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.
   18  Be It Enacted by the Legislature of the State of Florida:
   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         381.00653Innovative 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.