Bill Text: FL S0820 | 2012 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Onsite Sewage Treatment and Disposal Systems
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-09 - Died on Calendar, companion bill(s) passed, see CS/CS/CS/HB 1263 (Ch. [S0820 Detail]
Download: Florida-2012-S0820-Comm_Sub.html
Bill Title: Onsite Sewage Treatment and Disposal Systems
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-09 - Died on Calendar, companion bill(s) passed, see CS/CS/CS/HB 1263 (Ch. [S0820 Detail]
Download: Florida-2012-S0820-Comm_Sub.html
Florida Senate - 2012 CS for CS for SB 820 By the Committees on Health Regulation; and Environmental Preservation and Conservation; and Senator Dean 588-02712A-12 2012820c2 1 A bill to be entitled 2 An act relating to onsite sewage treatment and 3 disposal systems; amending s. 381.0065, F.S.; deleting 4 legislative intent; defining the term “bedroom”; 5 conforming cross-references; providing for any permit 6 issued and approved by the Department of Health for 7 the installation, modification, or repair of an onsite 8 sewage treatment and disposal system to transfer with 9 the title of the property; providing circumstances in 10 which an onsite sewage treatment and disposal system 11 is not considered abandoned; providing for the 12 validity of an onsite sewage treatment and disposal 13 system permit if rules change before final approval of 14 the constructed system, under certain conditions; 15 providing that a system modification, replacement, or 16 upgrade is not required unless a bedroom is added to a 17 single-family home; deleting provisions requiring the 18 department to administer an evaluation and assessment 19 program of onsite sewage treatment and disposal 20 systems and requiring property owners to have such 21 systems evaluated at least once every 5 years; 22 deleting obsolete provisions; creating s. 381.00651, 23 F.S.; requiring a county or municipality containing a 24 first magnitude spring to adopt by ordinance, under 25 certain circumstances, the program for the periodic 26 evaluation and assessment of onsite sewage treatment 27 and disposal systems; requiring the county or 28 municipality to notify the Secretary of State of the 29 ordinance; authorizing a county or municipality, in 30 specified circumstances, to opt out by a majority plus 31 one vote of certain requirements by a specified date; 32 authorizing a county or municipality to adopt or 33 repeal, after a specified date, an ordinance creating 34 an evaluation and assessment program, subject to 35 notification of the Secretary of State; providing 36 criteria for evaluations, qualified contractors, and 37 repair of systems; providing for certain procedures 38 and exemptions in special circumstances; defining the 39 term “system failure”; requiring that certain 40 procedures be used for conducting tank and drainfield 41 evaluations; providing for certain procedures in 42 special circumstances; providing for contractor 43 immunity from liability under certain conditions; 44 providing for assessment procedures; providing 45 requirements for county health departments; requiring 46 the Department of Health to allow county health 47 departments and qualified contractors to access the 48 state database to track data and evaluation reports; 49 requiring counties and municipalities to notify the 50 Secretary of Environmental Protection and the 51 Department of Health when an evaluation program 52 ordinance is adopted; requiring the Department of 53 Environmental Protection to notify those counties or 54 municipalities of the use of, and access to, certain 55 state and federal program funds and to provide certain 56 guidance and technical assistance upon request; 57 prohibiting the adoption of certain rules by the 58 Department of Health; providing for applicability; 59 repealing s. 381.00656, F.S., relating to a grant 60 program for the repair of onsite sewage treatment and 61 disposal systems; amending s. 381.0066, F.S.; lowering 62 the fees imposed by the department for certain 63 permits; conforming cross-references; providing an 64 effective date. 65 66 Be It Enacted by the Legislature of the State of Florida: 67 68 Section 1. Subsections (1), (5), (6), and (7) of section 69 381.0065, Florida Statues, are amended, paragraphs (b) through 70 (p) of subsection (2) of that section are redesignated as 71 paragraphs (c) through (q), respectively, a new paragraph (b) is 72 added to that subsection, paragraph (j) of subsection (3) and 73 paragraph (n) of subsection (4) of that section are amended, and 74 paragraphs (w) through (z) are added to subsection (4) of that 75 section, to read: 76 381.0065 Onsite sewage treatment and disposal systems; 77 regulation.— 78 (1) LEGISLATIVE INTENT.— 79 (a) It is the intent of the Legislature that proper 80 management of onsite sewage treatment and disposal systems is 81 paramount to the health, safety, and welfare of the public.It82is further the intent of the Legislature that the department83shall administer an evaluation program to ensure the operational84condition of the system and identify any failure with the85system.86(b)It is the intent of the Legislature that where a 87 publicly owned or investor-owned sewerage system is not 88 available, the department shall issue permits for the 89 construction, installation, modification, abandonment, or repair 90 of onsite sewage treatment and disposal systems under conditions 91 as described in this section and rules adopted under this 92 section. It is further the intent of the Legislature that the 93 installation and use of onsite sewage treatment and disposal 94 systems not adversely affect the public health or significantly 95 degrade the groundwater or surface water. 