Florida Senate - 2019 SB 1776
By Senator Bracy
11-01305A-19 20191776__
1 A bill to be entitled
2 An act relating to onsite sewage treatment and
3 disposal systems; removing the exemption from
4 legislative ratification for specified rules; creating
5 s. 381.00653, F.S.; providing definitions; directing
6 the Department of Environmental Protection and the
7 Department of Health, by a specified date, to select a
8 national third-party certification organization to
9 develop a program for issuing innovative system
10 permits; requiring counties to establish onsite sewage
11 treatment and disposal system inspection programs;
12 specifying program requirements; specifying inspection
13 requirements for advanced active septic systems;
14 requiring that systems authorized for installation
15 meet certain certification standards by a specified
16 date; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. The rules exempted from legislative ratification
21 by the passage of HB 7051 in 2012, rules 62-302.200, 62-302.530,
22 62-302.531, 62-302.532, 62-302.800, 62-303.150, 62-303.200, 62
23 303.310, 62-303.330, 62-303.350, 62-303.351, 62-303.352, 62
24 303.353, 62-303.354, 62-303.390, 62-303.420, 62-303.430, 62
25 303.450, 62-303.710, and 62-303.720, Florida Administrative
26 Code, notices of which were published on November 10, 2011, in
27 the Florida Administrative Weekly, Vol. 37, No. 45, pages 3753
28 3775, as approved by the Environmental Regulation Commission on
29 December 8, 2011, and the subsequent changes to proposed rules
30 62-302.200, 62-302.531, 62-302.532, 62-302.800, 62-303.200, 62
31 303.330, 62-303.350, 62-303.351, 62-303.352, 62-303.353, 62
32 303.390, and 62-303.430, Florida Administrative Code, which were
33 published on December 22, 2011, in the Florida Administrative
34 Weekly, Vol. 37, No. 51, pages 4444-4450, and any subsequent
35 rules and rule changes made by the Department of Environmental
36 Protection and the Department of Health under this exemption,
37 are no longer exempt from legislative ratification under s.
38 120.541(3), Florida Statutes.
39 Section 2. Section 381.00653, Florida Statutes, is created
40 to read:
41 381.00653 Innovative system permits.-
42 (1) As used in this section, the term:
43 (a) “Advanced active septic system” means a system that:
44 1. Uses energy to elevate or distribute wastewater and
45 enhance treatment processes as wastewater passes through various
46 processes, such as a septic tank and an optional drainfield; and
47 2. Requires external energy, such as electricity, may use
48 computer boards, such as process control logic components, for
49 timing and batch control, and has mechanical components.
50 (b) “Alternative drainfield products” means components that
51 alter the design, structure, or underlay of a conventional
52 drainfield to enhance the removal of nitrogen.
53 (c) “Innovative system permit” means a permit, pursuant to
54 rule 64E-6.026 (2006), Florida Administrative Code, that is used
55 to facilitate the testing and permitted use of innovative
56 solutions for wastewater treatment that are not included in
57 current certified solutions.
58 (d) “NSF/ANSI standard” means a certification given to
59 products tested by the National Sanitation Foundation and the
60 American National Standards Institute. Septic systems are
61 eligible for three NSF/ANSI standards:
62 1. “NSF/ANSI 40” means the system will produce reductions
63 in carbonaceous biochemical oxygen demand and total suspended
64 solids.
65 2. “NSF/ANSI 245” means the system will produce reductions
66 in carbonaceous biochemical oxygen demand and total suspended
67 solids and at least a 50 percent reduction of nitrogen.
68 3. “NSF/ANSI 360” means the system requires field
69 performance verification 6 months after a minimum of 100 systems
70 are installed inground and 20 systems are tested quarterly for 1
71 year.
72 (e) “Onsite sewage treatment and disposal system” or
73 “conventional passive septic system” means a system that:
74 1. Uses gravity and the position of the wastewater as
75 generated at the source of the wastewater input to transport
76 wastewater through various processes, such as a septic tank and
77 drainfield;
78 2. Uses organisms to treat wastewater and a drainfield to
79 disperse treated water back into the ground;
80 3. Includes 24 inches of soil beneath the drainfield; and
81 4. Does not require electricity, does not have computer
82 boards, and does not have mechanical components.
83 (f) “Passive aerobic treatment system” means a system that
84 is similar to an advanced active septic system except that the
85 removal of nutrients, such as nitrogen, is accomplished without
86 the use of electricity or mechanical components. A passive
87 aerobic treatment system may also be combined with alternative
88 drainfield products.
89 (2)(a) By July 1, 2020, the Department of Environmental
90 Protection and the Department of Health shall select a national
91 third-party certification organization to develop a documented
92 program for issuing an innovative system permit, including
93 establishing requirements for testing and certifying advanced
94 active septic systems, alternative drainfield products, and
95 passive aerobic treatment systems.
96 (b) The third-party certification organization will be
97 responsible for testing and certifying innovative systems and
98 products. Certifications will be based on the NSF/ANSI 40
99 standard and meet the nutrient removal criteria of the NSF/ANSI
100 245 standard.
101 (c) After certification, such innovative systems and
102 products shall be authorized and made available for commercial
103 and residential use in this state.
104 (3) Each county shall establish an onsite sewage treatment
105 and disposal system inspection program that:
106 (a) Maintains a database that identifies the address and
107 type of each onsite sewage treatment and disposal system within
108 its jurisdiction and any records of inspections, maintenance,
109 repairs, and replacements of each such system.
110 (b) Requires conventional passive septic systems and
111 modified conventional passive septic systems to be inspected
112 once every 5 years or upon system failure pursuant to s.
113 381.00651. The county shall perform the inspections on such
114 systems.
115 (c) Requires advanced active septic systems to be inspected
116 as advised by the manufacturer due to their complexity,
117 electricity requirements, and mechanical components. Such
118 inspections shall be performed by the manufacturer’s authorized
119 representative, the installer’s authorized representative, or an
120 authorized dealer or contractor.
121 (4)(a) The inspector of an advanced active septic system
122 shall issue a dated certificate to document the inspection. Such
123 inspection shall consist of:
124 1. A septic tank pump out.
125 2. A visual inspection of containers to ensure
126 watertightness.
127 3. A check of electrical circuits and wiring.
128 4. A check of motors, alarms, and any other mechanical
129 parts.
130 5. A check of computerized parts, as applicable.
131 6. A check of hatches or covers to ensure access and
132 safety.
133 7. A test for carbonaceous biochemical oxygen demand, total
134 suspended solids, and nitrogen reduction per the NSF/ANSI 245
135 standard.
136 (b) The inspector shall upload notice of the inspection to
137 the appropriate county agency database or provide written
138 documentation to the appropriate county agency.
139 (c) The installer’s authorized representative shall upload
140 notice of a new installation, replacement, or repair to the
141 appropriate county agency database or provide written
142 documentation to the appropriate county agency.
143 (5) By January 1, 2022, all advanced active septic systems
144 authorized for installation must meet the NSF/ANSI 360 standard.
145 The results of such certifications shall be made publicly
146 available.
147 Section 3. This act shall take effect upon becoming a law.