Bill Text: FL S1698 | 2011 | Regular Session | Comm Sub
Bill Title: Onsite Sewage Treatment and Disposal Systems
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1698 Detail]
Download: Florida-2011-S1698-Comm_Sub.html
Florida Senate - 2011 CS for CS for CS for SB 1698 By the Committees on Community Affairs; Environmental Preservation and Conservation; and Health Regulation; and Senator Dean 578-04253-11 20111698c3 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 providing for any permit issued and approved by the 6 Department of Health for the installation, 7 modification, or repair of an onsite sewage treatment 8 and disposal system to transfer with the title of the 9 property; providing circumstances in which an onsite 10 sewage treatment and disposal system is not considered 11 abandoned; providing for the validity of an onsite 12 sewage treatment and disposal system permit if rules 13 change before final approval of the constructed 14 system; providing that a system modification, 15 replacement, or upgrade is not required unless a 16 bedroom is added to a single-family home; deleting 17 provisions requiring the Department of Health to 18 administer an evaluation and assessment program of 19 onsite sewage treatment and disposal systems and 20 requiring property owners to have such systems 21 evaluated at least once every 5 years; creating s. 22 381.00651, F.S.; requiring a county or municipality to 23 adopt by ordinance under certain circumstances the 24 program for the periodic evaluation and assessment of 25 onsite sewage treatment and disposal systems; 26 requiring the county or municipality to notify the 27 Secretary of State of the ordinance; authorizing a 28 county or municipality, in specified circumstances, to 29 opt out of certain requirements by a specified date; 30 prohibiting a county having a first magnitude spring 31 from opting out of the provisions of the act; 32 authorizing a county or municipality to adopt or 33 repeal, after a specified date, an ordinance creating 34 an evaluation and assessment program; providing 35 criteria for evaluations, qualified contractors, 36 repair of systems, exemptions, and notifications; 37 requiring that certain procedures be used for 38 conducting tank and drainfield evaluations; providing 39 for certain procedures in special circumstances; 40 providing for assessment procedures; requiring the 41 county or municipality to develop a system for 42 tracking the evaluations; providing criteria; 43 requiring counties and municipalities to notify the 44 Secretary of Environmental Protection that an 45 evaluation program ordinance is adopted; requiring the 46 department to notify those counties or municipalities 47 of the use of, and access to, certain state and 48 federal program funds; requiring that the department 49 provide certain guidance and technical assistance to a 50 county or municipality upon request; repealing s. 51 381.00656, F.S., relating to a grant program for the 52 repair of onsite sewage treatment disposal systems; 53 amending s. 381.0066, F.S.; lowering the fees imposed 54 by the department for evaluation reports; providing an 55 effective date. 56 57 Be It Enacted by the Legislature of the State of Florida: 58 59 Section 1. Subsections (1), (5), and (6) of section 60 381.0065, Florida Statues, as amended by chapter 2010-283, Laws 61 of Florida, are amended, present paragraphs (b) through (p) of 62 subsection (2) of that section are redesignated as paragraphs 63 (c) through (q), respectively, a new paragraph (b) is added to 64 that subsection, and paragraphs (w), (x), (y), and (z) are added 65 to subsection (4) of that section, to read: 66 381.0065 Onsite sewage treatment and disposal systems; 67 regulation.— 68 (1) LEGISLATIVE INTENT.— 69(a) It is the intent of the Legislature that proper70management of onsite sewage treatment and disposal systems is71paramount to the health, safety, and welfare of the public. It72is further the intent of the Legislature that the department73shall administer an evaluation program to ensure the operational74condition of the system and identify any failure with the75system.76(b)It is the intent of the Legislature that where a 77 publicly owned or investor-owned sewerage system is not 78 available, the department shall issue permits for the 79 construction, installation, modification, abandonment, or repair 80 of onsite sewage treatment and disposal systems under conditions 81 as described in this section and rules adopted under this 82 section. It is further the intent of the Legislature that the 83 installation and use of onsite sewage treatment and disposal 84 systems not adversely affect the public health or significantly 85 degrade the groundwater or surface water. 86 (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the 87 term: 88 (b) “Bedroom” means a room that can be used for sleeping 89 and that, for site-built dwellings, has a minimum 70 square feet 90 of conditioned space, or, for manufactured homes is constructed 91 to HUD standards, has a minimum square footage of 50 square feet 92 of floor area, is located along an exterior wall, has a closet 93 and a door or an entrance where a door could be reasonably 94 installed, and has an emergency means of escape and rescue 95 opening to the outside. A room may not be considered a bedroom 96 if it is used to access another room, unless the room that is 97 accessed is a bathroom or closet and does not include a hallway, 98 bathroom, kitchen, living room, family room, dining room, den, 99 breakfast nook, pantry, laundry room, sunroom, recreation room, 100 media/video room, or exercise room. For the purpose of 101 determining system capacity, occupancy is calculated at a 102 maximum of two persons per bedroom. 