96 (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the 97 term: 98 (b)1. “Bedroom” means a room that can be used for sleeping 99 and that: 100 a. For site-built dwellings, has a minimum of 70 square 101 feet of conditioned space; 102 b. For manufactured homes, is constructed according to 103 standards of the United States Department of Housing and Urban 104 Development and has a minimum of 50 square feet of floor area; 105 c. Is located along an exterior wall; 106 d. Has a closet and a door or an entrance where a door 107 could be reasonably installed; and 108 e. Has an emergency means of escape and rescue opening to 109 the outside. 110 2. A room may not be considered a bedroom if it is used to 111 access another room except a bathroom or closet. 112 3. “Bedroom” does not include a hallway, bathroom, kitchen, 113 living room, family room, dining room, den, breakfast nook, 114 pantry, laundry room, sunroom, recreation room, media/video 115 room, or exercise room. 116 (3) DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.—The 117 department shall: 118 (j) Supervise research on, demonstration of, and training 119 on the performance, environmental impact, and public health 120 impact of onsite sewage treatment and disposal systems within 121 this state. Research fees collected under s. 381.0066(2)(k) 122381.0066(2)(l)must be used to develop and fund hands-on 123 training centers designed to provide practical information about 124 onsite sewage treatment and disposal systems to septic tank 125 contractors, master septic tank contractors, contractors, 126 inspectors, engineers, and the public and must also be used to 127 fund research projects which focus on improvements of onsite 128 sewage treatment and disposal systems, including use of 129 performance-based standards and reduction of environmental 130 impact. Research projects shall be initially approved by the 131 technical review and advisory panel and shall be applicable to 132 and reflect the soil conditions specific to Florida. Such 133 projects shall be awarded through competitive negotiation, using 134 the procedures provided in s. 287.055, to public or private 135 entities that have experience in onsite sewage treatment and 136 disposal systems in Florida and that are principally located in 137 Florida. Research projects shall not be awarded to firms or 138 entities that employ or are associated with persons who serve on 139 either the technical review and advisory panel or the research 140 review and advisory committee. 141 (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not 142 construct, repair, modify, abandon, or operate an onsite sewage 143 treatment and disposal system without first obtaining a permit 144 approved by the department. The department may issue permits to 145 carry out this section, but shall not make the issuance of such 146 permits contingent upon prior approval by the Department of 147 Environmental Protection, except that the issuance of a permit 148 for work seaward of the coastal construction control line 149 established under s. 161.053 shall be contingent upon receipt of 150 any required coastal construction control line permit from the 151 Department of Environmental Protection. A construction permit is 152 valid for 18 months from the issuance date and may be extended 153 by the department for one 90-day period under rules adopted by 154 the department. A repair permit is valid for 90 days from the 155 date of issuance. An operating permit must be obtained prior to 156 the use of any aerobic treatment unit or if the establishment 157 generates commercial waste. Buildings or establishments that use 158 an aerobic treatment unit or generate commercial waste shall be 159 inspected by the department at least annually to assure 160 compliance with the terms of the operating permit. The operating 161 permit for a commercial wastewater system is valid for 1 year 162 from the date of issuance and must be renewed annually. The 163 operating permit for an aerobic treatment unit is valid for 2 164 years from the date of issuance and must be renewed every 2 165 years. If all information pertaining to the siting, location, 166 and installation conditions or repair of an onsite sewage 167 treatment and disposal system remains the same, a construction 168 or repair permit for the onsite sewage treatment and disposal 169 system may be transferred to another person, if the transferee 170 files, within 60 days after the transfer of ownership, an 171 amended application providing all corrected information and 172 proof of ownership of the property. There is no fee associated 173 with the processing of this supplemental information. A person 174 may not contract to construct, modify, alter, repair, service, 175 abandon, or maintain any portion of an onsite sewage treatment 176 and disposal system without being registered under part III of 177 chapter 489. A property owner who personally performs 178 construction, maintenance, or repairs to a system serving his or 179 her own owner-occupied single-family residence is exempt from 180 registration requirements for performing such construction, 181 maintenance, or repairs on that residence, but is subject to all 182 permitting requirements. A municipality or political subdivision 183 of the state may not issue a building or plumbing permit for any 184 building that requires the use of an onsite sewage treatment and 185 disposal system unless the owner or builder has received a 186 construction permit for such system from the department. A 187 building or structure may not be occupied and a municipality, 188 political subdivision, or any state or federal agency may not 189 authorize occupancy until the department approves the final 190 installation of the onsite sewage treatment and disposal system. 