Bill Text: FL S1698 | 2011 | 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: 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Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1698 Detail]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
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Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1698 Detail]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 SB 1698 By the Committee on Health Regulation; and Senator Dean 588-03213-11 20111698c1 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; deleting 22 provisions prohibiting the land application of septage 23 and requiring the Department of Environmental 24 Protection to recommend to the Governor and 25 Legislature alternative methods for land application 26 of septage; creating s. 381.00651, F.S.; requiring a 27 county or municipality to adopt under certain 28 circumstances a local ordinance creating a program for 29 the periodic evaluation and assessment of onsite 30 sewage treatment and disposal systems; requiring the 31 county or municipality to notify the Secretary of 32 State of the ordinance; authorizing a county or 33 municipality, in specified circumstances, to opt out 34 of certain requirements by a specified date; 35 authorizing a county or municipality to adopt or 36 repeal, after a specified date, an ordinance creating 37 an evaluation and assessment program; providing 38 criteria for evaluations, qualified contractors, 39 repair of systems, exemptions, notifications, fees, 40 and penalties; requiring that certain procedures be 41 used for conducting tank and drainfield evaluations; 42 providing for certain procedures in special 43 circumstances; providing for assessment procedures; 44 requiring the county or municipality to develop a 45 system for tracking the evaluations; providing 46 criteria; requiring counties and municipalities to 47 notify the Secretary of Environmental Protection that 48 an evaluation program ordinance is adopted; requiring 49 the department to notify those counties or 50 municipalities of the use of, and access to, certain 51 state and federal program funds; requiring the 52 department to provide certain advice and technical 53 assistance, within existing resources, upon request 54 from a county or municipality; amending s. 381.00656, 55 F.S.; extending the date by which the Department of 56 Health is required to begin administering the grant 57 program for the repair of onsite sewage treatment 58 disposal systems; adding a cross-reference; amending 59 s. 381.0066, F.S.; conforming a cross-reference; 60 lowering the fees imposed by the department for 61 evaluation reports; providing an effective date. 62 63 Be It Enacted by the Legislature of the State of Florida: 64 65 Section 1. Subsections (1), (5), (6), and (7) of section 66 381.0065, Florida Statues, as amended by chapter 2010-283, Laws 67 of Florida, are amended, present paragraphs (b) through (p) of 68 subsection (2) of that section are redesignated as paragraphs 69 (c) through (q), respectively, a new paragraph (b) is added to 70 that subsection, and paragraphs (w), (x), (y), and (z) are added 71 to subsection (4) of that section, to read: 72 381.0065 Onsite sewage treatment and disposal systems; 73 regulation.— 74 (1) LEGISLATIVE INTENT.— 75(a) It is the intent of the Legislature that proper76management of onsite sewage treatment and disposal systems is77paramount to the health, safety, and welfare of the public. It78is further the intent of the Legislature that the department79shall administer an evaluation program to ensure the operational80condition of the system and identify any failure with the81system.82(b)It is the intent of the Legislature that where a 83 publicly owned or investor-owned sewerage system is not 84 available, the department shall issue permits for the 85 construction, installation, modification, abandonment, or repair 86 of onsite sewage treatment and disposal systems under conditions 87 as described in this section and rules adopted under this 88 section. It is further the intent of the Legislature that the 89 installation and use of onsite sewage treatment and disposal 90 systems not adversely affect the public health or significantly 91 degrade the groundwater or surface water. 92 (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the 93 term: 94 (b) “Bedroom” means a room that can be used for sleeping 95 which, for site-built dwellings, has a minimum 70 square feet of 96 conditioned space, or, for manufactured homes constructed to HUD 97 standards, has a minimum square footage of 50 square feet of 98 floor area and is located along an exterior wall, has a closet 99 and a door or an entrance where a door could be reasonably 100 installed, and an emergency means of escape and rescue opening 101 to the outside. A room may not be considered a bedroom if it is 102 used to access another room, unless the room that is accessed is 103 a bathroom or closet and does not include a hallway, bathroom, 104 kitchen, living room, family room, dining room, den, breakfast 105 nook, pantry, laundry room, sunroom, recreation room, 106 media/video room, or exercise room. For the purpose of 107 determining system capacity, occupancy is calculated at a 108 maximum of two persons per bedroom. 