Bill Text: FL H0013 | 2011 | Regular Session | Introduced
Bill Title: Onsite Sewage Treatment and Disposal Systems
Spectrum: Partisan Bill (Republican 31-1)
Status: (Engrossed - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0013 Detail]
Download: Florida-2011-H0013-Introduced.html
HB 13 |
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2 | An act relating to onsite sewage treatment and disposal |
3 | systems; amending s. 381.0065, F.S.; revising legislative |
4 | intent; eliminating provisions directing the Department of |
5 | Health to create and administer a statewide septic tank |
6 | evaluation program; eliminating procedures and criteria |
7 | for the evaluation program; repealing s. 381.00656, F.S., |
8 | to terminate the grant program for repair of onsite sewage |
9 | treatment disposal systems identified pursuant to the |
10 | evaluation program, to conform; amending s. 381.0066, |
11 | F.S.; eliminating provisions authorizing the department to |
12 | collect an evaluation report fee; eliminating provisions |
13 | relating to disposition of fee proceeds and a revenue- |
14 | neutral fee schedule; providing an effective date. |
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16 | Be It Enacted by the Legislature of the State of Florida: |
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18 | Section 1. Subsections (1), (5), (6), and (7) of section |
19 | 381.0065, Florida Statutes, are amended to read: |
20 | 381.0065 Onsite sewage treatment and disposal systems; |
21 | regulation.- |
22 | (1) LEGISLATIVE INTENT.- |
23 | (a) It is the intent of the Legislature that proper |
24 | management of onsite sewage treatment and disposal systems is |
25 | paramount to the health, safety, and welfare of the public. |
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30 | (b) It is the intent of the Legislature that where a |
31 | publicly owned or investor-owned sewerage system is not |
32 | available, the department shall issue permits for the |
33 | construction, installation, modification, abandonment, or repair |
34 | of onsite sewage treatment and disposal systems under conditions |
35 | as described in this section and rules adopted under this |
36 | section. It is further the intent of the Legislature that the |
37 | installation and use of onsite sewage treatment and disposal |
38 | systems not adversely affect the public health or significantly |
39 | degrade the groundwater or surface water. |
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111 | (5) |
112 | (a) Department personnel who have reason to believe |
113 | noncompliance exists, may at any reasonable time, enter the |
114 | premises permitted under ss. 381.0065-381.0066, or the business |
115 | premises of any septic tank contractor or master septic tank |
116 | contractor registered under part III of chapter 489, or any |
117 | premises that the department has reason to believe is being |
118 | operated or maintained not in compliance, to determine |
119 | compliance with the provisions of this section, part I of |
120 | chapter 386, or part III of chapter 489 or rules or standards |
121 | adopted under ss. 381.0065-381.0067, part I of chapter 386, or |
122 | part III of chapter 489. As used in this paragraph, the term |
123 | "premises" does not include a residence or private building. To |
124 | gain entry to a residence or private building, the department |
125 | must obtain permission from the owner or occupant or secure an |
126 | inspection warrant from a court of competent jurisdiction. |
127 | (b)1. The department may issue citations that may contain |
128 | an order of correction or an order to pay a fine, or both, for |
129 | violations of ss. 381.0065-381.0067, part I of chapter 386, or |
130 | part III of chapter 489 or the rules adopted by the department, |
131 | when a violation of these sections or rules is enforceable by an |
132 | administrative or civil remedy, or when a violation of these |
133 | sections or rules is a misdemeanor of the second degree. A |
134 | citation issued under ss. 381.0065-381.0067, part I of chapter |
135 | 386, or part III of chapter 489 constitutes a notice of proposed |
136 | agency action. |
137 | 2. A citation must be in writing and must describe the |
138 | particular nature of the violation, including specific reference |
139 | to the provisions of law or rule allegedly violated. |
140 | 3. The fines imposed by a citation issued by the |
141 | department may not exceed $500 for each violation. Each day the |
142 | violation exists constitutes a separate violation for which a |
143 | citation may be issued. |
144 | 4. The department shall inform the recipient, by written |
145 | notice pursuant to ss. 120.569 and 120.57, of the right to an |
146 | administrative hearing to contest the citation within 21 days |
147 | after the date the citation is received. The citation must |
148 | contain a conspicuous statement that if the recipient fails to |
149 | pay the fine within the time allowed, or fails to appear to |
150 | contest the citation after having requested a hearing, the |
151 | recipient has waived the recipient's right to contest the |
152 | citation and must pay an amount up to the maximum fine. |
153 | 5. The department may reduce or waive the fine imposed by |
154 | the citation. In determining whether to reduce or waive the |