191 A municipality or political subdivision of the state may not 192 approve any change in occupancy or tenancy of a building that 193 uses an onsite sewage treatment and disposal system until the 194 department has reviewed the use of the system with the proposed 195 change, approved the change, and amended the operating permit. 196 (n) Evaluations for determining the seasonal high-water 197 table elevations or the suitability of soils for the use of a 198 new onsite sewage treatment and disposal system shall be 199 performed by department personnel, professional engineers 200 registered in the state, or such other persons with expertise, 201 as defined by rule, in making such evaluations. Evaluations for 202 determining mean annual flood lines shall be performed by those 203 persons identified in paragraph (2)(j)(2)(i). The department 204 shall accept evaluations submitted by professional engineers and 205 such other persons as meet the expertise established by this 206 section or by rule unless the department has a reasonable 207 scientific basis for questioning the accuracy or completeness of 208 the evaluation. 209 (w) Any permit issued and approved by the department for 210 the installation, modification, or repair of an onsite sewage 211 treatment and disposal system shall transfer with the title to 212 the property in a real estate transaction. A title may not be 213 encumbered at the time of transfer by new permit requirements by 214 a governmental entity for an onsite sewage treatment and 215 disposal system which differ from the permitting requirements in 216 effect at the time the system was permitted, modified, or 217 repaired. No inspection of a system shall be mandated by any 218 governmental entity at the point of sale in a real estate 219 transaction. 220 (x)1. An onsite sewage treatment and disposal system is not 221 considered abandoned if the system is disconnected from a 222 structure that was made unusable or destroyed following a 223 disaster and was properly functioning at the time of 224 disconnection and not adversely affected by the disaster. The 225 onsite sewage treatment and disposal system may be reconnected 226 to a rebuilt structure if: 227 a. The reconnection of the system is to the same type of 228 structure which contains the same number of bedrooms or less, 229 provided the square footage of the structure is less than or 230 equal to 110 percent of the original square footage of the 231 structure that existed prior to the disaster; 232 b. The system is not a sanitary nuisance; and 233 c. The system has not been altered without prior 234 authorization. 235 2. An onsite sewage treatment and disposal system that 236 serves a property that is foreclosed upon is not considered 237 abandoned. 238 (y) If an onsite sewage treatment and disposal system 239 permittee receives, relies upon, and undertakes construction of 240 a system based upon a validly issued construction permit under 241 rules applicable at the time of construction but a change to a 242 rule occurs within 5 years after the approval of the system for 243 construction but before the final approval of the system, the 244 rules applicable and in effect at the time of construction 245 approval apply at the time of final approval if fundamental site 246 conditions have not changed between the time of construction 247 approval and final approval. 248 (z) A modification, replacement, or upgrade of an onsite 249 sewage treatment and disposal system is not required for a 250 remodeling addition to a single-family home if a bedroom is not 251 added. 252(5) EVALUATION AND ASSESSMENT.—253(a) Beginning July 1, 2011, the department shall administer254an onsite sewage treatment and disposal system evaluation255program for the purpose of assessing the fundamental operational256condition of systems and identifying any failures within the257systems. The department shall adopt rules implementing the258program standards, procedures, and requirements, including, but259not limited to, a schedule for a 5-year evaluation cycle,260requirements for the pump-out of a system or repair of a failing261system, enforcement procedures for failure of a system owner to262obtain an evaluation of the system, and failure of a contractor263to timely submit evaluation results to the department and the264system owner. The department shall ensure statewide265implementation of the evaluation and assessment program by266January 1, 2016.267(b) Owners of an onsite sewage treatment and disposal268system, excluding a system that is required to obtain an269operating permit, shall have the system evaluated at least once270every 5 years to assess the fundamental operational condition of271the system, and identify any failure within the system.272(c) All evaluation procedures must be documented and273nothing in this subsection limits the amount of detail an274evaluator may provide at his or her professional discretion. The275evaluation must include a tank and drainfield evaluation, a276written assessment of the condition of the system, and, if277necessary, a disclosure statement pursuant to the department’s278procedure.279(d)1. Systems being evaluated that were installed prior to280January 1, 1983, shall meet a