Bill Text: FL S1698 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1698 Detail]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-Introduced.html

---

       Florida Senate - 2011                                    SB 1698
       
       
       
       By Senator Dean
       
       
       
       
       3-01386-11                                            20111698__
    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; deleting provisions requiring the
    5         Department of Health to administer an evaluation and
    6         assessment program of onsite sewage treatment and
    7         disposal systems and requiring property owners to have
    8         such systems evaluated at least once every 5 years;
    9         deleting provisions prohibiting the land application
   10         of septage and requiring the Department of
   11         Environmental Protection to recommend to the Governor
   12         and Legislature alternative methods for land
   13         application of septage; creating s. 381.00651, F.S.;
   14         requiring the Department of Health to implement and
   15         administer a pilot program for the periodic evaluation
   16         of onsite sewage treatment and disposal systems
   17         beginning from a certain date; providing criteria for
   18         selecting counties within which to implement the pilot
   19         program; authorizing the Department of Health to adopt
   20         rules; providing for enforcement; allowing other
   21         counties to participate in the evaluation program and
   22         providing criteria; providing that certain counties in
   23         certain circumstances are not required to participate
   24         in the pilot program; requiring that owners of an
   25         onsite sewage treatment and disposal system, excluding
   26         a system for which an operating permit is required,
   27         have the system pumped out and evaluated every 5
   28         years; defining the term “system failure”; requiring
   29         the department to adopt an evaluation form and
   30         providing criteria; requiring the department to create
   31         a uniform statewide comprehensive evaluation,
   32         tracking, and reporting system accessible through a
   33         secure Internet connection; providing exceptions to
   34         the pump-out requirement; authorizing the department
   35         to require repairs, modifications, or replacement at
   36         the owner’s expense if a system failure is identified;
   37         requiring the department to select the least costly
   38         remedial measure; requiring the evaluation or pump out
   39         to be performed by certain registered contractors,
   40         licensed engineers, or certified environmental health
   41         professionals; providing for an evaluation fee;
   42         requiring the department to give to owners of systems
   43         at least 60 days’ notice before an evaluation
   44         deadline; requiring the department and the Department
   45         of Environmental Protection to collaborate on
   46         providing notice to counties of certain available
   47         funds and creating a revolving loan program that
   48         provides low-interest loans to residents for the
   49         repair of failing systems; requiring the department to
   50         contract for the development of a uniform statewide
   51         comprehensive computerized evaluation, tracking, and
   52         reporting system and providing criteria; amending s.
   53         381.00656, F.S.; extending the date by which the
   54         Department of Health is required to begin
   55         administering the grant program for the repair of
   56         onsite sewage treatment disposal systems; adding a
   57         cross-reference; amending s. 381.0066, F.S.;
   58         conforming a cross-reference; lowering the fees
   59         imposed by the department for evaluation reports;
   60         providing an effective date.
   61  
   62  Be It Enacted by the Legislature of the State of Florida:
   63  
   64         Section 1. Subsections (1), (5), (6), and (7) of section
   65  381.0065, Florida Statutes, as amended by chapter 2010-283, Laws
   66  of Florida, are amended to read:
   67         381.0065 Onsite sewage treatment and disposal systems;
   68  regulation.—
   69         (1) LEGISLATIVE INTENT.—
   70         (a) It is the intent of the Legislature that proper
   71  management of onsite sewage treatment and disposal systems is
   72  paramount to the health, safety, and welfare of the public. It
   73  is further the intent of the Legislature that the department
   74  shall administer an evaluation program to ensure the operational
   75  condition of the system and identify any failure with the
   76  system.
   77         (b) It is the intent of the Legislature that where a
   78  publicly owned or investor-owned sewerage system is not
   79  available, the department shall issue permits for the
   80  construction, installation, modification, abandonment, or repair
   81  of onsite sewage treatment and disposal systems under conditions
   82  as described in this section and rules adopted under this
   83  section. It is further the intent of the Legislature that the
   84  installation and use of onsite sewage treatment and disposal
   85  systems not adversely affect the public health or significantly
   86  degrade the groundwater or surface water.