103 (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not 104 construct, repair, modify, abandon, or operate an onsite sewage 105 treatment and disposal system without first obtaining a permit 106 approved by the department. The department may issue permits to 107 carry out this section, but shall not make the issuance of such 108 permits contingent upon prior approval by the Department of 109 Environmental Protection, except that the issuance of a permit 110 for work seaward of the coastal construction control line 111 established under s. 161.053 shall be contingent upon receipt of 112 any required coastal construction control line permit from the 113 Department of Environmental Protection. A construction permit is 114 valid for 18 months from the issuance date and may be extended 115 by the department for one 90-day period under rules adopted by 116 the department. A repair permit is valid for 90 days from the 117 date of issuance. An operating permit must be obtained prior to 118 the use of any aerobic treatment unit or if the establishment 119 generates commercial waste. Buildings or establishments that use 120 an aerobic treatment unit or generate commercial waste shall be 121 inspected by the department at least annually to assure 122 compliance with the terms of the operating permit. The operating 123 permit for a commercial wastewater system is valid for 1 year 124 from the date of issuance and must be renewed annually. The 125 operating permit for an aerobic treatment unit is valid for 2 126 years from the date of issuance and must be renewed every 2 127 years. If all information pertaining to the siting, location, 128 and installation conditions or repair of an onsite sewage 129 treatment and disposal system remains the same, a construction 130 or repair permit for the onsite sewage treatment and disposal 131 system may be transferred to another person, if the transferee 132 files, within 60 days after the transfer of ownership, an 133 amended application providing all corrected information and 134 proof of ownership of the property. There is no fee associated 135 with the processing of this supplemental information. A person 136 may not contract to construct, modify, alter, repair, service, 137 abandon, or maintain any portion of an onsite sewage treatment 138 and disposal system without being registered under part III of 139 chapter 489. A property owner who personally performs 140 construction, maintenance, or repairs to a system serving his or 141 her own owner-occupied single-family residence is exempt from 142 registration requirements for performing such construction, 143 maintenance, or repairs on that residence, but is subject to all 144 permitting requirements. A municipality or political subdivision 145 of the state may not issue a building or plumbing permit for any 146 building that requires the use of an onsite sewage treatment and 147 disposal system unless the owner or builder has received a 148 construction permit for such system from the department. A 149 building or structure may not be occupied and a municipality, 150 political subdivision, or any state or federal agency may not 151 authorize occupancy until the department approves the final 152 installation of the onsite sewage treatment and disposal system. 153 A municipality or political subdivision of the state may not 154 approve any change in occupancy or tenancy of a building that 155 uses an onsite sewage treatment and disposal system until the 156 department has reviewed the use of the system with the proposed 157 change, approved the change, and amended the operating permit. 158 (w) Any permit issued and approved by the department for 159 the installation, modification, or repair of an onsite sewage 160 treatment and disposal system shall transfer with the title to 161 the property. A title is not encumbered at the time of transfer 162 by new permit requirements by a governmental entity for an 163 onsite sewage treatment and disposal system which differ from 164 the permitting requirements in effect at the time the system was 165 permitted, modified, or repaired. 166 (x) An onsite sewage treatment and disposal system is not 167 considered abandoned if the properly functioning onsite sewage 168 treatment and disposal system is disconnected from a structure 169 that was made unusable or destroyed following a disaster and the 170 system was not adversely affected by the disaster. The onsite 171 system may be reconnected to a rebuilt structure if: 172 1. The reconnection of the onsite sewage treatment and 173 disposal system is to the same type and approximate size of 174 rebuilt structure that existed prior to the disaster; 175 2. The onsite sewage treatment and disposal system is not a 176 sanitary nuisance; and 177 3. The onsite sewage treatment and disposal system has not 178 been altered without prior authorization. 179 180 An onsite sewage treatment and disposal system that serves a 181 property that is foreclosed upon is not an abandoned system. 