Florida Senate - 2021                             CS for SB 1058
       
       
        
       By the Committee on Environment and Natural Resources; and
       Senator Burgess
       
       
       
       
       592-02885-21                                          20211058c1
    1                        A bill to be entitled                      
    2         An act relating to sanitary sewer lateral inspection
    3         programs; amending ss. 125.569 and 166.0481, F.S.;
    4         defining the term “continuous monolithic pipe system”;
    5         authorizing counties and municipalities, respectively,
    6         to access sanitary sewer laterals within their
    7         jurisdiction for specified purposes; requiring
    8         counties and municipalities to notify private property
    9         owners within a specified timeframe if the county or
   10         municipality intends to access the owner’s sanitary
   11         sewer lateral; providing that counties and
   12         municipalities that establish programs are legally and
   13         financially responsible for all work done; requiring
   14         counties and municipalities that establish programs to
   15         consider economical methods for the counties and
   16         municipalities, rather than the property owners, to
   17         complete such work; authorizing a program established
   18         by a county or a municipality to evaluate and
   19         rehabilitate sanitary sewer laterals on residential
   20         and commercial properties to use state or local funds
   21         allocated for environmental preservation or the
   22         protection of water quality; providing an effective
   23         date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Section 125.569, Florida Statutes, is amended to
   28  read:
   29         125.569 County sanitary sewer lateral inspections
   30  inspection programs for counties.—
   31         (1) As used in this section, the term:
   32         (a) “Sanitary sewer lateral” means a privately owned
   33  pipeline connecting a property to the main sewer line which is
   34  maintained and repaired by the property owner.
   35         (b)“Continuous monolithic pipe system” means a pipe system
   36  with no joints or seams anywhere, including all points where it
   37  connects to the structure, the mainline, and the cleanout.
   38         (2) A county may access any sanitary sewer lateral within
   39  its jurisdiction to investigate, clean, repair, recondition, or
   40  replace the sanitary sewer lateral.
   41         (3)By July 1, 2022, Each county is encouraged to establish
   42  an evaluation and rehabilitation program for sanitary sewer
   43  laterals on residential and commercial properties within the
   44  county’s jurisdiction to identify and reduce extraneous flow
   45  from leaking sanitary sewer laterals. At a minimum, the program
   46  may do all of the following:
   47         (a) Establish a system to identify defective, damaged, or
   48  deteriorated sanitary sewer laterals on residential and
   49  commercial properties within the jurisdiction of the county. If
   50  a county identifies a defective, damaged, or deteriorated
   51  sanitary sewer lateral and initiates a program to eliminate
   52  extraneous flow, the county:
   53         1.Shall notify the property owner of the issue by
   54  certified mail, return receipt requested. The notice must
   55  specify that within 14 days after receiving the notice, the
   56  county intends to access the owner’s property to address the
   57  defective, damaged, or deteriorated sanitary sewer lateral. The
   58  notice must identify the issue, inform the property owner that
   59  he or she will be indemnified and held harmless in the repair
   60  process, and provide a proposed timeline and plan for the
   61  duration of the project, including start and completion dates.
   62         2.Is responsible for any repair work done on the private
   63  property. If any disruption of the property is necessary to
   64  access the sanitary sewer lateral, the county shall ensure that
   65  the property is restored to at least its pre-work conditions
   66  after the repair is complete. Any repair work done to a sanitary
   67  sewer lateral must meet all of the following requirements:
   68         a.Provide one continuous monolithic pipe system. The
   69  connections for the structure, mainline, and cleanout must be
   70  installed and integrated into the continuous monolithic pipe
   71  system by a Florida-licensed plumber; and
   72         b.Be inspected using a lateral launch or similar CCTV
   73  camera system conducted by a Pipeline Assessment Certification
   74  Program (PACP)- and Lateral Assessment and Certification Program
   75  (LACP)-certified camera operator. The contractor must produce
   76  and provide the county with a PACP- and LACP-certified report
   77  describing the conditions of the continuous monolithic pipe
   78  system and the respective connections to the main sewer pipe and