minimum 6-inch separation from the281bottom of the drainfield to the wettest season water table282elevation as defined by department rule. All drainfield repairs,283replacements or modifications to systems installed prior to284January 1, 1983, shall meet a minimum 12-inch separation from285the bottom of the drainfield to the wettest season water table286elevation as defined by department rule.2872. Systems being evaluated that were installed on or after288January 1, 1983, shall meet a minimum 12-inch separation from289the bottom of the drainfield to the wettest season water table290elevation as defined by department rule. All drainfield repairs,291replacements or modification to systems developed on or after292January 1, 1983, shall meet a minimum 24-inch separation from293the bottom of the drainfield to the wettest season water table294elevation.295(e) If documentation of a tank pump-out or a permitted new296installation, repair, or modification of the system within the297previous 5 years is provided, and states the capacity of the298tank and indicates that the condition of the tank is not a299sanitary or public health nuisance pursuant to department rule,300a pump-out of the system is not required.301(f) Owners are responsible for paying the cost of any302required pump-out, repair, or replacement pursuant to department303rule, and may not request partial evaluation or the omission of304portions of the evaluation.305(g) Each evaluation or pump-out required under this306subsection must be performed by a septic tank contractor or307master septic tank contractor registered under part III of308chapter 489, a professional engineer with wastewater treatment309system experience licensed pursuant to chapter 471, or an310environmental health professional certified under chapter 381 in311the area of onsite sewage treatment and disposal system312evaluation.313(h) The evaluation report fee collected pursuant to s.314381.0066(2)(b) shall be remitted to the department by the315evaluator at the time the report is submitted.316(i) Prior to any evaluation deadline, the department must317provide a minimum of 60 days’ notice to owners that their318systems must be evaluated by that deadline. The department may319include a copy of any homeowner educational materials developed320pursuant to this section which provides information on the321proper maintenance of onsite sewage treatment and disposal322systems.323 (5)(6)ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.— 324 (a) Department personnel who have reason to believe 325 noncompliance exists, may at any reasonable time, enter the 326 premises permitted under ss. 381.0065-381.0066, or the business 327 premises of any septic tank contractor or master septic tank 328 contractor registered under part III of chapter 489, or any 329 premises that the department has reason to believe is being 330 operated or maintained not in compliance, to determine 331 compliance with the provisions of this section, part I of 332 chapter 386, or part III of chapter 489 or rules or standards 333 adopted under ss. 381.0065-381.0067, part I of chapter 386, or 334 part III of chapter 489. As used in this paragraph, the term 335 “premises” does not include a residence or private building. To 336 gain entry to a residence or private building, the department 337 must obtain permission from the owner or occupant or secure an 338 inspection warrant from a court of competent jurisdiction. 339 (b)1. The department may issue citations that may contain 340 an order of correction or an order to pay a fine, or both, for 341 violations of ss. 381.0065-381.0067, part I of chapter 386, or 342 part III of chapter 489 or the rules adopted by the department, 343 when a violation of these sections or rules is enforceable by an 344 administrative or civil remedy, or when a violation of these 345 sections or rules is a misdemeanor of the second degree. A 346 citation issued under ss. 381.0065-381.0067, part I of chapter 347 386, or part III of chapter 489 constitutes a notice of proposed 348 agency action. 349 2. A citation must be in writing and must describe the 350 particular nature of the violation, including specific reference 351 to the provisions of law or rule allegedly violated. 352 3. The fines imposed by a citation issued by the department 353 may not exceed $500 for each violation. Each day the violation 354 exists constitutes a separate violation for which a citation may 355 be issued. 356 4. The department shall inform the recipient, by written 357 notice pursuant to ss. 120.569 and 120.57, of the right to an 358 administrative hearing to contest the citation within 21 days 359 after the date the citation is received. The citation must 360 contain a conspicuous statement that if the recipient fails to 361 pay the fine within the time allowed, or fails to appear to 362 contest the citation after having requested a hearing, the 363 recipient has waived the recipient’s right to contest the 364 citation and must pay an amount up to the maximum fine. 365 5. The department may reduce or waive the fine imposed by 366 the citation. In determining whether to reduce or waive the 367 fine, the department must consider the gravity of the violation, 368 the person’s attempts at correcting the violation, and the 369 person’s history of previous violations including violations for 370 which enforcement actions were taken under ss. 381.0065 371 381.0067, part I of chapter 386, part III of chapter 489, or 372 other provisions of law or rule. 373 6. Any person who willfully refuses to sign and accept a 374 citation issued by the department commits a misdemeanor of the 375 second degree, punishable as provided in s. 775.082 or s. 376 775.083. 