Bill Text: FL S0082 | 2011 | Regular Session | Introduced


Bill Title: Onsite Sewage Treatment and Disposal Systems

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0082 Detail]

Download: Florida-2011-S0082-Introduced.html
       Florida Senate - 2011                                      SB 82
       
       
       
       By Senators Lynn and Dean
       
       
       
       
       7-00076-11                                              201182__
    1                        A bill to be entitled                      
    2         An act relating to onsite sewage treatment and
    3         disposal systems; amending s. 381.0065, F.S.; revising
    4         legislative intent; eliminating provisions directing
    5         the Department of Health to create and administer a
    6         statewide septic tank evaluation program; eliminating
    7         procedures and criteria for the evaluation program;
    8         amending s. 381.0066, F.S.; eliminating provisions
    9         authorizing the department to collect an evaluation
   10         report fee; eliminating provisions relating to
   11         disposition of fee proceeds and a revenue-neutral fee
   12         schedule; repealing s. 381.00656, F.S., to terminate
   13         the grant program for repair of onsite sewage
   14         treatment disposal systems identified pursuant to the
   15         evaluation program, to conform; providing an effective
   16         date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsections (1), (5), (6), and (7) of section
   21  381.0065, Florida Statutes, are amended to read:
   22         381.0065 Onsite sewage treatment and disposal systems;
   23  regulation.—
   24         (1) LEGISLATIVE INTENT.—
   25         (a) It is the intent of the Legislature that proper
   26  management of onsite sewage treatment and disposal systems is
   27  paramount to the health, safety, and welfare of the public. It
   28  is further the intent of the Legislature that the department
   29  shall administer an evaluation program to ensure the operational
   30  condition of the system and identify any failure with the
   31  system.
   32         (b) It is the intent of the Legislature that where a
   33  publicly owned or investor-owned sewerage system is not
   34  available, the department shall issue permits for the
   35  construction, installation, modification, abandonment, or repair
   36  of onsite sewage treatment and disposal systems under conditions
   37  as described in this section and rules adopted under this
   38  section. It is further the intent of the Legislature that the
   39  installation and use of onsite sewage treatment and disposal
   40  systems not adversely affect the public health or significantly
   41  degrade the groundwater or surface water.
   42         (5) EVALUATION AND ASSESSMENT.—
   43         (a) Beginning January 1, 2011, the department shall
   44  administer an onsite sewage treatment and disposal system
   45  evaluation program for the purpose of assessing the fundamental
   46  operational condition of systems and identifying any failures
   47  within the systems. The department shall adopt rules
   48  implementing the program standards, procedures, and
   49  requirements, including, but not limited to, a schedule for a 5
   50  year evaluation cycle, requirements for the pump-out of a system
   51  or repair of a failing system, enforcement procedures for
   52  failure of a system owner to obtain an evaluation of the system,
   53  and failure of a contractor to timely submit evaluation results
   54  to the department and the system owner. The department shall
   55  ensure statewide implementation of the evaluation and assessment
   56  program by January 1, 2016.
   57         (b) Owners of an onsite sewage treatment and disposal
   58  system, excluding a system that is required to obtain an
   59  operating permit, shall have the system evaluated at least once
   60  every 5 years to assess the fundamental operational condition of
   61  the system, and identify any failure within the system.
   62         (c) All evaluation procedures must be documented and
   63  nothing in this subsection limits the amount of detail an
   64  evaluator may provide at his or her professional discretion. The
   65  evaluation must include a tank and drainfield evaluation, a
   66  written assessment of the condition of the system, and, if
   67  necessary, a disclosure statement pursuant to the department’s
   68  procedure.
   69         (d)1. Systems being evaluated that were installed prior to
   70  January 1, 1983, shall meet a minimum 6-inch separation from the
   71  bottom of the drainfield to the wettest season water table
   72  elevation as defined by department rule. All drainfield repairs,
   73  replacements or modifications to systems installed prior to
   74  January 1, 1983, shall meet a minimum 12-inch separation from
   75  the bottom of the drainfield to the wettest season water table
   76  elevation as defined by department rule.
   77         2. Systems being evaluated that were installed on or after
   78  January 1, 1983, shall meet a minimum 12-inch separation from
   79  the bottom of the drainfield to the wettest season water table
   80  elevation as defined by department rule. All drainfield repairs,
   81  replacements or modification to systems developed on or after
   82  January 1, 1983, shall meet a minimum 24-inch separation from
   83  the bottom of the drainfield to the wettest season water table
   84  elevation.