109 (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not 110 construct, repair, modify, abandon, or operate an onsite sewage 111 treatment and disposal system without first obtaining a permit 112 approved by the department. The department may issue permits to 113 carry out this section, but shall not make the issuance of such 114 permits contingent upon prior approval by the Department of 115 Environmental Protection, except that the issuance of a permit 116 for work seaward of the coastal construction control line 117 established under s. 161.053 shall be contingent upon receipt of 118 any required coastal construction control line permit from the 119 Department of Environmental Protection. A construction permit is 120 valid for 18 months from the issuance date and may be extended 121 by the department for one 90-day period under rules adopted by 122 the department. A repair permit is valid for 90 days from the 123 date of issuance. An operating permit must be obtained prior to 124 the use of any aerobic treatment unit or if the establishment 125 generates commercial waste. Buildings or establishments that use 126 an aerobic treatment unit or generate commercial waste shall be 127 inspected by the department at least annually to assure 128 compliance with the terms of the operating permit. The operating 129 permit for a commercial wastewater system is valid for 1 year 130 from the date of issuance and must be renewed annually. The 131 operating permit for an aerobic treatment unit is valid for 2 132 years from the date of issuance and must be renewed every 2 133 years. If all information pertaining to the siting, location, 134 and installation conditions or repair of an onsite sewage 135 treatment and disposal system remains the same, a construction 136 or repair permit for the onsite sewage treatment and disposal 137 system may be transferred to another person, if the transferee 138 files, within 60 days after the transfer of ownership, an 139 amended application providing all corrected information and 140 proof of ownership of the property. There is no fee associated 141 with the processing of this supplemental information. A person 142 may not contract to construct, modify, alter, repair, service, 143 abandon, or maintain any portion of an onsite sewage treatment 144 and disposal system without being registered under part III of 145 chapter 489. A property owner who personally performs 146 construction, maintenance, or repairs to a system serving his or 147 her own owner-occupied single-family residence is exempt from 148 registration requirements for performing such construction, 149 maintenance, or repairs on that residence, but is subject to all 150 permitting requirements. A municipality or political subdivision 151 of the state may not issue a building or plumbing permit for any 152 building that requires the use of an onsite sewage treatment and 153 disposal system unless the owner or builder has received a 154 construction permit for such system from the department. A 155 building or structure may not be occupied and a municipality, 156 political subdivision, or any state or federal agency may not 157 authorize occupancy until the department approves the final 158 installation of the onsite sewage treatment and disposal system. 159 A municipality or political subdivision of the state may not 160 approve any change in occupancy or tenancy of a building that 161 uses an onsite sewage treatment and disposal system until the 162 department has reviewed the use of the system with the proposed 163 change, approved the change, and amended the operating permit. 164 (w) Any permit issued and approved by the department for 165 the installation, modification, or repair of an onsite sewage 166 treatment and disposal system shall transfer with the title to 167 the property. A title is not encumbered at the time of transfer 168 by new permit requirements by a governmental entity for an 169 onsite sewage treatment and disposal system which differ from 170 the permitting requirements in effect at the time the system was 171 permitted, modified, or repaired. 172 (x) An onsite sewage treatment and disposal system is not 173 considered abandoned if the properly functioning onsite sewage 174 treatment and disposal system is disconnected from a structure 175 that was made unusable or destroyed following a disaster and the 176 system was not adversely affected by the disaster. The onsite 177 system may be reconnected to a rebuilt structure if: 178 1. The reconnection of the onsite sewage treatment and 179 disposal system is to the same type and approximate size of 180 rebuilt structure that existed prior to the disaster; 181 2. The onsite sewage treatment and disposal system is not a 182 sanitary nuisance; and 183 3. The onsite sewage treatment and disposal system has not 184 been altered without prior authorization. 185 186 An onsite sewage treatment and disposal system that serves a 187 property that is foreclosed upon is not an abandoned system. 188 (y) If an onsite sewage treatment and disposal system 189 permittee receives, relies upon, and undertakes construction of 190 a system based upon a validly issued construction permit under 191 rules applicable at the time of construction, but a change to a 192 rule occurs after the approval of the system for construction 193 but before the final approval of the system, the rules 194 applicable and in effect at the time of construction approval 195 apply at the time of final approval if fundamental site 196 conditions have not changed between the time of construction 197 approval and final approval. 