   87         (5) EVALUATION AND ASSESSMENT.—
   88         (a) Beginning July 1, 2011, the department shall administer
   89  an onsite sewage treatment and disposal system evaluation
   90  program for the purpose of assessing the fundamental operational
   91  condition of systems and identifying any failures within the
   92  systems. The department shall adopt rules implementing the
   93  program standards, procedures, and requirements, including, but
   94  not limited to, a schedule for a 5-year evaluation cycle,
   95  requirements for the pump-out of a system or repair of a failing
   96  system, enforcement procedures for failure of a system owner to
   97  obtain an evaluation of the system, and failure of a contractor
   98  to timely submit evaluation results to the department and the
   99  system owner. The department shall ensure statewide
  100  implementation of the evaluation and assessment program by
  101  January 1, 2016.
  102         (b) Owners of an onsite sewage treatment and disposal
  103  system, excluding a system that is required to obtain an
  104  operating permit, shall have the system evaluated at least once
  105  every 5 years to assess the fundamental operational condition of
  106  the system, and identify any failure within the system.
  107         (c) All evaluation procedures must be documented and
  108  nothing in this subsection limits the amount of detail an
  109  evaluator may provide at his or her professional discretion. The
  110  evaluation must include a tank and drainfield evaluation, a
  111  written assessment of the condition of the system, and, if
  112  necessary, a disclosure statement pursuant to the department’s
  113  procedure.
  114         (d)1. Systems being evaluated that were installed prior to
  115  January 1, 1983, shall meet a minimum 6-inch separation from the
  116  bottom of the drainfield to the wettest season water table
  117  elevation as defined by department rule. All drainfield repairs,
  118  replacements or modifications to systems installed prior to
  119  January 1, 1983, shall meet a minimum 12-inch separation from
  120  the bottom of the drainfield to the wettest season water table
  121  elevation as defined by department rule.
  122         2. Systems being evaluated that were installed on or after
  123  January 1, 1983, shall meet a minimum 12-inch separation from
  124  the bottom of the drainfield to the wettest season water table
  125  elevation as defined by department rule. All drainfield repairs,
  126  replacements or modification to systems developed on or after
  127  January 1, 1983, shall meet a minimum 24-inch separation from
  128  the bottom of the drainfield to the wettest season water table
  129  elevation.
  130         (e) If documentation of a tank pump-out or a permitted new
  131  installation, repair, or modification of the system within the
  132  previous 5 years is provided, and states the capacity of the
  133  tank and indicates that the condition of the tank is not a
  134  sanitary or public health nuisance pursuant to department rule,
  135  a pump-out of the system is not required.
  136         (f) Owners are responsible for paying the cost of any
  137  required pump-out, repair, or replacement pursuant to department
  138  rule, and may not request partial evaluation or the omission of
  139  portions of the evaluation.
  140         (g) Each evaluation or pump-out required under this
  141  subsection must be performed by a septic tank contractor or
  142  master septic tank contractor registered under part III of
  143  chapter 489, a professional engineer with wastewater treatment
  144  system experience licensed pursuant to chapter 471, or an
  145  environmental health professional certified under chapter 381 in
  146  the area of onsite sewage treatment and disposal system
  147  evaluation.
  148         (h) The evaluation report fee collected pursuant to s.
  149  381.0066(2)(b) shall be remitted to the department by the
  150  evaluator at the time the report is submitted.
  151         (i) Prior to any evaluation deadline, the department must
  152  provide a minimum of 60 days’ notice to owners that their
  153  systems must be evaluated by that deadline. The department may
  154  include a copy of any homeowner educational materials developed
  155  pursuant to this section which provides information on the
  156  proper maintenance of onsite sewage treatment and disposal
  157  systems.