   79  the structure.
   80         (b) Consider economical methods for the county a property
   81  owner to repair or replace a defective, damaged, or deteriorated
   82  sanitary sewer lateral.
   83         (c) Establish and maintain a publicly accessible database
   84  to store information concerning properties where a defective,
   85  damaged, or deteriorated sanitary sewer lateral has been
   86  identified. For each property, the database must include, but is
   87  not limited to, the address of the property, the names of any
   88  persons the county notified concerning the faulty sanitary sewer
   89  lateral, and the date and method of such notification.
   90         (d)Use state or local funds allocated for the purpose of
   91  environmental preservation or the protection of water quality.
   92         Section 2. Section 166.0481, Florida Statutes, is amended
   93  to read:
   94         166.0481 Municipal sanitary sewer lateral inspections
   95  inspection programs for municipalities.—
   96         (1) As used in this section, the term:
   97         (a) “Sanitary sewer lateral” means a privately owned
   98  pipeline connecting a property to the main sewer line which is
   99  maintained and repaired by the property owner.
  100         (b)“Continuous monolithic pipe system” means a pipe system
  101  with no joints or seams anywhere, including all points where it
  102  connects to the structure, the mainline, and the cleanout.
  103         (2) A municipality may access any sanitary sewer lateral
  104  within its jurisdiction to investigate, clean, repair,
  105  recondition, or replace the sanitary sewer lateral.
  106         (3)By July 1, 2022, Each municipality is encouraged to
  107  establish an evaluation and rehabilitation program for sanitary
  108  sewer laterals on residential and commercial properties within
  109  the municipality’s jurisdiction to identify and reduce
  110  extraneous flow from leaking sanitary sewer laterals. At a
  111  minimum, the program may do all of the following:
  112         (a) Establish a system to identify defective, damaged, or
  113  deteriorated sanitary sewer laterals on residential and
  114  commercial properties within the jurisdiction of the
  115  municipality. If a municipality identifies such a defective,
  116  damaged, or deteriorated sanitary sewer lateral and initiates a
  117  program to eliminate extraneous flow, the municipality:
  118         1.Shall notify the property owner of the issue by
  119  certified mail, return receipt requested. The notice must
  120  specify that within 14 days after receiving the notice, the
  121  municipality intends to access the owner’s property to address
  122  the defective, damaged, or deteriorated sanitary sewer lateral.
  123  The notice must identify the issue, inform the property owner
  124  that he or she will be indemnified and held harmless in the
  125  repair process, and provide a proposed timeline and plan for the
  126  duration of the project, including start and completion dates.
  127         2.Is responsible for any repair work done on the private
  128  property. If any disruption of the property is necessary to
  129  access the sanitary sewer lateral, the municipality must ensure
  130  that the property is restored to at least its pre-work
  131  conditions after the repair is complete. Any repair work done to
  132  a sanitary sewer lateral must meet all of the following
  133  requirements:
  134         a.Provide one continuous monolithic pipe system. The
  135  connections for the structure, mainline, and cleanout must be
  136  installed and integrated into the continuous monolithic pipe
  137  system by a Florida-licensed plumber; and
  138         b.Be inspected using a lateral launch or similar CCTV
  139  camera system and conducted by a Pipeline Assessment
  140  Certification Program (PACP)- and Lateral Assessment and
  141  Certification Program (LACP)-certified camera operator. The
  142  contractor must produce and provide the county with a PACP- and
  143  LACP-certified report stating the conditions of the continuous
  144  monolithic pipe system and the respective connections to the
  145  main sewer pipe and the structure.
  146         (b) Consider economical methods for the municipality a
  147  property owner to repair or replace a defective, damaged, or
  148  deteriorated sanitary sewer lateral.
  149         (c) Establish and maintain a publicly accessible database
  150  to store information concerning properties where a defective,
  151  damaged, or deteriorated sanitary sewer lateral has been
  152  identified. For each property, the database must include, but is
  153  not limited to, the address of the property, the names of any
  154  persons the municipality notified concerning the faulty sanitary
  155  sewer lateral, and the date and method of such notification.
  156         (d)Use state or local funds allocated for the purpose of
  157  environmental preservation or the protection of water quality.
  158         Section 3. This act shall take effect July 1, 2021.