198 (z) A modification, replacement, or upgrade of an onsite 199 sewage treatment and disposal system is not required for a 200 remodeling addition to a single-family home if a bedroom is not 201 added. 202(5) EVALUATION AND ASSESSMENT.—203(a) Beginning July 1, 2011, the department shall administer204an onsite sewage treatment and disposal system evaluation205program for the purpose of assessing the fundamental operational206condition of systems and identifying any failures within the207systems. The department shall adopt rules implementing the208program standards, procedures, and requirements, including, but209not limited to, a schedule for a 5-year evaluation cycle,210requirements for the pump-out of a system or repair of a failing211system, enforcement procedures for failure of a system owner to212obtain an evaluation of the system, and failure of a contractor213to timely submit evaluation results to the department and the214system owner. The department shall ensure statewide215implementation of the evaluation and assessment program by216January 1, 2016.217(b) Owners of an onsite sewage treatment and disposal218system, excluding a system that is required to obtain an219operating permit, shall have the system evaluated at least once220every 5 years to assess the fundamental operational condition of221the system, and identify any failure within the system.222(c) All evaluation procedures must be documented and223nothing in this subsection limits the amount of detail an224evaluator may provide at his or her professional discretion. The225evaluation must include a tank and drainfield evaluation, a226written assessment of the condition of the system, and, if227necessary, a disclosure statement pursuant to the department’s228procedure.229(d)1. Systems being evaluated that were installed prior to230January 1, 1983, shall meet a minimum 6-inch separation from the231bottom of the drainfield to the wettest season water table232elevation as defined by department rule. All drainfield repairs,233replacements or modifications to systems installed prior to234January 1, 1983, shall meet a minimum 12-inch separation from235the bottom of the drainfield to the wettest season water table236elevation as defined by department rule.2372. Systems being evaluated that were installed on or after238January 1, 1983, shall meet a minimum 12-inch separation from239the bottom of the drainfield to the wettest season water table240elevation as defined by department rule. All drainfield repairs,241replacements or modification to systems developed on or after242January 1, 1983, shall meet a minimum 24-inch separation from243the bottom of the drainfield to the wettest season water table244elevation.245(e) If documentation of a tank pump-out or a permitted new246installation, repair, or modification of the system within the247previous 5 years is provided, and states the capacity of the248tank and indicates that the condition of the tank is not a249sanitary or public health nuisance pursuant to department rule,250a pump-out of the system is not required.251(f) Owners are responsible for paying the cost of any252required pump-out, repair, or replacement pursuant to department253rule, and may not request partial evaluation or the omission of254portions of the evaluation.255(g) Each evaluation or pump-out required under this256subsection must be performed by a septic tank contractor or257master septic tank contractor registered under part III of258chapter 489, a professional engineer with wastewater treatment259system experience licensed pursuant to chapter 471, or an260environmental health professional certified under chapter 381 in261the area of onsite sewage treatment and disposal system262evaluation.263(h) The evaluation report fee collected pursuant to s.264381.0066(2)(b) shall be remitted to the department by the265evaluator at the time the report is submitted.266(i) Prior to any evaluation deadline, the department must267provide a minimum of 60 days’ notice to owners that their268systems must be evaluated by that deadline. The department may269include a copy of any homeowner educational materials developed270pursuant to this section which provides information on the271proper maintenance of onsite sewage treatment and disposal272systems.273 (5)(6)ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.— 274 (a) Department personnel who have reason to believe 275 noncompliance exists, may at any reasonable time, enter the 276 premises permitted under ss. 381.0065-381.0066, or the business 277 premises of any septic tank contractor or master septic tank 278 contractor registered under part III of chapter 489, or any 279 premises that the department has reason to believe is being 280 operated or maintained not in compliance, to determine 281 compliance with the provisions of this section, part I of 282 chapter 386, or part III of chapter 489 or rules or standards 283 adopted under ss. 381.0065-381.0067, part I of chapter 386, or 284 part III of chapter 489. As used in this paragraph, the term 285 “premises” does not include a residence or private building. To 286 gain entry to a residence or private building, the department 287 must obtain permission from the owner or occupant or secure an 288 inspection warrant from a court of competent jurisdiction. 