  158         (5)(6) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.—
  159         (a) Department personnel who have reason to believe
  160  noncompliance exists, may at any reasonable time, enter the
  161  premises permitted under ss. 381.0065-381.0066, or the business
  162  premises of any septic tank contractor or master septic tank
  163  contractor registered under part III of chapter 489, or any
  164  premises that the department has reason to believe is being
  165  operated or maintained not in compliance, to determine
  166  compliance with the provisions of this section, part I of
  167  chapter 386, or part III of chapter 489 or rules or standards
  168  adopted under ss. 381.0065-381.0067, part I of chapter 386, or
  169  part III of chapter 489. As used in this paragraph, the term
  170  “premises” does not include a residence or private building. To
  171  gain entry to a residence or private building, the department
  172  must obtain permission from the owner or occupant or secure an
  173  inspection warrant from a court of competent jurisdiction.
  174         (b)1. The department may issue citations that may contain
  175  an order of correction or an order to pay a fine, or both, for
  176  violations of ss. 381.0065-381.0067, part I of chapter 386, or
  177  part III of chapter 489 or the rules adopted by the department,
  178  when a violation of these sections or rules is enforceable by an
  179  administrative or civil remedy, or when a violation of these
  180  sections or rules is a misdemeanor of the second degree. A
  181  citation issued under ss. 381.0065-381.0067, part I of chapter
  182  386, or part III of chapter 489 constitutes a notice of proposed
  183  agency action.
  184         2. A citation must be in writing and must describe the
  185  particular nature of the violation, including specific reference
  186  to the provisions of law or rule allegedly violated.
  187         3. The fines imposed by a citation issued by the department
  188  may not exceed $500 for each violation. Each day the violation
  189  exists constitutes a separate violation for which a citation may
  190  be issued.
  191         4. The department shall inform the recipient, by written
  192  notice pursuant to ss. 120.569 and 120.57, of the right to an
  193  administrative hearing to contest the citation within 21 days
  194  after the date the citation is received. The citation must
  195  contain a conspicuous statement that if the recipient fails to
  196  pay the fine within the time allowed, or fails to appear to
  197  contest the citation after having requested a hearing, the
  198  recipient has waived the recipient’s right to contest the
  199  citation and must pay an amount up to the maximum fine.
  200         5. The department may reduce or waive the fine imposed by
  201  the citation. In determining whether to reduce or waive the
  202  fine, the department must consider the gravity of the violation,
  203  the person’s attempts at correcting the violation, and the
  204  person’s history of previous violations including violations for
  205  which enforcement actions were taken under ss. 381.0065
  206  381.0067, part I of chapter 386, part III of chapter 489, or
  207  other provisions of law or rule.
  208         6. Any person who willfully refuses to sign and accept a
  209  citation issued by the department commits a misdemeanor of the
  210  second degree, punishable as provided in s. 775.082 or s.
  211  775.083.
  212         7. The department, pursuant to ss. 381.0065-381.0067, part
  213  I of chapter 386, or part III of chapter 489, shall deposit any
  214  fines it collects in the county health department trust fund for
  215  use in providing services specified in those sections.
  216         8. This section provides an alternative means of enforcing
  217  ss. 381.0065-381.0067, part I of chapter 386, and part III of
  218  chapter 489. This section does not prohibit the department from
  219  enforcing ss. 381.0065-381.0067, part I of chapter 386, or part
  220  III of chapter 489, or its rules, by any other means. However,
  221  the department must elect to use only a single method of
  222  enforcement for each violation.