182 (y) If an onsite sewage treatment and disposal system 183 permittee receives, relies upon, and undertakes construction of 184 a system based upon a validly issued construction permit under 185 rules applicable at the time of construction, but a change to a 186 rule occurs after the approval of the system for construction 187 but before the final approval of the system, the rules 188 applicable and in effect at the time of construction approval 189 apply at the time of final approval if fundamental site 190 conditions have not changed between the time of construction 191 approval and final approval. 192 (z) A modification, replacement, or upgrade of an onsite 193 sewage treatment and disposal system is not required for a 194 remodeling addition to a single-family home if a bedroom is not 195 added. 196(5) EVALUATION AND ASSESSMENT.—197(a) Beginning July 1, 2011, the department shall administer198an onsite sewage treatment and disposal system evaluation199program for the purpose of assessing the fundamental operational200condition of systems and identifying any failures within the201systems. The department shall adopt rules implementing the202program standards, procedures, and requirements, including, but203not limited to, a schedule for a 5-year evaluation cycle,204requirements for the pump-out of a system or repair of a failing205system, enforcement procedures for failure of a system owner to206obtain an evaluation of the system, and failure of a contractor207to timely submit evaluation results to the department and the208system owner. The department shall ensure statewide209implementation of the evaluation and assessment program by210January 1, 2016.211(b) Owners of an onsite sewage treatment and disposal212system, excluding a system that is required to obtain an213operating permit, shall have the system evaluated at least once214every 5 years to assess the fundamental operational condition of215the system, and identify any failure within the system.216(c) All evaluation procedures must be documented and217nothing in this subsection limits the amount of detail an218evaluator may provide at his or her professional discretion. The219evaluation must include a tank and drainfield evaluation, a220written assessment of the condition of the system, and, if221necessary, a disclosure statement pursuant to the department’s222procedure.223(d)1. Systems being evaluated that were installed prior to224January 1, 1983, shall meet a minimum 6-inch separation from the225bottom of the drainfield to the wettest season water table226elevation as defined by department rule. All drainfield repairs,227replacements or modifications to systems installed prior to228January 1, 1983, shall meet a minimum 12-inch separation from229the bottom of the drainfield to the wettest season water table230elevation as defined by department rule.2312. Systems being evaluated that were installed on or after232January 1, 1983, shall meet a minimum 12-inch separation from233the bottom of the drainfield to the wettest season water table234elevation as defined by department rule. All drainfield repairs,235replacements or modification to systems developed on or after236January 1, 1983, shall meet a minimum 24-inch separation from237the bottom of the drainfield to the wettest season water table238elevation.239(e) If documentation of a tank pump-out or a permitted new240installation, repair, or modification of the system within the241previous 5 years is provided, and states the capacity of the242tank and indicates that the condition of the tank is not a243sanitary or public health nuisance pursuant to department rule,244a pump-out of the system is not required.245(f) Owners are responsible for paying the cost of any246required pump-out, repair, or replacement pursuant to department247rule, and may not request partial evaluation or the omission of248portions of the evaluation.249(g) Each evaluation or pump-out required under this250subsection must be performed by a septic tank contractor or251master septic tank contractor registered under part III of252chapter 489, a professional engineer with wastewater treatment253system experience licensed pursuant to chapter 471, or an254environmental health professional certified under chapter 381 in255the area of onsite sewage treatment and disposal system256evaluation.257(h) The evaluation report fee collected pursuant to s.258381.0066(2)(b) shall be remitted to the department by the259evaluator at the time the report is submitted.260(i) Prior to any evaluation deadline, the department must261provide a minimum of 60 days’ notice to owners that their262systems must be evaluated by that deadline. The department may263include a copy of any homeowner educational materials developed264pursuant to this section which provides information on the265proper maintenance of onsite sewage treatment and disposal266systems.267 (5)(6)ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.