289 (b)1. The department may issue citations that may contain 290 an order of correction or an order to pay a fine, or both, for 291 violations of ss. 381.0065-381.0067, part I of chapter 386, or 292 part III of chapter 489 or the rules adopted by the department, 293 when a violation of these sections or rules is enforceable by an 294 administrative or civil remedy, or when a violation of these 295 sections or rules is a misdemeanor of the second degree. A 296 citation issued under ss. 381.0065-381.0067, part I of chapter 297 386, or part III of chapter 489 constitutes a notice of proposed 298 agency action. 299 2. A citation must be in writing and must describe the 300 particular nature of the violation, including specific reference 301 to the provisions of law or rule allegedly violated. 302 3. The fines imposed by a citation issued by the department 303 may not exceed $500 for each violation. Each day the violation 304 exists constitutes a separate violation for which a citation may 305 be issued. 306 4. The department shall inform the recipient, by written 307 notice pursuant to ss. 120.569 and 120.57, of the right to an 308 administrative hearing to contest the citation within 21 days 309 after the date the citation is received. The citation must 310 contain a conspicuous statement that if the recipient fails to 311 pay the fine within the time allowed, or fails to appear to 312 contest the citation after having requested a hearing, the 313 recipient has waived the recipient’s right to contest the 314 citation and must pay an amount up to the maximum fine. 315 5. The department may reduce or waive the fine imposed by 316 the citation. In determining whether to reduce or waive the 317 fine, the department must consider the gravity of the violation, 318 the person’s attempts at correcting the violation, and the 319 person’s history of previous violations including violations for 320 which enforcement actions were taken under ss. 381.0065 321 381.0067, part I of chapter 386, part III of chapter 489, or 322 other provisions of law or rule. 323 6. Any person who willfully refuses to sign and accept a 324 citation issued by the department commits a misdemeanor of the 325 second degree, punishable as provided in s. 775.082 or s. 326 775.083. 327 7. The department, pursuant to ss. 381.0065-381.0067, part 328 I of chapter 386, or part III of chapter 489, shall deposit any 329 fines it collects in the county health department trust fund for 330 use in providing services specified in those sections. 331 8. This section provides an alternative means of enforcing 332 ss. 381.0065-381.0067, part I of chapter 386, and part III of 333 chapter 489. This section does not prohibit the department from 334 enforcing ss. 381.0065-381.0067, part I of chapter 386, or part 335 III of chapter 489, or its rules, by any other means. However, 336 the department must elect to use only a single method of 337 enforcement for each violation. 338(7) LAND APPLICATION OF SEPTAGE PROHIBITED.—Effective339January 1, 2016, the land application of septage from onsite340sewage treatment and disposal systems is prohibited. By February3411, 2011, the department, in consultation with the Department of342Environmental Protection, shall provide a report to the343Governor, the President of the Senate, and the Speaker of the344House of Representatives, recommending alternative methods to345establish enhanced treatment levels for the land application of346septage from onsite sewage and disposal systems. The report347shall include, but is not limited to, a schedule for the348reduction in land application, appropriate treatment levels,349alternative methods for treatment and disposal, enhanced350application site permitting requirements including any351requirements for nutrient management plans, and the range of352costs to local governments, affected businesses, and individuals353for alternative treatment and disposal methods. The report shall354also include any recommendations for legislation or rule355authority needed to reduce land application of septage.356 Section 2. Section 381.00651, Florida Statutes, is created 357 to read: 358 381.00651 Periodic evaluation and assessment of onsite 359 sewage treatment and disposal systems.— 360 (1) Effective January 1, 2012, any county or municipality 361 that does not opt out of this section shall develop and adopt by 362 ordinance a local onsite sewage treatment and disposal system 363 evaluation and assessment program within all or part of its 364 geographic area which meets the requirements of this subsection. 