  223         (7) LAND APPLICATION OF SEPTAGE PROHIBITED.—Effective
  224  January 1, 2016, the land application of septage from onsite
  225  sewage treatment and disposal systems is prohibited. By February
  226  1, 2011, the department, in consultation with the Department of
  227  Environmental Protection, shall provide a report to the
  228  Governor, the President of the Senate, and the Speaker of the
  229  House of Representatives, recommending alternative methods to
  230  establish enhanced treatment levels for the land application of
  231  septage from onsite sewage and disposal systems. The report
  232  shall include, but is not limited to, a schedule for the
  233  reduction in land application, appropriate treatment levels,
  234  alternative methods for treatment and disposal, enhanced
  235  application site permitting requirements including any
  236  requirements for nutrient management plans, and the range of
  237  costs to local governments, affected businesses, and individuals
  238  for alternative treatment and disposal methods. The report shall
  239  also include any recommendations for legislation or rule
  240  authority needed to reduce land application of septage.
  241         Section 2. Section 381.00651, Florida Statutes, is created
  242  to read:
  243         381.00651 Periodic evaluation and assessment of onsite
  244  sewage treatment and disposal systems.—
  245         (1) Beginning January 1, 2012, the Department of Health
  246  shall begin implementing and administering an evaluation pilot
  247  program for onsite sewage treatment and disposal systems in
  248  order to assess the fundamental operational condition of the
  249  systems and identify any system failures. The pilot program may
  250  be implemented only within those counties identified by the
  251  Department of Environmental Protection which contain a first
  252  magnitude spring or an impaired watershed basin. The
  253  department’s rulemaking authority is limited to adopting only
  254  those rules that are necessary to establish:
  255         (a) Enforcement procedures for a system owner whose system
  256  does not comply with the evaluation program requirements or for
  257  a contractor who fails to timely submit evaluation results to
  258  the department and the system owner.
  259         (b) Procedures necessary to ensure a uniform, orderly, and
  260  consistent implementation of the program by the department in
  261  affected counties, including those additional counties that
  262  voluntarily choose to participate in the pilot program, in whole
  263  or in part.
  264         (c) Inspection and tracking procedures and an evaluation
  265  form pursuant to subsection (3).
  266  
  267  In administering this program, the department has all of the
  268  enforcement powers granted under s. 381.0065(5). Counties
  269  outside the pilot program area may participate in the pilot
  270  program pursuant to this section by adopting an ordinance and
  271  providing written notice to the department. Such counties may
  272  also partially participate in the program by having the program
  273  apply only to certain areas of the county. Counties that have
  274  established their own onsite sewage treatment and disposal
  275  inspection program by ordinance, which ordinance has been in
  276  effect for at least 1 year before the effective date of this
  277  act, are not required to participate in the pilot program if the
  278  county provides written notice to the department.
  279         (2) The owner of an onsite sewage treatment and disposal
  280  system, excluding a system for which an operating permit is
  281  required, shall have the system pumped out and evaluated at
  282  least once every 5 years to assess the fundamental operational
  283  condition of the system and to identify system failures. For
  284  purposes of this section, the term “system failure” means a
  285  condition existing within an onsite sewage treatment and
  286  disposal system which results in the discharge of untreated or
  287  partially treated wastewater onto the ground surface or into
  288  surface water, or which results in the failure of building
  289  plumbing to discharge properly. No system failure exists solely
  290  because the system does not have the minimum separation distance
  291  between the drainfield and the wet season water table.
  292         (3) The department shall adopt by rule an evaluation form
  293  that is developed by the department’s technical review and
  294  advisory panel. All evaluation procedures must be documented by
  295  a contractor using the standardized form. At a minimum, the form
  296  for the evaluation must include a basic tank and drainfield
  297  evaluation and a written assessment of the condition of the
  298  system. The department shall, as part of the uniform statewide
  299  comprehensive evaluation, tracking, and reporting system to be
  300  developed pursuant to subsection (10), allow the contractor to
  301  submit via a secure Internet connection the information required
  302  in the standardized form. The department shall provide that the
  303  information is directly entered into the tracking and reporting
  304  system.