377 7. The department, pursuant to ss. 381.0065-381.0067, part 378 I of chapter 386, or part III of chapter 489, shall deposit any 379 fines it collects in the county health department trust fund for 380 use in providing services specified in those sections. 381 8. This section provides an alternative means of enforcing 382 ss. 381.0065-381.0067, part I of chapter 386, and part III of 383 chapter 489. This section does not prohibit the department from 384 enforcing ss. 381.0065-381.0067, part I of chapter 386, or part 385 III of chapter 489, or its rules, by any other means. However, 386 the department must elect to use only a single method of 387 enforcement for each violation. 388 (6)(7)LAND APPLICATION OF SEPTAGE PROHIBITED.—Effective 389 January 1, 2016, the land application of septage from onsite 390 sewage treatment and disposal systems is prohibited.By February3911, 2011, the department, in consultation with the Department of392Environmental Protection, shall provide a report to the393Governor, the President of the Senate, and the Speaker of the394House of Representatives, recommending alternative methods to395establish enhanced treatment levels for the land application of396septage from onsite sewage and disposal systems. The report397shall include, but is not limited to, a schedule for the398reduction in land application, appropriate treatment levels,399alternative methods for treatment and disposal, enhanced400application site permitting requirements including any401requirements for nutrient management plans, and the range of402costs to local governments, affected businesses, and individuals403for alternative treatment and disposal methods. The report shall404also include any recommendations for legislation or rule405authority needed to reduce land application of septage.406 Section 2. Section 381.00651, Florida Statutes, is created 407 to read: 408 381.00651 Periodic evaluation and assessment of onsite 409 sewage treatment and disposal systems.— 410 (1) For the purposes of this section, the term “first 411 magnitude spring” means a spring that has a median water 412 discharge of greater than or equal to 100 cubic feet per second 413 for the period of record, as determined by the Department of 414 Environmental Protection. 415 (2) A county or municipality that contains a first 416 magnitude spring shall, by no later than January 1, 2013, 417 develop and adopt by local ordinance an onsite sewage treatment 418 and disposal system evaluation and assessment program that meets 419 the requirements of this section. The ordinance may apply within 420 all or part of its geographic area. Those counties or 421 municipalities containing a first magnitude spring which have 422 already adopted an onsite sewage treatment and disposal system 423 evaluation and assessment program and which meet the 424 grandfathering requirements contained in this section, or have 425 chosen to opt out of this section in the manner provided herein, 426 are exempt from the requirement to adopt an ordinance 427 implementing an evaluation and assessment program. The governing 428 body of a local government that chooses to opt out of this 429 section, by a majority plus one vote of the members of the 430 governing board, shall do so by adopting a resolution that 431 indicates an intent on the part of such local government not to 432 adopt an onsite sewage treatment and disposal system evaluation 433 and assessment program. Such resolution shall be addressed and 434 transmitted to the Secretary of State. Absent an interlocal 435 agreement or county charter provision to the contrary, a 436 municipality may elect to opt out of the requirements of this 437 section, by a majority plus one vote of the members of the 438 governing board, notwithstanding a contrary decision of the 439 governing body of a county. Any local government that has 440 properly opted out of this section but subsequently chooses to 441 adopt an evaluation and assessment program may do so only 442 pursuant to the requirements of this section and may not deviate 443 from such requirements. 444 (3) Any county or municipality that does not contain a 445 first magnitude spring may at any time develop and adopt by 446 local ordinance an onsite sewage treatment and disposal system 447 evaluation and assessment program, provided such program meets 448 and does not deviate from the requirements of this section. 449 (4) Notwithstanding any other provision in this section, a 450 county or municipality that has adopted a program before July 1, 451 2011, may continue to enforce its current program without having 452 to meet the requirements of this section, provided such program 453 does not require an evaluation at the point of sale in a real 454 estate transaction. 455 (5) Any county or municipality may repeal an ordinance 456 adopted pursuant to this section only if the county or 457 municipality notifies the Secretary of State by letter of the 458 repeal. No county or municipality may adopt an onsite sewage 459 treatment and disposal system evaluation and assessment program 460 except pursuant to this section. 461 (6) The requirements for an onsite sewage treatment and 462 disposal system evaluation and assessment program are as 463 follows: 464 (a) Evaluations.