) For the purposes of this section, the term "first
348 magnitude spring" means a spring that has a median water
349 discharge of greater than or equal to 100 cubic feet per second
350 for the period of record, as determined by the Department of
351 Environmental Protection.
352 (2) A county or municipality that contains a first
353 magnitude spring shall, by no later than January 1, 2013,
354 develop and adopt by local ordinance an onsite sewage treatment
355 and disposal system evaluation and assessment program which
356 meets the requirements of this section. The ordinance may apply
357 within all or part of its geographic area. Those counties or
358 municipalities containing a first magnitude spring that have
359 already adopted an onsite sewage treatment and disposal system
360 evaluation and assessment program which meet the grandfathering
361 requirements contained in this section, or that have chosen to
362 opt out of this section in the manner provided herein, are
363 exempt from the requirement to adopt an ordinance implementing
364 an evaluation and assessment program. The governing body of a
365 local government that chooses to opt out of this section shall
366 do so by adopting a resolution by majority vote which indicates
367 an intent on the part of such local government not to adopt an
368 onsite sewage treatment and disposal system evaluation and
369 assessment program. Such resolution shall be addressed and
370 transmitted to the Secretary of State. Absent an inter-local
371 agreement or county charter provision to the contrary, a
372 municipality may elect to opt out of the requirements of this
373 section notwithstanding a contrary decision of the governing
374 body of a county. Any local government that has properly opted
375 out of this section but subsequently chooses to adopt an
376 evaluation and assessment program may do so only pursuant to the
377 requirements of this section and may not deviate from such
378 requirements.
379 (3) Any county or municipality that does not contain a
380 first magnitude spring may at any time develop and adopt by
381 local ordinance an onsite sewage treatment and disposal system
382 evaluation and assessment program, provided such program meets
383 and does not deviate from the requirements of this section.
384 (4) Any county or municipality that has adopted such a
385 program before July 1, 2011, may continue to enforce its program
386 without having to meet the requirements of this section,
387 provided such program does not require an evaluation at the
388 point of sale in a real estate transaction.
389 (5) Any county or municipality may repeal an ordinance
390 adopted pursuant to this section only if the county or
391 municipality notifies the Secretary of State by letter of the
392 repeal. No county or municipality may adopt an onsite sewage
393 treatment and disposal system evaluation and assessment program
394 except pursuant to this section.
395 (6) The requirements for an onsite sewage treatment and
396 disposal system evaluation and assessment program are as
397 follows:
398 (a) Evaluations.—An evaluation of each onsite sewage
399 treatment and disposal system within all or part of the county’s
400 or municipality’s jurisdiction must take place once every 5
401 years to assess the fundamental operational condition of the
402 system and to identify system failures. The ordinance may not
403 mandate an evaluation at the point of sale in a real estate
404 transaction and may not require a soil examination. The location
405 of the system shall be identified. A tank and drainfield
406 evaluation and a written assessment of the overall condition of
407 the system pursuant to the assessment procedure prescribed in
408 subsection (7) are required.
409 (b) Qualified contractors.—Each evaluation required under
410 this subsection must be performed by a qualified contractor, who
411 may be a septic tank contractor or master septic tank contractor
412 registered under part III of chapter 489, a professional
413 engineer having wastewater treatment system experience and
414 licensed under chapter 471, or an environmental health
415 professional certified under this chapter in the area of onsite
416 sewage treatment and disposal system evaluation. Evaluations and
417 pump-outs may also be performed by an authorized employee
418 working under the supervision of an individual listed in this
419 paragraph; however, all evaluation forms must be signed by a
420 qualified contractor in writing or by electronic signature.