   85         (e) If documentation of a tank pump-out or a permitted new
   86  installation, repair, or modification of the system within the
   87  previous 5 years is provided, and states the capacity of the
   88  tank and indicates that the condition of the tank is not a
   89  sanitary or public health nuisance pursuant to department rule,
   90  a pump-out of the system is not required.
   91         (f) Owners are responsible for paying the cost of any
   92  required pump-out, repair, or replacement pursuant to department
   93  rule, and may not request partial evaluation or the omission of
   94  portions of the evaluation.
   95         (g) Each evaluation or pump-out required under this
   96  subsection must be performed by a septic tank contractor or
   97  master septic tank contractor registered under part III of
   98  chapter 489, a professional engineer with wastewater treatment
   99  system experience licensed pursuant to chapter 471, or an
  100  environmental health professional certified under chapter 381 in
  101  the area of onsite sewage treatment and disposal system
  102  evaluation.
  103         (h) The evaluation report fee collected pursuant to s.
  104  381.0066(2)(b) shall be remitted to the department by the
  105  evaluator at the time the report is submitted.
  106         (i) Prior to any evaluation deadline, the department must
  107  provide a minimum of 60 days’ notice to owners that their
  108  systems must be evaluated by that deadline. The department may
  109  include a copy of any homeowner educational materials developed
  110  pursuant to this section which provides information on the
  111  proper maintenance of onsite sewage treatment and disposal
  112  systems.
  113         (5)(6) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.—
  114         (a) Department personnel who have reason to believe
  115  noncompliance exists, may at any reasonable time, enter the
  116  premises permitted under ss. 381.0065-381.0066, or the business
  117  premises of any septic tank contractor or master septic tank
  118  contractor registered under part III of chapter 489, or any
  119  premises that the department has reason to believe is being
  120  operated or maintained not in compliance, to determine
  121  compliance with the provisions of this section, part I of
  122  chapter 386, or part III of chapter 489 or rules or standards
  123  adopted under ss. 381.0065-381.0067, part I of chapter 386, or
  124  part III of chapter 489. As used in this paragraph, the term
  125  “premises” does not include a residence or private building. To
  126  gain entry to a residence or private building, the department
  127  must obtain permission from the owner or occupant or secure an
  128  inspection warrant from a court of competent jurisdiction.
  129         (b)1. The department may issue citations that may contain
  130  an order of correction or an order to pay a fine, or both, for
  131  violations of ss. 381.0065-381.0067, part I of chapter 386, or
  132  part III of chapter 489 or the rules adopted by the department,
  133  when a violation of these sections or rules is enforceable by an
  134  administrative or civil remedy, or when a violation of these
  135  sections or rules is a misdemeanor of the second degree. A
  136  citation issued under ss. 381.0065-381.0067, part I of chapter
  137  386, or part III of chapter 489 constitutes a notice of proposed
  138  agency action.
  139         2. A citation must be in writing and must describe the
  140  particular nature of the violation, including specific reference
  141  to the provisions of law or rule allegedly violated.
  142         3. The fines imposed by a citation issued by the department
  143  may not exceed $500 for each violation. Each day the violation
  144  exists constitutes a separate violation for which a citation may
  145  be issued.
  146         4. The department shall inform the recipient, by written
  147  notice pursuant to ss. 120.569 and 120.57, of the right to an
  148  administrative hearing to contest the citation within 21 days
  149  after the date the citation is received. The citation must
  150  contain a conspicuous statement that if the recipient fails to
  151  pay the fine within the time allowed, or fails to appear to
  152  contest the citation after having requested a hearing, the
  153  recipient has waived the recipient’s right to contest the
  154  citation and must pay an amount up to the maximum fine.
  155         5. The department may reduce or waive the fine imposed by
  156  the citation. In determining whether to reduce or waive the
  157  fine, the department must consider the gravity of the violation,
  158  the person’s attempts at correcting the violation, and the
  159  person’s history of previous violations including violations for
  160  which enforcement actions were taken under ss. 381.0065
  161  381.0067, part I of chapter 386, part III of chapter 489, or
  162  other provisions of law or rule.
  163         6. Any person who willfully refuses to sign and accept a
  164  citation issued by the department commits a misdemeanor of the
  165  second degree, punishable as provided in s. 775.082 or s.
  166  775.083.
  167         7. The department, pursuant to ss. 381.0065-381.0067, part
  168  I of chapter 386, or part III of chapter 489, shall deposit any
  169  fines it collects in the county health department trust fund for
  170  use in providing services specified in those sections.
  171         8. This section provides an alternative means of enforcing