  305         (4) A pump out of the system is not required if the owner
  306  of an onsite sewage treatment and disposal system provides
  307  documentation that:
  308         (a) Within the previous 5 years, the tank has been pumped
  309  out or is a permitted new installation, repair, or modification
  310  of the system;
  311         (b) States the capacity of the tank; and
  312         (c) States that the condition of the tank is structurally
  313  sound and watertight.
  314         (5) The department shall require that a system be repaired,
  315  modified, or replaced if the evaluation identifies a system
  316  failure. The department shall select the least costly remedial
  317  measure to repair or to resolve the system failure. An
  318  obstruction in a sanitary line, an effluent screen, or a filter
  319  which prevents effluent from flowing into a drainfield is not a
  320  failure. The owner is responsible for paying the cost of any
  321  required repair, modification, or replacement, and may not
  322  request partial evaluation or the omission of portions of the
  323  evaluation. Remedial measures to resolve a system failure must
  324  bring the system into compliance with the code in place at the
  325  time the system was originally permitted and installed.
  326         (6) Each evaluation or pump out required under this section
  327  must be performed by a septic tank contractor or master septic
  328  tank contractor registered under part III of chapter 489, a
  329  professional engineer licensed pursuant to chapter 471 who has
  330  experience with wastewater treatment systems, or an
  331  environmental health professional certified under chapter 381 in
  332  the area of onsite sewage treatment and disposal system
  333  evaluation. Evaluations and pump outs may also be performed by
  334  authorized employees working under the supervision of the
  335  individuals listed in this subsection.
  336         (7) The evaluator shall remit the evaluation report fee
  337  collected pursuant to s. 381.0066(2)(b) concurrently with the
  338  report.
  339         (8) The department shall provide notice to owners at least
  340  60 days before an evaluation deadline that their systems must be
  341  evaluated by the deadline. The department may include a copy of
  342  any homeowner educational materials developed pursuant to this
  343  section which provides information on the proper maintenance of
  344  onsite sewage treatment and disposal systems.
  345         (9) The department and the Department of Environmental
  346  Protection shall collaborate to notify counties of program funds
  347  available under s. 319 of the Clean Water Act, 33 U.S.C. s. 1251
  348  et seq., as amended. The departments shall collaborate to create
  349  a revolving loan program modeled after the low-interest loan
  350  program of the state revolving fund which provides low-interest
  351  loans to residents for the repair of failing systems. Counties
  352  are encouraged to sponsor remediation of areawide system
  353  failures. The department shall provide direct assistance in the
  354  application process to those counties that participate in and
  355  establish low-interest loan programs for homeowners having
  356  failing systems.
  357         (10) The department shall contract with a qualified private
  358  entity to develop a uniform statewide comprehensive computerized
  359  evaluation, tracking, and reporting system for each county that
  360  adopts a system evaluation program pursuant to this section. The
  361  tracking system shall identify within each applicable county the
  362  address, location, and total number of onsite systems; document
  363  and categorize the number and types of failures; and assess the
  364  overall condition of systems using the information as reported
  365  and contained in the inspection form adopted pursuant to this
  366  section. The data collected for the system evaluation and septic
  367  tank inspection program shall be continuously updated and used
  368  for the identification and categorization of onsite systems. The
  369  tracking system shall be used to identify systems due for
  370  inspection and to notify the department when the inspections are
  371  to take place.
  372         Section 3. Section 381.00656, Florida Statutes, is amended
  373  to read:
  374         381.00656 Grant program for repair of onsite sewage
  375  treatment disposal systems.—Effective January 1, 2013 2012, the
  376  department shall administer a grant program to assist owners of
  377  onsite sewage treatment and disposal systems identified pursuant
  378  to s. 381.0065, s. 381.00651, or the rules adopted thereunder. A
  379  grant under the program may be awarded to an owner only for the
  380  purpose of inspecting, pumping, repairing, or replacing a system
  381  serving a single-family residence occupied by an owner with a
  382  family income of less than or equal to 133 percent of the
  383  federal poverty level at the time of application. The department
  384  may prioritize applications for an award of grant funds based
  385  upon the severity of a system’s failure, its relative
  386  environmental impact, the income of the family, or any
  387  combination thereof. The department shall adopt rules
  388  establishing the grant application and award process, including
  389  an application form. The department shall seek to make grants in
  390  each fiscal year equal to the total amount of grant funds
  391  available, with any excess funds used for grant awards in
  392  subsequent fiscal years.