421 (c) Repair of systems.—The local ordinance may not require
422 a repair, modification, or replacement of a system as a result
423 of an evaluation unless the evaluation identifies a system
424 failure. For purposes of this subsection, the term “system
425 failure” means a condition existing within an onsite sewage
426 treatment and disposal system that results in the discharge of
427 untreated or partially treated wastewater onto the ground
428 surface or into surface water or that results in the failure of
429 building plumbing to discharge properly and presents a sanitary
430 nuisance. A system is not in failure if the system does not have
431 a minimum separation distance between the drainfield and the
432 wettest season water table or if an obstruction in a sanitary
433 line or an effluent screen or filter prevents effluent from
434 flowing into a drainfield. If a system failure is identified and
435 several allowable remedial measures are available to resolve the
436 failure, the system owner may choose the least costly allowable
437 remedial measure to fix the system. There may be instances in
438 which a pump-out is sufficient to resolve a system failure.
439 Allowable remedial measures to resolve a system failure are
440 limited to what is necessary to resolve the failure and must
441 meet, to the maximum extent practicable, the requirements of the
442 repair code in effect when the repair is made, subject to the
443 exceptions specified in s. 381.0065(4)(g). An engineer-designed
444 performance-based treatment system to reduce nutrients may not
445 be required as an alternative remediation measure to resolve the
446 failure of a conventional system.
447 (d) Exemptions.—
448 1. The local ordinance shall exempt from the evaluation
449 requirements any system that is required to obtain an operating
450 permit pursuant to state law or that is inspected by the
451 department pursuant to the annual permit inspection requirements
452 of chapter 513.
453 2. The local ordinance may provide for an exemption or an
454 extension of time to obtain an evaluation and assessment if
455 connection to a sewer system is available, connection to the
456 sewer system is imminent, and written arrangements for payment
457 of any utility assessments or connection fees have been made by
458 the system owner.
459 3. An onsite sewage treatment and disposal system serving a
460 residential dwelling unit on a lot with a ratio of one bedroom
461 per acre or greater is exempt from the requirements of this
462 section and may not be included in any onsite sewage treatment
463 and disposal system inspection program.
464 (7) The following procedures shall be used for conducting
465 evaluations:
466 (a) Tank evaluation.—The tank evaluation shall assess the
467 apparent structural condition and watertightness of the tank and
468 shall estimate the size of the tank. The evaluation must include
469 a pump-out. However, an ordinance may not require a pump-out if
470 there is documentation indicating that a tank pump-out or a
471 permitted new installation, repair, or modification of the
472 system has occurred within the previous 5 years, identifying the
473 capacity of the tank, and indicating that the condition of the
474 tank is structurally sound and watertight. Visual inspection of
475 the tank must be made when the tank is empty to detect cracks,
476 leaks, or other defects. Baffles or tees must be checked to
477 ensure that they are intact and secure. The evaluation shall
478 note the presence and condition of outlet devices, effluent
479 filters, and compartment walls; any structural defect in the
480 tank; the condition and fit of the tank lid, including manholes;
481 whether surface water can infiltrate the tank; and whether the
482 tank was pumped out. If the tank, in the opinion of the
483 qualified contractor, is in danger of being damaged by leaving
484 the tank empty after inspection, the tank shall be refilled
485 before concluding the inspection. Broken or damaged lids or
486 manholes shall be replaced without obtaining a repair permit.
487 (b) Drainfield evaluation.—The drainfield evaluation must
488 include a determination of the approximate size and location of
489 the drainfield. The evaluation shall state whether there is any
490 sewage or effluent visible on the ground or discharging to a
491 ditch or other water body and the location of any downspout or
492 other source of water near or in the vicinity of the drainfield.
493 (c) Special circumstances.—If the system contains pumps,
494 siphons, or alarms, the following information may be provided at
495 the request of the homeowner:
496 1. An assessment of dosing tank integrity, including the
497 approximate volume and the type of material used in the tank’s
498 construction;
499 2. Whether the pump is elevated off the bottom of the
500 chamber and its operational status;
501 3. Whether the system has a check valve and purge hole; and
502 4. Whether the system has a high-water alarm, and if so
503 whether the alarm is audio or visual or both, the location and
504 operational condition of the alarm, and whether the electrical
505 connections to the alarm appear satisfactory.