— 268 (a) Department personnel who have reason to believe 269 noncompliance exists, may at any reasonable time, enter the 270 premises permitted under ss. 381.0065-381.0066, or the business 271 premises of any septic tank contractor or master septic tank 272 contractor registered under part III of chapter 489, or any 273 premises that the department has reason to believe is being 274 operated or maintained not in compliance, to determine 275 compliance with the provisions of this section, part I of 276 chapter 386, or part III of chapter 489 or rules or standards 277 adopted under ss. 381.0065-381.0067, part I of chapter 386, or 278 part III of chapter 489. As used in this paragraph, the term 279 “premises” does not include a residence or private building. To 280 gain entry to a residence or private building, the department 281 must obtain permission from the owner or occupant or secure an 282 inspection warrant from a court of competent jurisdiction. 283 (b)1. The department may issue citations that may contain 284 an order of correction or an order to pay a fine, or both, for 285 violations of ss. 381.0065-381.0067, part I of chapter 386, or 286 part III of chapter 489 or the rules adopted by the department, 287 when a violation of these sections or rules is enforceable by an 288 administrative or civil remedy, or when a violation of these 289 sections or rules is a misdemeanor of the second degree. A 290 citation issued under ss. 381.0065-381.0067, part I of chapter 291 386, or part III of chapter 489 constitutes a notice of proposed 292 agency action. 293 2. A citation must be in writing and must describe the 294 particular nature of the violation, including specific reference 295 to the provisions of law or rule allegedly violated. 296 3. The fines imposed by a citation issued by the department 297 may not exceed $500 for each violation. Each day the violation 298 exists constitutes a separate violation for which a citation may 299 be issued. 300 4. The department shall inform the recipient, by written 301 notice pursuant to ss. 120.569 and 120.57, of the right to an 302 administrative hearing to contest the citation within 21 days 303 after the date the citation is received. The citation must 304 contain a conspicuous statement that if the recipient fails to 305 pay the fine within the time allowed, or fails to appear to 306 contest the citation after having requested a hearing, the 307 recipient has waived the recipient’s right to contest the 308 citation and must pay an amount up to the maximum fine. 309 5. The department may reduce or waive the fine imposed by 310 the citation. In determining whether to reduce or waive the 311 fine, the department must consider the gravity of the violation, 312 the person’s attempts at correcting the violation, and the 313 person’s history of previous violations including violations for 314 which enforcement actions were taken under ss. 381.0065 315 381.0067, part I of chapter 386, part III of chapter 489, or 316 other provisions of law or rule. 317 6. Any person who willfully refuses to sign and accept a 318 citation issued by the department commits a misdemeanor of the 319 second degree, punishable as provided in s. 775.082 or s. 320 775.083. 321 7. The department, pursuant to ss. 381.0065-381.0067, part 322 I of chapter 386, or part III of chapter 489, shall deposit any 323 fines it collects in the county health department trust fund for 324 use in providing services specified in those sections. 325 8. This section provides an alternative means of enforcing 326 ss. 381.0065-381.0067, part I of chapter 386, and part III of 327 chapter 489. This section does not prohibit the department from 328 enforcing ss. 381.0065-381.0067, part I of chapter 386, or part 329 III of chapter 489, or its rules, by any other means. However, 330 the department must elect to use only a single method of 331 enforcement for each violation. 332 Section 2. Section 381.00651, Florida Statutes, is created 333 to read: 334 381.00651 Periodic evaluation and assessment of onsite 335 sewage treatment and disposal systems.— 336 (1) Effective July 1, 2011, any county or municipality that 337 has not adopted an onsite sewage treatment and disposal system 338 evaluation and assessment program, or that does not opt out of 339 this section, shall develop and adopt by ordinance a local 340 onsite sewage treatment and disposal system evaluation and 341 assessment program within all or part of its geographic area 342 which meets the requirements of this section. Any county or 343 municipality that has adopted such a program before July 1, 344 2011, may continue to enforce its provisions. Any county or 345 municipality that does not opt out of this section shall notify 346 the Secretary of State by letter of the adoption of the 347 ordinance pursuant to this section. By a majority of the local 348 elected body, a county or municipality may opt out of the 349 requirements of this section at any time before January 1, 2012, 350 by adopting a separate resolution. The resolution shall be 351 directed to and filed with the Secretary of State and shall 352 state the intent of the county or municipality not to adopt an 353 onsite sewage treatment and disposal system evaluation and 354 assessment program. Absent an interlocal agreement or county 355 charter provision to the contrary, a municipality may elect to 356 opt out of the requirements of this section notwithstanding the 357 decision of the county in which it is located. A county or 358 municipality may subsequently adopt an ordinance imposing an 359 onsite sewage treatment and disposal system evaluation and 360 assessment program if the program meets the requirements of this 361 