—An evaluation of each onsite sewage 465 treatment and disposal system within all or part of the county’s 466 or municipality’s jurisdiction must take place once every 5 467 years to assess the fundamental operational condition of the 468 system and to identify system failures. The ordinance may not 469 mandate an evaluation at the point of sale in a real estate 470 transaction and may not require a soil examination. The location 471 of the system shall be identified. A tank and drainfield 472 evaluation and a written assessment of the overall condition of 473 the system pursuant to the assessment procedure prescribed in 474 subsection (7) are required. 475 (b) Qualified contractors.—Each evaluation required under 476 this subsection must be performed by a qualified contractor, who 477 may be a septic tank contractor or master septic tank contractor 478 registered under part III of chapter 489, a professional 479 engineer having wastewater treatment system experience and 480 licensed under chapter 471, or an environmental health 481 professional certified under this chapter in the area of onsite 482 sewage treatment and disposal system evaluation. Evaluations and 483 pump-outs may also be performed by an authorized employee 484 working under the supervision of an individual listed in this 485 paragraph; however, all evaluation forms must be signed by a 486 qualified contractor in writing or by electronic signature. 487 (c) Repair of systems.—The local ordinance may not require 488 a repair, modification, or replacement of a system as a result 489 of an evaluation unless the evaluation identifies a system 490 failure. For purposes of this subsection, the term “system 491 failure” means a condition existing within an onsite sewage 492 treatment and disposal system which results in the discharge of 493 untreated or partially treated wastewater onto the ground 494 surface or into surface water or that results in the failure of 495 building plumbing to discharge properly and presents a sanitary 496 nuisance. A system is not in failure if the system does not have 497 a minimum separation distance between the drainfield and the 498 wettest season water table or if an obstruction in a sanitary 499 line or an effluent screen or filter prevents effluent from 500 flowing into a drainfield. If a system failure is identified and 501 several allowable remedial measures are available to resolve the 502 failure, the system owner may choose the least costly allowable 503 remedial measure to fix the system. There may be instances in 504 which a pump-out is sufficient to resolve a system failure. 505 Allowable remedial measures to resolve a system failure are 506 limited to what is necessary to resolve the failure and must 507 meet, to the maximum extent practicable, the requirements of the 508 repair code in effect when the repair is made, subject to the 509 exceptions specified in s. 381.0065(4)(g). An engineer-designed 510 performance-based treatment system to reduce nutrients may not 511 be required as an alternative remediation measure to resolve the 512 failure of a conventional system. 513 (d) Exemptions.— 514 1. The local ordinance shall exempt from the evaluation 515 requirements any system that is required to obtain an operating 516 permit pursuant to state law or that is inspected by the 517 department pursuant to the annual permit inspection requirements 518 of chapter 513. 519 2. The local ordinance may provide for an exemption or an 520 extension of time to obtain an evaluation and assessment if 521 connection to a sewer system is available, connection to the 522 sewer system is imminent, and written arrangements for payment 523 of any utility assessments or connection fees have been made by 524 the system owner. 525 3. An onsite sewage treatment and disposal system serving a 526 residential dwelling unit on a lot with a ratio of one bedroom 527 per acre or greater is exempt from the requirements of this 528 section and may not be included in any onsite sewage treatment 529 and disposal system inspection program. 530 (7) The following procedures shall be used for conducting 531 evaluations: 532 (a) Tank evaluation.—The tank evaluation shall assess the 533 apparent structural condition and watertightness of the tank and 534 shall estimate the size of the tank. The evaluation must include 535 a pump-out. However, an ordinance may not require a pump-out if 536 there is documentation indicating that a tank pump-out or a 537 permitted new installation, repair, or modification of the 538 system has occurred within the previous 5 years, identifying the 539 capacity of the tank, and indicating that the condition of the 540 tank is structurally sound and watertight. Visual inspection of 541 the tank must be made when the tank is empty to detect cracks, 542 leaks, or other defects. Baffles or tees must be checked to 543 ensure that they are intact and secure. The evaluation shall 544 note the presence and condition of outlet devices, effluent 545 filters, and compartment walls; any structural defect in the 546 tank; the condition and fit of the tank lid, including manholes; 547 whether surface water can infiltrate the tank; and whether the 548 tank was pumped out. If the tank, in the opinion of the 549 qualified contractor, is in danger of being damaged by leaving 550 the tank empty after inspection, the tank shall be refilled 551 before concluding the inspection. Broken or damaged lids or 552 manholes shall be replaced without obtaining a repair permit. 553 (b) Drainfield evaluation.—The drainfield evaluation must 554 include a determination of the approximate size and location of 555 the drainfield. The evaluation shall state whether there is any 556 sewage or effluent visible on the ground or discharging to a 557 ditch or other water body and the location of any downspout or 558 other source of water near or in the vicinity of the drainfield. 