506 (d) Assessment procedure.—All evaluation procedures used by
507 a qualified contractor shall be documented. The qualified
508 contractor shall provide a copy of a written, signed evaluation
509 report to the property owner upon completion of the evaluation
510 and to the county health department within 30 days after the
511 evaluation. The report shall contain the name and license number
512 of the company providing the report. A copy of the evaluation
513 report shall be retained by the local county health department
514 for a minimum of 5 years and until a subsequent inspection
515 report is filed. The front cover of the report must identify any
516 system failure and include a clear and conspicuous notice to the
517 owner that the owner has a right to have any remediation of the
518 failure performed by a qualified contractor other than the
519 contractor performing the evaluation. The report must further
520 identify any crack, leak, improper fit, or other defect in the
521 tank, manhole, or lid, and any other damaged or missing
522 component; any sewage or effluent visible on the ground or
523 discharging to a ditch or other surface water body; any
524 downspout, stormwater, or other source of water directed onto or
525 toward the system; and any other maintenance need or condition
526 of the system at the time of the evaluation that, in the opinion
527 of the qualified contractor, would possibly interfere with or
528 restrict any future repair or modification to the existing
529 system. The report shall conclude with an overall assessment of
530 the fundamental operational condition of the system.
531 (8) The county health department shall administer any
532 evaluation program on behalf of a county, or a municipality
533 within the county, that has adopted an evaluation program
534 pursuant to this section. In order to administer the evaluation
535 program, the county or municipality, in consultation with the
536 county health department, may develop a reasonable fee schedule
537 to be used solely to pay for the costs of administering the
538 evaluation program. Such a fee schedule shall be identified in
539 the ordinance that adopts the evaluation program. When arriving
540 at a reasonable fee schedule, the estimated annual revenues to
541 be derived from fees may not exceed reasonable estimated annual
542 costs of the program. Fees shall be assessed to the system owner
543 during an inspection and separately identified on the invoice of
544 the qualified contractor. Fees shall be remitted by the
545 qualified contractor to the county health department. The county
546 health department’s administrative responsibilities include the
547 following:
548 (a) Providing a notice to the system owner at least 60 days
549 before the system is due for an evaluation. The notice may
550 include information on the proper maintenance of onsite sewage
551 treatment and disposal systems.
552 (b) In consultation with the Department of Health,
553 providing uniform disciplinary procedures and penalties for
554 qualified contractors who do not comply with the requirements of
555 the adopted ordinance, including, but not limited to, failure to
556 provide the evaluation report as required in this subsection to
557 the system owner and the county health department. Only the
558 county health department may assess penalties against system
559 owners for failure to comply with the adopted ordinance,
560 consistent with existing requirements of law.
561 (c) Developing its own database and tracking systems to
562 encompass evaluation programs adopted by the county or
563 municipalities within its jurisdiction. The database shall also
564 be used to collect, store, and index information obtained from
565 the evaluation reports filed by each qualified contractor with
566 the county health department. The tracking system:
567 1. Must include the ability to collect and store the
568 description, addresses, and locations of the onsite sewage
569 treatment and disposal systems within each jurisdiction; an
570 inventory of the number of onsite sewage treatment and disposal
571 systems within each jurisdiction; and the total number and types
572 of system failures within each jurisdiction.
573 2. May include the ability to collect and store other
574 trends deemed relevant by the county health department resulting
575 from an assessment and evaluation of the overall condition of
576 onsite sewage treatment and disposal systems.
577 3. May be Internet-based.
578 4. May be designed to be used by contractors to report all
579 service and evaluation events and by the county health
580 department to notify owners of onsite sewage treatment and
581 disposal systems when evaluations are due. Data and information
582 shall be recorded and updated as service and evaluations are
583 conducted and reported.