365 The county or municipality shall notify the Secretary of State 366 by letter of the adoption of such an ordinance pursuant to this 367 section. By a majority of the local elected body, a county or 368 municipality may opt out of the requirements of this section at 369 any time before January 1, 2012, by adopting a separate 370 resolution. The resolution shall be directed to and filed with 371 the Secretary of State and shall state the intent of the county 372 or municipality not to adopt an onsite sewage treatment and 373 disposal system evaluation and assessment program. A county or 374 municipality may subsequently adopt an ordinance imposing an 375 onsite sewage treatment and disposal system evaluation and 376 assessment program if the program meets the requirements of this 377 subsection. A county or municipality may repeal an ordinance 378 adopted pursuant to this section if the county or municipality 379 notifies the Secretary of State by letter of the repeal. The 380 local ordinances may not deviate from or exceed the substantive 381 requirements of this subsection. Such adopted ordinance shall 382 provide for the following: 383 (a) Evaluations.—An evaluation of any septic tank within 384 all or part of the county’s or municipality’s jurisdiction must 385 take place once every 5 years to assess the fundamental 386 operational condition of the system and to identify system 387 failures. The ordinance may not mandate an evaluation at the 388 point of sale in a real estate transaction and may not require a 389 soil examination. The location of the system shall be 390 identified. A tank and drainfield evaluation and a written 391 assessment of the overall condition of the system pursuant to 392 the assessment procedure prescribed in paragraph (2)(d) are 393 required. 394 (b) Qualified contractors.—Each evaluation required under 395 this subsection must be performed by a septic tank contractor or 396 master septic tank contractor registered under part III of 397 chapter 489, a professional engineer having wastewater treatment 398 system experience and licensed pursuant to chapter 471, or an 399 environmental health professional certified under this chapter 400 in the area of onsite sewage treatment and disposal system 401 evaluation. Evaluations and pump outs may also be performed by 402 an authorized employee working under the supervision of the 403 individuals listed in this paragraph; however, all evaluation 404 forms must be signed by a qualified contractor. 405 (c) Repair of systems.—A local ordinance may not require a 406 repair, modification, or replacement of a system as a result of 407 an evaluation unless the evaluation identifies a system failure. 408 For purposes of this subsection, the term “system failure” is 409 defined as a condition existing within an onsite sewage 410 treatment and disposal system which results in the discharge of 411 untreated or partially treated wastewater onto the ground 412 surface or into surface water, or which results in a sanitary 413 nuisance caused by the failure of building plumbing to discharge 414 properly. A system is not a failure if the system does not have 415 a minimum separation distance between the drainfield and the wet 416 season water table, or if an obstruction in a sanitary line or 417 an effluent screen or filter prevents effluent from flowing into 418 a drainfield. If a system failure is identified and several 419 remedial options are available to resolve the failure, the local 420 ordinance may not require more than the least costly remedial 421 measure to resolve the system failure. The homeowner may choose 422 the remedial measure to fix the system. There may be instances 423 in which a pump out is sufficient to resolve a system failure. 424 Remedial measures to resolve a system failure must meet the 425 requirements of the code in effect at the time the system was 426 originally permitted and installed, and are not required to meet 427 the current code requirements. 428 (d) Exemptions.—The local ordinance may exempt from the 429 evaluation requirements any system that is required to obtain an 430 operating permit or that is inspected by the department pursuant 431 to the annual permit inspection requirements of chapter 513. 432 (e) Notifications.—The local ordinance must require that 433 notice be given to the septic tank owner at least 60 days before 434 the septic tank is due for an evaluation. The notice may include 435 information on the proper maintenance of onsite sewage treatment 436 and disposal systems. 437 (f) Fees.—The local ordinance may authorize the assessment 438 of a fee not to exceed $30 paid by the owner of the septic tank 439 in order to cover the costs of administering the evaluation 440 program. 441 (g) Penalties.—The local ordinance must provide penalties 442 for qualified contractors and septic tank owners who do not 443 comply with requirements of the adopted ordinance. 444 (2) The following procedures shall be used for conducting 445 evaluations: 446 (a) Tank evaluation.—The tank evaluation shall assess the 447 apparent structural condition and water tightness of the tank 448 and shall estimate the size of the tank. The evaluation must 449 include a pump out. However, an ordinance may not require a pump 450 out if there is documentation that a tank pump out or a 451 permitted new installation, repair, or modification of the 452 system has occurred within the previous 5 years, and that 453 identifies the capacity of the tank and indicates that the 454 condition of the tank is structurally sound and watertight. 