section. A county or municipality may repeal an ordinance 362 adopted pursuant to this section if the county or municipality 363 notifies the Secretary of State by letter of the repeal. Any 364 county identified as having a first magnitude spring within its 365 boundaries is prohibited from opting out of this section. Any 366 county in which a Total Maximum Daily Load for nutrients or 367 bacteria has been established is prohibited from opting out of 368 this section. Such counties may, however, adopt a local onsite 369 sewage treatment and disposal system evaluation and assessment 370 program that is more stringent than that required by this 371 section. Except as otherwise provided, the local ordinances may 372 not deviate from or exceed the substantive requirements of this 373 section. Such adopted ordinance shall provide for the following: 374 (a) Evaluations.—An evaluation of any septic tank within 375 all or part of the county’s or municipality’s jurisdiction must 376 take place once every 5 years to assess the fundamental 377 operational condition of the system and to identify system 378 failures. The ordinance may not mandate an evaluation at the 379 point of sale in a real estate transaction and may not require a 380 soil examination. The location of the system shall be 381 identified. A tank and drainfield evaluation and a written 382 assessment of the overall condition of the system pursuant to 383 the assessment procedure prescribed in paragraph (2)(d) are 384 required. 385 (b) Qualified contractors.—Each evaluation required under 386 this subsection must be performed by a septic tank contractor or 387 master septic tank contractor registered under part III of 388 chapter 489, a professional engineer having wastewater treatment 389 system experience and licensed pursuant to chapter 471, or an 390 environmental health professional certified under this chapter 391 in the area of onsite sewage treatment and disposal system 392 evaluation. Evaluations and pump outs may also be performed by 393 an authorized employee working under the supervision of the 394 individuals listed in this paragraph; however, all evaluation 395 forms must be written or electronically signed by a qualified 396 contractor. 397 (c) Repair of systems.—The local ordinance may not require 398 a repair, modification, or replacement of a system as a result 399 of an evaluation unless the evaluation identifies a system 400 failure. For purposes of this subsection, the term “system 401 failure” is defined as a condition existing within an onsite 402 sewage treatment and disposal system which results in the 403 discharge of untreated or partially treated wastewater onto the 404 ground surface or into surface water, or which results in a 405 sanitary nuisance caused by the failure of building plumbing to 406 discharge properly. A system is not a failure if the system does 407 not have a minimum separation distance between the drainfield 408 and the wet season water table, or if an obstruction in a 409 sanitary line or an effluent screen or filter prevents effluent 410 from flowing into a drainfield. If a system failure is 411 identified and several remedial options are available to resolve 412 the failure, the local ordinance may not require more than the 413 least costly remedial measure to resolve the system failure. The 414 homeowner may choose the remedial measure to fix the system. 415 There may be instances in which a pump out is sufficient to 416 resolve a system failure. Remedial measures to resolve a system 417 failure must meet the requirements in effect at the times 418 specified in s. 381.0065(4)(g). 419 (d) Exemptions.—The local ordinance shall exempt from the 420 evaluation requirements any system that is required to obtain an 421 operating permit pursuant to state law or that is inspected by 422 the department pursuant to the annual permit inspection 423 requirements of chapter 513. 424 (2) The following procedures shall be used for conducting 425 evaluations: 426 (a) Tank evaluation.—The tank evaluation shall assess the 427 apparent structural condition and water tightness of the tank 428 and shall estimate the size of the tank. The evaluation must 429 include a pump out. However, an ordinance may not require a pump 430 out if there is documentation that a tank pump out or a 431 permitted new installation, repair, or modification of the 432 system has occurred within the previous 5 years, and that 433 identifies the capacity of the tank and indicates that the 434 condition of the tank is structurally sound and watertight. 435 Visual inspection of the tank must be made when the tank is 436 empty to detect cracks, leaks, or other defects. Baffles or tees 437 must be checked to ensure that they are intact and secure. The 438 evaluation shall note the presence and condition of outlet 439 devices, effluent filters, and compartment walls; any structural 440 defect in the tank; and the condition and fit of the tank lid, 441 including manholes. If the tank, in the opinion of the qualified 442 contractor, is in danger of being damaged by leaving the tank 443 empty after inspection, the tank shall be refilled before 444 concluding the inspection. 445 (b) Drainfield evaluation.