584 (9)(a) A county or municipality that adopts an onsite
585 sewage treatment and disposal system evaluation and assessment
586 program pursuant to this section shall notify the Secretary of
587 Environmental Protection, the Department of Health, and the
588 applicable county health department upon the adoption of its
589 ordinance establishing the program.
590 (b) Upon receipt of the notice under paragraph (a), the
591 Department of Environmental Protection shall, within existing
592 resources, notify the county or municipality of the potential
593 use of, and access to, program funds under the Clean Water State
594 Revolving Fund or s. 319 of the Clean Water Act, provide
595 guidance in the application process to receive such moneys, and
596 provide advice and technical assistance to the county or
597 municipality on how to establish a low-interest revolving loan
598 program or how to model a revolving loan program after the low
599 interest loan program of the Clean Water State Revolving Fund.
600 This paragraph does not obligate the Department of Environmental
601 Protection to provide any county or municipality with money to
602 fund such programs.
603 (c) The Department of Health may not adopt any rule that
604 alters the provisions of this section.
605 (10) This section does not:
606 (a) Derogate or limit county and municipal home rule
607 authority to act outside the scope of the evaluation and
608 assessment program set forth in this section.
609 (b) Repeal or affect any other law relating to the subject
610 matter of this section.
611 (c) Prohibit a county or municipality that has adopted an
612 evaluation and assessment program pursuant to this section from:
613 1. Enforcing existing ordinances or adopting new ordinances
614 relating to onsite sewage treatment facilities to address public
615 health and safety if such ordinances do not repeal, suspend, or
616 alter the requirements or limitations of this section.
617 2. Adopting local environmental and pollution abatement
618 measures for water quality improvement as provided for by law if
619 such measures do not repeal, suspend, or alter the requirements
620 or limitations of this section.
621 3. Exercising its independent and existing authority to use
622 and meet the requirements of s. 381.00655.
623 Section 3. Section 381.00656, Florida Statutes, is
624 repealed.
625 Section 4. Subsection (2) of section 381.0066, Florida
626 Statutes, is amended to read:
627 381.0066 Onsite sewage treatment and disposal systems;
628 fees.—
629 (2) The minimum fees in the following fee schedule apply
630 until changed by rule by the department within the following
631 limits:
632 (a) Application review, permit issuance, or system
633 inspection, including repair of a subsurface, mound, filled, or
634 other alternative system or permitting of an abandoned system: a
635 fee of not less than $25, or more than $125.
636 (b) A 5-year evaluation report submitted pursuant to s.
637 381.0065(5): a fee not less than $15, or more than $30. At least
638 $1 and no more than $5 collected pursuant to this paragraph
639 shall be used to fund a grant program established under s.
640 381.00656.
641 (b)(c) Site evaluation, site reevaluation, evaluation of a
642 system previously in use, or a per annum septage disposal site
643 evaluation: a fee of not less than $40, or more than $115.
644 (c)(d) Biennial Operating permit for aerobic treatment
645 units or performance-based treatment systems: a fee of not more
646 than $100.
647 (d)(e) Annual operating permit for systems located in areas
648 zoned for industrial manufacturing or equivalent uses or where
649 the system is expected to receive wastewater which is not
650 domestic in nature: a fee of not less than $150, or more than
651 $300.
652 (e)(f) Innovative technology: a fee not to exceed $25,000.
653 (f)(g) Septage disposal service, septage stabilization
654 facility, portable or temporary toilet service, tank
655 manufacturer inspection: a fee of not less than $25, or more
656 than $200, per year.
657 (g)(h) Application for variance: a fee of not less than
658 $150, or more than $300.
659 (h)(i) Annual operating permit for waterless, incinerating,
660 or organic waste composting toilets: a fee of not less than $15
661 $50, or more than $30 $150.
662 (i)(j) Aerobic treatment unit or performance-based
663 treatment system maintenance entity permit: a fee of not less
664 than $25, or more than $150, per year.
665 (j)(k) Reinspection fee per visit for site inspection after
666 system construction approval or for noncompliant system
667 installation per site visit: a fee of not less than $25, or more
668 than $100.