559 (c) Special circumstances.—If the system contains pumps, 560 siphons, or alarms, the following information may be provided at 561 the request of the homeowner: 562 1. An assessment of dosing tank integrity, including the 563 approximate volume and the type of material used in the tank’s 564 construction; 565 2. Whether the pump is elevated off the bottom of the 566 chamber and its operational status; 567 3. Whether the system has a check valve and purge hole; and 568 4. Whether the system has a high-water alarm, and if so 569 whether the alarm is audio or visual or both, the location and 570 operational condition of the alarm, and whether the electrical 571 connections to the alarm appear satisfactory. 572 573 If the homeowner does not request this information, the 574 qualified contractor and its employee are not liable for any 575 damages directly relating from a failure of the system’s pumps, 576 siphons, or alarms. This exclusion of liability must be stated 577 on the front cover of the report required under paragraph (d). 578 (d) Assessment procedure.—All evaluation procedures used by 579 a qualified contractor shall be documented in the environmental 580 health database of the Department of Health. The qualified 581 contractor shall provide a copy of a written, signed evaluation 582 report to the property owner upon completion of the evaluation 583 and to the county health department within 30 days after the 584 evaluation. The report shall contain the name and license number 585 of the company providing the report. A copy of the evaluation 586 report shall be retained by the local county health department 587 for a minimum of 5 years and until a subsequent inspection 588 report is filed. The front cover of the report must identify any 589 system failure and include a clear and conspicuous notice to the 590 owner that the owner has a right to have any remediation of the 591 failure performed by a qualified contractor other than the 592 contractor performing the evaluation. The report must further 593 identify any crack, leak, improper fit, or other defect in the 594 tank, manhole, or lid, and any other damaged or missing 595 component; any sewage or effluent visible on the ground or 596 discharging to a ditch or other surface water body; any 597 downspout, stormwater, or other source of water directed onto or 598 toward the system; and any other maintenance need or condition 599 of the system at the time of the evaluation which, in the 600 opinion of the qualified contractor, would possibly interfere 601 with or restrict any future repair or modification to the 602 existing system. The report shall conclude with an overall 603 assessment of the fundamental operational condition of the 604 system. 605 (8) The county health department shall administer any 606 evaluation program on behalf of a county, or a municipality 607 within the county, that has adopted an evaluation program 608 pursuant to this section. In order to administer the evaluation 609 program, the county or municipality, in consultation with the 610 county health department, may develop a reasonable fee schedule 611 to be used solely to pay for the costs of administering the 612 evaluation program. Such a fee schedule shall be identified in 613 the ordinance that adopts the evaluation program. When arriving 614 at a reasonable fee schedule, the estimated annual revenues to 615 be derived from fees may not exceed reasonable estimated annual 616 costs of the program. Fees shall be assessed to the system owner 617 during an inspection and separately identified on the invoice of 618 the qualified contractor. Fees shall be remitted by the 619 qualified contractor to the county health department. The county 620 health department’s administrative responsibilities include the 621 following: 622 (a) Providing a notice to the system owner at least 60 days 623 before the system is due for an evaluation. The notice may 624 include information on the proper maintenance of onsite sewage 625 treatment and disposal systems. 626 (b) In consultation with the Department of Health, 627 providing uniform disciplinary procedures and penalties for 628 qualified contractors who do not comply with the requirements of 629 the adopted ordinance, including, but not limited to, failure to 630 provide the evaluation report as required in this subsection to 631 the system owner and the county health department. Only the 632 county health department may assess penalties against system 633 owners for failure to comply with the adopted ordinance, 634 consistent with existing requirements of law. 635 (9)(a) A county or municipality that adopts an onsite 636 sewage treatment and disposal system evaluation and assessment 637 program pursuant to this section shall notify the Secretary of 638 Environmental Protection, the Department of Health, and the 639 applicable county health department upon the adoption of its 640 ordinance establishing the program. 641 (b) Upon receipt of the notice under paragraph (a), the 642 Department of Environmental Protection shall, within existing 643 resources, notify the county or municipality of the potential 644 use of, and access to, program funds under the Clean Water State 645 Revolving Fund or s. 319 of the Clean Water Act, provide 646 guidance in the application process to receive such moneys, and 647 provide advice and technical assistance to the county or 648 municipality on how to establish a low-interest revolving loan 649 program or how to model a revolving loan program after the low 650 interest loan program of the Clean Water State Revolving Fund. 651 This paragraph does not obligate the Department of Environmental 652 Protection to provide any county or municipality with money to 653 fund such programs. 