455 Visual inspection of the tank must be made when the tank is 456 empty to detect cracks, leaks, or other defects. Baffles or tees 457 must be checked to ensure that they are intact and secure. The 458 evaluation shall note the presence and condition of outlet 459 devices, effluent filters, and compartment walls; any structural 460 defect in the tank; and the condition and fit of the tank lid, 461 including manholes. If the tank, in the opinion of the qualified 462 contractor, is in danger of being damaged by leaving the tank 463 empty after inspection, the tank shall be refilled before 464 concluding the inspection. 465 (b) Drainfield evaluation.—The drainfield evaluation must 466 include a determination of the approximate size and location of 467 the drainfield. The evaluation shall state the condition of 468 surface vegetation, including whether there is any seepage 469 visible or excessively lush vegetation; state whether there is 470 ponding water within the drainfield; and identify the location 471 of any downspout or drain that encroaches or drains into the 472 drainfield area. The evaluation must contain an overall 473 assessment of the drainfield. 474 (c) Special circumstances.—If the system contains pumps, 475 siphons, or alarms, the following information must be provided: 476 1. An assessment of dosing tank integrity, including the 477 approximate volume and the type of material used in 478 construction; 479 2. Whether the pump is elevated off of the bottom of the 480 chamber and its operational status; 481 3. Whether there are a check valve and purge hole; whether 482 there is a high-water alarm, including whether the type of alarm 483 is audio or visual or both, the location of the alarm, and its 484 operational condition; and whether electrical connections appear 485 satisfactory; and 486 4. Whether surface water can infiltrate into the tank and 487 whether the tank was pumped out. 488 (d) Assessment procedure.—All evaluation procedures used by 489 a qualified contractor shall be documented. The qualified 490 contractor shall provide a copy of a written, signed evaluation 491 report to the property owner, the county or municipality, and 492 the county health department. A copy of the evaluation report 493 shall be retained by the local county health department for a 494 minimum of 5 years until a subsequent inspection report is 495 filed. The front cover of the report must identify any system 496 failure and include a clear and conspicuous notice to the owner 497 that the owner has a right to have any remediation of the 498 failure performed by a qualified contractor other than the 499 contractor performing the evaluation. The report must further 500 identify any crack, leak, improper fit or other defect in the 501 tank, manhole, or lid, and any other damaged or missing 502 component; any ponding of the drainfield or uneven distribution 503 of effluent and the extent of such effluent; any downspout or 504 other stormwater or source of water directed onto or toward the 505 system, including recommendations that such sources be 506 redirected away from the system; and any other maintenance need 507 or condition of the system at the time of the evaluation which, 508 in the opinion of the qualified contractor, would possibly 509 interfere with or restrict any future repair or modification to 510 the existing system. The report shall conclude with an overall 511 assessment of the fundamental operational condition of the 512 system. 513 (e) Tracking system.—A county or municipality that adopts 514 an evaluation program pursuant to this section shall develop, 515 accumulate, and assimilate its own database and establish a 516 computerized tracking system within its jurisdiction. Such 517 information shall be based upon information obtained from 518 written, signed evaluation reports given to property owners by 519 qualified contractors and filed with the county or municipality 520 and the county health department following an evaluation. The 521 information tracked must include: 522 1. The addresses or locations of the onsite systems; 523 2. The number of onsite systems within the local 524 jurisdiction; 525 3. The total number and types of system failures; and 526 4. Any other trends deemed relevant by the county or 527 municipality resulting from an assessment of the overall 528 condition of systems. 529 530 The computerized tracking system may be Internet-based and shall 531 be used by the county or municipality to notify homeowners when 532 evaluations are due. Data and information shall be recorded and 533 updated as evaluations are conducted and reported to the county 534 or municipality and the county health department. 535 (3) A county or municipality that adopts an onsite sewage 536 treatment and disposal system evaluation and assessment program 537 pursuant to this section shall notify the Secretary of 538 Environmental Protection upon the adoption of an ordinance. The 539 Department of Environmental Protection shall, within existing 540 resources and upon receipt of such notice, notify the county or 541 municipality of the potential use of, and access to, program 542 funds under the Clean Water State Revolving Fund or s. 319 of 543 the Clean Water Act. Upon request by a county or municipality, 544 the Department of Environmental Protection shall provide direct 545 technical assistance in the application process to receive 546 moneys under the Clean Water State Revolving Fund or s. 319 of 547 the Clean Water Act. The Department of Environmental Protection 548 shall also, within existing resources and upon request by a 549 county or municipality, provide advice and technical assistance 550 to the county or municipality on how to establish a low-interest 551 revolving loan program, how to model a revolving loan program 552 after the low-interest loan program of the Clean Water State 553 Revolving Fund, or how to provide low-interest loans to 554 residents for the repair of failing systems. This subsection 555 does not obligate the Department of Environmental Protection to 556 provide any money to fund such programs. 