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.