155 | fine, the department must consider the gravity of the violation, |
156 | the person's attempts at correcting the violation, and the |
157 | person's history of previous violations including violations for |
158 | which enforcement actions were taken under ss. 381.0065- |
159 | 381.0067, part I of chapter 386, part III of chapter 489, or |
160 | other provisions of law or rule. |
161 | 6. Any person who willfully refuses to sign and accept a |
162 | citation issued by the department commits a misdemeanor of the |
163 | second degree, punishable as provided in s. 775.082 or s. |
164 | 775.083. |
165 | 7. The department, pursuant to ss. 381.0065-381.0067, part |
166 | I of chapter 386, or part III of chapter 489, shall deposit any |
167 | fines it collects in the county health department trust fund for |
168 | use in providing services specified in those sections. |
169 | 8. This section provides an alternative means of enforcing |
170 | ss. 381.0065-381.0067, part I of chapter 386, and part III of |
171 | chapter 489. This section does not prohibit the department from |
172 | enforcing ss. 381.0065-381.0067, part I of chapter 386, or part |
173 | III of chapter 489, or its rules, by any other means. However, |
174 | the department must elect to use only a single method of |
175 | enforcement for each violation. |
176 | (6) |
177 | January 1, 2016, the land application of septage from onsite |
178 | sewage treatment and disposal systems is prohibited. By February |
179 | 1, 2011, the department, in consultation with the Department of |
180 | Environmental Protection, shall provide a report to the |
181 | Governor, the President of the Senate, and the Speaker of the |
182 | House of Representatives, recommending alternative methods to |
183 | establish enhanced treatment levels for the land application of |
184 | septage from onsite sewage and disposal systems. The report |
185 | shall include, but is not limited to, a schedule for the |
186 | reduction in land application, appropriate treatment levels, |
187 | alternative methods for treatment and disposal, enhanced |
188 | application site permitting requirements including any |
189 | requirements for nutrient management plans, and the range of |
190 | costs to local governments, affected businesses, and individuals |
191 | for alternative treatment and disposal methods. The report shall |
192 | also include any recommendations for legislation or rule |
193 | authority needed to reduce land application of septage. |
194 | Section 2. Section 381.00656, Florida Statutes, is |
195 | repealed: |
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214 | Section 3. Subsection (2) of section 381.0066, Florida |
215 | Statutes, is amended to read: |
216 | 381.0066 Onsite sewage treatment and disposal systems; |
217 | fees.- |
218 | (2) The minimum fees in the following fee schedule apply |
219 | until changed by rule by the department within the following |
220 | limits: |
221 | (a) Application review, permit issuance, or system |
222 | inspection, including repair of a subsurface, mound, filled, or |
223 | other alternative system or permitting of an abandoned system: a |
224 | fee of not less than $25, or more than $125. |
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230 | (b) |
231 | system previously in use, or a per annum septage disposal site |
232 | evaluation: a fee of not less than $40, or more than $115. |
233 | (c) |
234 | units or performance-based treatment systems: a fee of not more |
235 | than $100. |
236 | (d) |
237 | areas zoned for industrial manufacturing or equivalent uses or |
238 | where the system is expected to receive wastewater which is not |
239 | domestic in nature: a fee of not less than $150, or more than |
240 | $300. |
241 | (e) |
242 | (f) |
243 | facility, portable or temporary toilet service, tank |
244 | manufacturer inspection: a fee of not less than $25, or more |
245 | than $200, per year. |
246 | (g) |
247 | $150, or more than $300. |
248 | (h) |
249 | incinerating, or organic waste composting toilets: a fee of not |
250 | less than $50, or more than $150. |
251 | (i) |
252 | treatment system maintenance entity permit: a fee of not less |
253 | than $25, or more than $150, per year. |
254 | (j) |
255 | after system construction approval or for noncompliant system |
256 | installation per site visit: a fee of not less than $25, or more |
257 | than $100. |
258 | (k) |
259 | each new system construction permit issued to be used to fund |
260 | onsite sewage treatment and disposal system research, |
261 | demonstration, and training projects. Five dollars from any |
262 | repair permit fee collected under this section shall be used for |
263 | funding the hands-on training centers described in s. |
264 | 381.0065(3)(j). |
265 | (l) |
266 | inspection and any required sampling and laboratory analysis of |
267 | effluent, for an engineer-designed performance-based system: a |
268 | fee of not less than $150, or more than $300. |
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276 | subsection must be deposited in a trust fund administered by the |
277 | department, to be used for the purposes stated in this section |
278 | and ss. 381.0065 and 381.00655. |
279 | Section 4. This act shall take effect upon becoming a law. |
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