669 (k)(l) Research: An additional $5 fee shall be added to
670 each new system construction permit issued to be used to fund
671 onsite sewage treatment and disposal system research,
672 demonstration, and training projects. Five dollars from any
673 repair permit fee collected under this section shall be used for
674 funding the hands-on training centers described in s.
675 381.0065(3)(j).
676 (l)(m) Annual operating permit, including annual inspection
677 and any required sampling and laboratory analysis of effluent,
678 for an engineer-designed performance-based system: a fee of not
679 less than $150, or more than $300.
680
681 On or before January 1, 2011, the Surgeon General, after
682 consultation with the Revenue Estimating Conference, shall
683 determine a revenue neutral fee schedule for services provided
684 pursuant to s. 381.0065(5) within the parameters set in
685 paragraph (b). Such determination is not subject to the
686 provisions of chapter 120. The funds collected pursuant to this
687 subsection must be deposited in a trust fund administered by the
688 department, to be used for the purposes stated in this section
689 and ss. 381.0065 and 381.00655.
690 Section 5. This act shall take effect upon becoming a law.
691
692
693 ================= T I T L E A M E N D M E N T ================
694 And the title is amended as follows:
695 Delete everything before the enacting clause
696 and insert:
697 A bill to be entitled
698 An act relating to ; onsite sewage treatment and disposal
699 systems; amending s. 381.0065, F.S.; deleting legislative
700 intent; defining the term “bedroom”; conforming cross
701 references; providing for any permit issued and approved by the
702 Department of Health for the installation, modification, or
703 repair of an onsite sewage treatment and disposal system to
704 transfer with the title of the property; providing circumstances
705 in which an onsite sewage treatment and disposal system is not
706 considered abandoned; providing for the validity of an onsite
707 sewage treatment and disposal system permit if rules change
708 before final approval of the constructed system; providing that
709 a system modification, replacement, or upgrade is not required
710 unless a bedroom is added to a single-family home; deleting
711 provisions requiring the department to administer an evaluation
712 and assessment program of onsite sewage treatment and disposal
713 systems and requiring property owners to have such systems
714 evaluated at least once every 5 years; deleting obsolete
715 provisions; creating s. 381.00651, F.S.; requiring a county or
716 municipality containing a first magnitude spring to adopt by
717 ordinance, under certain circumstances, the program for the
718 periodic evaluation and assessment of onsite sewage treatment
719 and disposal systems; requiring the county or municipality to
720 notify the Secretary of State of the ordinance; authorizing a
721 county or municipality, in specified circumstances, to opt out
722 of certain requirements by a specified date; authorizing a
723 county or municipality to adopt or repeal, after a specified
724 date, an ordinance creating an evaluation and assessment
725 program; subject to notification of the Secretary of State;
726 providing criteria for evaluations, qualified contractors,
727 repair of systems; providing for certain procedures and
728 exemptions in special circumstances; defining the term “system
729 failure”; requiring that certain procedures be used for
730 conducting tank and drainfield evaluations; providing for
731 certain procedures in special circumstances; providing for
732 assessment procedures; providing requirements for county health
733 departments; requiring the county or municipality to develop a
734 system for tracking the evaluations; providing criteria;
735 requiring counties and municipalities to notify the Secretary of
736 Environmental Protection and the Department of Health that an
737 evaluation program ordinance is adopted; requiring the
738 Department of Environmental Protection to notify those counties
739 or municipalities of the use of, and access to, certain state
740 and federal program funds and to provide certain guidance and
741 technical assistance upon request; prohibiting the adoption of
742 certain rules by the Department of Health; providing
743 applicability; repealing s. 381.00656, F.S., relating to a grant
744 program for the repair of onsite sewage treatment and disposal
745 systems; amending s. 381.0066, F.S.; lowering the fees imposed
746 by the department for certain permits; conforming cross
747 references; providing an effective date.