—The drainfield evaluation must 446 include a determination of the approximate size and location of 447 the drainfield. The evaluation shall state the condition of 448 surface vegetation, identify whether there is any sewage or 449 effluent visible on the ground or discharging to a ditch or 450 other water body, and identify the location of any downspout or 451 other source of water near or in the vicinity of the drainfield. 452 (c) Special circumstances.—If the system contains pumps, 453 siphons, or alarms, the following information must be provided: 454 1. An assessment of dosing tank integrity, including the 455 approximate volume and the type of material used in 456 construction; 457 2. Whether the pump is elevated off of the bottom of the 458 chamber and its operational status; 459 3. Whether there are a check valve and purge hole; whether 460 there is a high-water alarm, including whether the type of alarm 461 is audio or visual or both, the location of the alarm, and its 462 operational condition; and whether electrical connections appear 463 satisfactory; and 464 4. Whether surface water can infiltrate into the tank and 465 whether the tank was pumped out. 466 (d) Assessment procedure.—All evaluation procedures used by 467 a qualified contractor shall be documented. The qualified 468 contractor shall provide a copy of a written, signed evaluation 469 report to the property owner upon completion of the evaluation 470 and to the county health department within 30 days after the 471 evaluation. The report shall contain the name and license number 472 of the company providing the report. A copy of the evaluation 473 report shall be retained by the local county health department 474 for a minimum of 5 years until a subsequent inspection report is 475 filed. The front cover of the report must identify any system 476 failure and include a clear and conspicuous notice to the owner 477 that the owner has a right to have any remediation of the 478 failure performed by a qualified contractor other than the 479 contractor performing the evaluation. The report must further 480 identify any crack, leak, improper fit, or other defect in the 481 tank, manhole, or lid, and any other damaged or missing 482 component; any sewage or effluent visible on the ground or 483 discharging to a ditch or other surface water body; any 484 downspout, stormwater, or other source of water directed onto or 485 toward the system; and any other maintenance need or condition 486 of the system at the time of the evaluation which, in the 487 opinion of the qualified contractor, would possibly interfere 488 with or restrict any future repair or modification to the 489 existing system. The report shall conclude with an overall 490 assessment of the fundamental operational condition of the 491 system. 492 (3) It shall be the responsibility of the county health 493 department to administer any evaluation program on behalf of a 494 county, or a local government within the county, which has 495 adopted an evaluation program pursuant to this section. In order 496 to administer the evaluation program, a local government, in 497 consultation with the county health department, may develop a 498 reasonable fee schedule to be used solely to pay for the costs 499 of administering the evaluation program. Such fee schedule shall 500 be identified in the local ordinance that adopts the evaluation 501 program. When arriving at a reasonable fee schedule, the 502 estimated annual revenues to be derived from fees may not exceed 503 reasonable estimated annual costs of the program. Fees shall be 504 assessed to the septic tank owner during an inspection and 505 separately identified on the invoice of the qualified 506 contractor. Fees shall be remitted by the qualified contractor 507 to the county health department. The county health department’s 508 administrative responsibilities include the following: 509 (a) Providing a notice to the septic tank owner at least 60 510 days before the septic tank is due for an evaluation. The notice 511 may include information on the proper maintenance of onsite 512 sewage treatment and disposal systems. 513 (b) In consultation with the Department of Health, 514 providing uniform disciplinary procedures and penalties for 515 qualified contractors who do not comply with the requirements of 516 the adopted ordinance, including, but not limited to, failure to 517 provide the evaluation report as required in this subsection to 518 the septic tank owner and the county health department. The 519 county health department may also assess penalties against 520 septic tank owners for failure to comply with the adopted 521 ordinance, consistent with existing requirements of law. 522 (c) Developing its own database and tracking systems to 523 encompass evaluation programs adopted by the county or 524 municipalities within its jurisdiction. The database shall also 525 be used to collect, store, and index information obtained from 526 the evaluation reports filed by each qualified contractor with 527 the county health department. The tracking system must include 528 the ability to collect and store: 529 1. The description, addresses, or locations of the onsite 530 systems; 531 2. An inventory of the number of onsite systems within the 532 local jurisdiction; 533 3. The total number and types of system failures; and 534 4. Any other trends deemed relevant by the county health 535 department resulting from an assessment and evaluation of the 536 overall condition of systems. 