557 Section 3. Section 381.00656, Florida Statutes, is amended 558 to read: 559 381.00656 Grant program for repair of onsite sewage 560 treatment disposal systems.—Effective January 1, 20132012, the 561 department shall administer a grant program to assist owners of 562 onsite sewage treatment and disposal systems identified pursuant 563 to s. 381.0065, s. 381.00651, or the rules adopted thereunder. A 564 grant under the program may be awarded to an owner only for the 565 purpose of inspecting, pumping, repairing, or replacing a system 566 serving a single-family residence occupied by an owner with a 567 family income of less than or equal to 133 percent of the 568 federal poverty level at the time of application. The department 569 may prioritize applications for an award of grant funds based 570 upon the severity of a system’s failure, its relative 571 environmental impact, the income of the family, or any 572 combination thereof. The department shall adopt rules 573 establishing the grant application and award process, including 574 an application form. The department shall seek to make grants in 575 each fiscal year equal to the total amount of grant funds 576 available, with any excess funds used for grant awards in 577 subsequent fiscal years. 578 Section 4. Subsection (2) of section 381.0066, Florida 579 Statutes, is amended to read: 580 381.0066 Onsite sewage treatment and disposal systems; 581 fees.— 582 (2) The minimum fees in the following fee schedule apply 583 until changed by rule by the department within the following 584 limits: 585 (a) Application review, permit issuance, or system 586 inspection, including repair of a subsurface, mound, filled, or 587 other alternative system or permitting of an abandoned system: a 588 fee of not less than $25, or more than $125. 589 (b) A 5-year evaluation report submitted pursuant to s. 590 381.00651381.0065(5): a fee not less than $10$15, or more than 591 $15$30. At least$1 and no more than$5 collected pursuant to 592 this paragraph shall be used to fund a grant program established 593 under s. 381.00656. 594 (c) Site evaluation, site reevaluation, evaluation of a 595 system previously in use, or a per annum septage disposal site 596 evaluation: a fee of not less than $40, or more than $115. 597 (d) Biennial Operating permit for aerobic treatment units 598 or performance-based treatment systems: a fee of not more than 599 $100. 600 (e) Annual operating permit for systems located in areas 601 zoned for industrial manufacturing or equivalent uses or where 602 the system is expected to receive wastewater which is not 603 domestic in nature: a fee of not less than $150, or more than 604 $300. 605 (f) Innovative technology: a fee not to exceed $25,000. 606 (g) Septage disposal service, septage stabilization 607 facility, portable or temporary toilet service, tank 608 manufacturer inspection: a fee of not less than $25, or more 609 than $200, per year. 610 (h) Application for variance: a fee of not less than $150, 611 or more than $300. 612 (i) Annual operating permit for waterless, incinerating, or 613 organic waste composting toilets: a fee of not less than $15 614$50, or more than $30$150. 615 (j) Aerobic treatment unit or performance-based treatment 616 system maintenance entity permit: a fee of not less than $25, or 617 more than $150, per year. 618 (k) Reinspection fee per visit for site inspection after 619 system construction approval or for noncompliant system 620 installation per site visit: a fee of not less than $25, or more 621 than $100. 622 (l) Research: An additional $5 fee shall be added to each 623 new system construction permit issued to be used to fund onsite 624 sewage treatment and disposal system research, demonstration, 625 and training projects. Five dollars from any repair permit fee 626 collected under this section shall be used for funding the 627 hands-on training centers described in s. 381.0065(3)(j). 628 (m) Annual operating permit, including annual inspection 629 and any required sampling and laboratory analysis of effluent, 630 for an engineer-designed performance-based system: a fee of not 631 less than $150, or more than $300. 632 633 On or before January 1, 2011, the Surgeon General, after 634 consultation with the Revenue Estimating Conference, shall 635 determine a revenue neutral fee schedule for services provided 636 pursuant to s. 381.00651381.0065(5)within the parameters set 637 in paragraph (b). Such determination is not subject to the 638 provisions of chapter 120. The funds collected pursuant to this 639 subsection must be deposited in a trust fund administered by the 640 department, to be used for the purposes stated in this section 641 and ss. 381.0065 and 381.00655. 642 Section 5. This act shall take effect upon becoming a law.