  393         Section 4. Subsection (2) of section 381.0066, Florida
  394  Statutes, is amended to read:
  395         381.0066 Onsite sewage treatment and disposal systems;
  396  fees.—
  397         (2) The minimum fees in the following fee schedule apply
  398  until changed by rule by the department within the following
  399  limits:
  400         (a) Application review, permit issuance, or system
  401  inspection, including repair of a subsurface, mound, filled, or
  402  other alternative system or permitting of an abandoned system: a
  403  fee of not less than $25, or more than $125.
  404         (b) A 5-year evaluation report submitted pursuant to s.
  405  381.00651 381.0065(5): a fee not less than $10 $15, or more than
  406  $15 $30. At least $1 and no more than $5 collected pursuant to
  407  this paragraph shall be used to fund a grant program established
  408  under s. 381.00656.
  409         (c) Site evaluation, site reevaluation, evaluation of a
  410  system previously in use, or a per annum septage disposal site
  411  evaluation: a fee of not less than $40, or more than $115.
  412         (d) Biennial Operating permit for aerobic treatment units
  413  or performance-based treatment systems: a fee of not more than
  414  $100.
  415         (e) Annual operating permit for systems located in areas
  416  zoned for industrial manufacturing or equivalent uses or where
  417  the system is expected to receive wastewater which is not
  418  domestic in nature: a fee of not less than $150, or more than
  419  $300.
  420         (f) Innovative technology: a fee not to exceed $25,000.
  421         (g) Septage disposal service, septage stabilization
  422  facility, portable or temporary toilet service, tank
  423  manufacturer inspection: a fee of not less than $25, or more
  424  than $200, per year.
  425         (h) Application for variance: a fee of not less than $150,
  426  or more than $300.
  427         (i) Annual operating permit for waterless, incinerating, or
  428  organic waste composting toilets: a fee of not less than $50, or
  429  more than $150.
  430         (j) Aerobic treatment unit or performance-based treatment
  431  system maintenance entity permit: a fee of not less than $25, or
  432  more than $150, per year.
  433         (k) Reinspection fee per visit for site inspection after
  434  system construction approval or for noncompliant system
  435  installation per site visit: a fee of not less than $25, or more
  436  than $100.
  437         (l) Research: An additional $5 fee shall be added to each
  438  new system construction permit issued to be used to fund onsite
  439  sewage treatment and disposal system research, demonstration,
  440  and training projects. Five dollars from any repair permit fee
  441  collected under this section shall be used for funding the
  442  hands-on training centers described in s. 381.0065(3)(j).
  443         (m) Annual operating permit, including annual inspection
  444  and any required sampling and laboratory analysis of effluent,
  445  for an engineer-designed performance-based system: a fee of not
  446  less than $150, or more than $300.
  447  
  448  On or before January 1, 2011, the Surgeon General, after
  449  consultation with the Revenue Estimating Conference, shall
  450  determine a revenue neutral fee schedule for services provided
  451  pursuant to s. 381.00651 381.0065(5) within the parameters set
  452  in paragraph (b). Such determination is not subject to the
  453  provisions of chapter 120. The funds collected pursuant to this
  454  subsection must be deposited in a trust fund administered by the
  455  department, to be used for the purposes stated in this section
  456  and ss. 381.0065 and 381.00655.
  457         Section 5. This act shall take effect upon becoming a law.