  172  ss. 381.0065-381.0067, part I of chapter 386, and part III of
  173  chapter 489. This section does not prohibit the department from
  174  enforcing ss. 381.0065-381.0067, part I of chapter 386, or part
  175  III of chapter 489, or its rules, by any other means. However,
  176  the department must elect to use only a single method of
  177  enforcement for each violation.
  178         (6)(7) LAND APPLICATION OF SEPTAGE PROHIBITED.—Effective
  179  January 1, 2016, the land application of septage from onsite
  180  sewage treatment and disposal systems is prohibited. By February
  181  1, 2011, the department, in consultation with the Department of
  182  Environmental Protection, shall provide a report to the
  183  Governor, the President of the Senate, and the Speaker of the
  184  House of Representatives, recommending alternative methods to
  185  establish enhanced treatment levels for the land application of
  186  septage from onsite sewage and disposal systems. The report
  187  shall include, but is not limited to, a schedule for the
  188  reduction in land application, appropriate treatment levels,
  189  alternative methods for treatment and disposal, enhanced
  190  application site permitting requirements including any
  191  requirements for nutrient management plans, and the range of
  192  costs to local governments, affected businesses, and individuals
  193  for alternative treatment and disposal methods. The report shall
  194  also include any recommendations for legislation or rule
  195  authority needed to reduce land application of septage.
  196         Section 2. Subsection (2) of section 381.0066, Florida
  197  Statutes, is amended to read:
  198         381.0066 Onsite sewage treatment and disposal systems;
  199  fees.—
  200         (2) The minimum fees in the following fee schedule apply
  201  until changed by rule by the department within the following
  202  limits:
  203         (a) Application review, permit issuance, or system
  204  inspection, including repair of a subsurface, mound, filled, or
  205  other alternative system or permitting of an abandoned system: a
  206  fee of not less than $25, or more than $125.
  207         (b) A 5-year evaluation report submitted pursuant to s.
  208  381.0065(5): a fee not less than $15, or more than $30. At least
  209  $1 and no more than $5 collected pursuant to this paragraph
  210  shall be used to fund a grant program established under s.
  211  381.00656.
  212         (b)(c) Site evaluation, site reevaluation, evaluation of a
  213  system previously in use, or a per annum septage disposal site
  214  evaluation: a fee of not less than $40, or more than $115.
  215         (c)(d) Biennial Operating permit for aerobic treatment
  216  units or performance-based treatment systems: a fee of not more
  217  than $100.
  218         (d)(e) Annual operating permit for systems located in areas
  219  zoned for industrial manufacturing or equivalent uses or where
  220  the system is expected to receive wastewater which is not
  221  domestic in nature: a fee of not less than $150, or more than
  222  $300.
  223         (e)(f) Innovative technology: a fee not to exceed $25,000.
  224         (f)(g) Septage disposal service, septage stabilization
  225  facility, portable or temporary toilet service, tank
  226  manufacturer inspection: a fee of not less than $25, or more
  227  than $200, per year.
  228         (g)(h) Application for variance: a fee of not less than
  229  $150, or more than $300.
  230         (h)(i) Annual operating permit for waterless, incinerating,
  231  or organic waste composting toilets: a fee of not less than $50,
  232  or more than $150.
  233         (i)(j) Aerobic treatment unit or performance-based
  234  treatment system maintenance entity permit: a fee of not less
  235  than $25, or more than $150, per year.
  236         (j)(k) Reinspection fee per visit for site inspection after
  237  system construction approval or for noncompliant system
  238  installation per site visit: a fee of not less than $25, or more
  239  than $100.
  240         (k)(l) Research: An additional $5 fee shall be added to
  241  each new system construction permit issued to be used to fund
  242  onsite sewage treatment and disposal system research,
  243  demonstration, and training projects. Five dollars from any
  244  repair permit fee collected under this section shall be used for
  245  funding the hands-on training centers described in s.
  246  381.0065(3)(j).
  247         (l)(m) Annual operating permit, including annual inspection
  248  and any required sampling and laboratory analysis of effluent,
  249  for an engineer-designed performance-based system: a fee of not
  250  less than $150, or more than $300.
  251  
  252  On or before January 1, 2011, the Surgeon General, after
  253  consultation with the Revenue Estimating Conference, shall
  254  determine a revenue neutral fee schedule for services provided
  255  pursuant to s. 381.0065(5) within the parameters set in
  256  paragraph (b). Such determination is not subject to the
  257  provisions of chapter 120. The funds collected pursuant to this
  258  subsection must be deposited in a trust fund administered by the
  259  department, to be used for the purposes stated in this section
  260  and ss. 381.0065 and 381.00655.
  261         Section 3. Section 381.00656, Florida Statutes, is
  262  repealed.
  263         Section 4. This act shall take effect upon becoming a law.

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