654 (c) The Department of Health may not adopt any rule that 655 alters the provisions of this section. 656 (d) The Department of Health must allow county health 657 departments and qualified contractors access to the 658 environmental health database to track relevant information and 659 assimilate data from assessment and evaluation reports of the 660 overall condition of onsite sewage treatment and disposal 661 systems. The environmental health database must be used by 662 contractors to report each service and evaluation event and by a 663 county health department to notify owners of onsite sewage 664 treatment and disposal systems when evaluations are due. Data 665 and information must be recorded and updated as service and 666 evaluations are conducted and reported. 667 (10) This section does not: 668 (a) Limit county and municipal home rule authority to act 669 outside the scope of the evaluation and assessment program set 670 forth in this section; 671 (b) Repeal or affect any other law relating to the subject 672 matter of onsite sewage treatment and disposal systems; or 673 (c) Prohibit a county or municipality from: 674 1. Enforcing existing ordinances or adopting new ordinances 675 relating to onsite sewage treatment facilities to address public 676 health and safety if such ordinances do not repeal, suspend, or 677 alter the requirements or limitations of this section. 678 2. Adopting local environmental and pollution abatement 679 ordinances for water quality improvement as provided for by law 680 if such ordinances do not repeal, suspend, or alter the 681 requirements or limitations of this section. 682 3. Exercising its independent and existing authority to 683 meet the requirements of s. 381.0065. 684 Section 3. Section 381.00656, Florida Statutes, is 685 repealed. 686 Section 4. Subsection (2) of section 381.0066, Florida 687 Statutes, is amended to read: 688 381.0066 Onsite sewage treatment and disposal systems; 689 fees.— 690 (2) The minimum fees in the following fee schedule apply 691 until changed by rule by the department within the following 692 limits: 693 (a) Application review, permit issuance, or system 694 inspection, including repair of a subsurface, mound, filled, or 695 other alternative system or permitting of an abandoned system: a 696 fee of not less than $25, or more than $125. 697(b) A 5-year evaluation report submitted pursuant to s.698381.0065(5): a fee not less than $15, or more than $30. At least699$1 and no more than $5 collected pursuant to this paragraph700shall be used to fund a grant program established under s.701381.00656.702 (b)(c)Site evaluation, site reevaluation, evaluation of a 703 system previously in use, or a per annum septage disposal site 704 evaluation: a fee of not less than $40, or more than $115. 705 (c)(d)Biennial Operating permit for aerobic treatment 706 units or performance-based treatment systems: a fee of not more 707 than $100. 708 (d)(e)Annual operating permit for systems located in areas 709 zoned for industrial manufacturing or equivalent uses or where 710 the system is expected to receive wastewater which is not 711 domestic in nature: a fee of not less than $150, or more than 712 $300. 713 (e)(f)Innovative technology: a fee not to exceed $25,000. 714 (f)(g)Septage disposal service, septage stabilization 715 facility, portable or temporary toilet service, tank 716 manufacturer inspection: a fee of not less than $25, or more 717 than $200, per year. 718 (g)(h)Application for variance: a fee of not less than 719 $150, or more than $300. 720 (h)(i)Annual operating permit for waterless, incinerating, 721 or organic waste composting toilets: a fee of not less than $15 722$50, or more than $30$150. 723 (i)(j)Aerobic treatment unit or performance-based 724 treatment system maintenance entity permit: a fee of not less 725 than $25, or more than $150, per year. 726 (j)(k)Reinspection fee per visit for site inspection after 727 system construction approval or for noncompliant system 728 installation per site visit: a fee of not less than $25, or more 729 than $100. 730 (k)(l)Research: An additional $5 fee shall be added to 731 each new system construction permit issued to be used to fund 732 onsite sewage treatment and disposal system research, 733 demonstration, and training projects. Five dollars from any 734 repair permit fee collected under this section shall be used for 735 funding the hands-on training centers described in s. 736 381.0065(3)(j). 737 (l)(m)Annual operating permit, including annual inspection 738 and any required sampling and laboratory analysis of effluent, 739 for an engineer-designed performance-based system: a fee of not 740 less than $150, or more than $300. 741 742On or before January 1, 2011, the Surgeon General, after743consultation with the Revenue Estimating Conference, shall744determine a revenue neutral fee schedule for services provided745pursuant to s.381.0065(5) within the parameters set in746paragraph (b). Such determination is not subject to the747provisions of chapter 120.The funds collected pursuant to this 748 subsection must be deposited in a trust fund administered by the 749 department, to be used for the purposes stated in this section 750 and ss. 381.0065 and 381.00655. 751 Section 5. This act shall take effect upon becoming a law.