537 538 The tracking system may be Internet-based and may be designed to 539 be used by contractors to report all service and evaluation 540 events and by the county health department to notify homeowners 541 when evaluations are due. Data and information shall be recorded 542 and updated as service and evaluations are conducted and 543 reported 544 (4) A county or municipality that adopts an onsite sewage 545 treatment and disposal system evaluation and assessment program 546 pursuant to this section shall notify the Secretary of 547 Environmental Protection, the Department of Health, and the 548 applicable county health department upon the adoption of an 549 ordinance. The Department of Environmental Protection shall, 550 within existing resources and upon receipt of such notice, 551 notify the county or municipality of the potential use of, and 552 access to, program funds under the Clean Water State Revolving 553 Fund or s. 319 of the Clean Water Act. Upon request by a county 554 or municipality, the Department of Environmental Protection 555 shall provide guidance in the application process to receive 556 moneys under the Clean Water State Revolving Fund or s. 319 of 557 the Clean Water Act. The Department of Environmental Protection 558 shall also, within existing resources and upon request by a 559 county or municipality, provide advice and technical assistance 560 to the county or municipality on how to establish a low-interest 561 revolving loan program or how to model a revolving loan program 562 after the low-interest loan program of the Clean Water State 563 Revolving Fund. This subsection does not obligate the Department 564 of Environmental Protection to provide any money to fund such 565 programs. 566 Section 3. Section 381.00656, Florida Statutes, is 567 repealed. 568 Section 4. Subsection (2) of section 381.0066, Florida 569 Statutes, is amended to read: 570 381.0066 Onsite sewage treatment and disposal systems; 571 fees.— 572 (2) The minimum fees in the following fee schedule apply 573 until changed by rule by the department within the following 574 limits: 575 (a) Application review, permit issuance, or system 576 inspection, including repair of a subsurface, mound, filled, or 577 other alternative system or permitting of an abandoned system: a 578 fee of not less than $25, or more than $125. 579(b) A 5-year evaluation report submitted pursuant to s.580381.0065(5): a fee not less than $15, or more than $30. At least581$1 and no more than $5 collected pursuant to this paragraph582shall be used to fund a grant program established under s.583381.00656.584 (b)(c)Site evaluation, site reevaluation, evaluation of a 585 system previously in use, or a per annum septage disposal site 586 evaluation: a fee of not less than $40, or more than $115. 587 (c)(d)Biennial Operating permit for aerobic treatment 588 units or performance-based treatment systems: a fee of not more 589 than $100. 590 (d)(e)Annual operating permit for systems located in areas 591 zoned for industrial manufacturing or equivalent uses or where 592 the system is expected to receive wastewater which is not 593 domestic in nature: a fee of not less than $150, or more than 594 $300. 595 (e)(f)Innovative technology: a fee not to exceed $25,000. 596 (f)(g)Septage disposal service, septage stabilization 597 facility, portable or temporary toilet service, tank 598 manufacturer inspection: a fee of not less than $25, or more 599 than $200, per year. 600 (g)(h)Application for variance: a fee of not less than 601 $150, or more than $300. 602 (h)(i)Annual operating permit for waterless, incinerating, 603 or organic waste composting toilets: a fee of not less than $15 604$50, or more than $30$150. 605 (i)(j)Aerobic treatment unit or performance-based 606 treatment system maintenance entity permit: a fee of not less 607 than $25, or more than $150, per year. 608 (j)(k)Reinspection fee per visit for site inspection after 609 system construction approval or for noncompliant system 610 installation per site visit: a fee of not less than $25, or more 611 than $100. 612 (k)(l)Research: An additional $5 fee shall be added to 613 each new system construction permit issued to be used to fund 614 onsite sewage treatment and disposal system research, 615 demonstration, and training projects. Five dollars from any 616 repair permit fee collected under this section shall be used for 617 funding the hands-on training centers described in s. 618 381.0065(3)(j). 619 (l)(m)Annual operating permit, including annual inspection 620 and any required sampling and laboratory analysis of effluent, 621 for an engineer-designed performance-based system: a fee of not 622 less than $150, or more than $300. 623 624On or before January 1, 2011, the Surgeon General, after625consultation with the Revenue Estimating Conference, shall626determine a revenue neutral fee schedule for services provided627pursuant to s.381.0065(5) within the parameters set in628paragraph (b). Such determination is not subject to the629provisions of chapter 120.The funds collected pursuant to this 630 subsection must be deposited in a trust fund administered by the 631 department, to be used for the purposes stated in this section 632 and ss. 381.0065 and 381.00655. 633 Section 5. This act shall take effect upon becoming a law.