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Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1698 Detail]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Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1698 Detail]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 CS for SB 1698 By the Committees on Environmental Preservation and Conservation; and Health Regulation; and Senator Dean 592-03429A-11 20111698c2 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 under certain circumstances a local ordinance 24 creating a program for the periodic evaluation and 25 assessment of onsite sewage treatment and disposal 26 systems; requiring the county or municipality to 27 notify the Secretary of State of the ordinance; 28 authorizing a county or municipality, in specified 29 circumstances, to opt out of certain requirements by a 30 specified date; authorizing a county or municipality 31 to adopt or repeal, after a specified date, an 32 ordinance creating an evaluation and assessment 33 program; providing criteria for evaluations, qualified 34 contractors, repair of systems, exemptions, 35 notifications, fees, and penalties; requiring that 36 certain procedures be used for conducting tank and 37 drainfield evaluations; providing for certain 38 procedures in special circumstances; providing for 39 assessment procedures; requiring the county or 40 municipality to develop a system for tracking the 41 evaluations; providing criteria; prohibiting a county 42 having a first magnitude spring from opting out of the 43 provisions of the act; requiring counties and 44 municipalities to notify the Secretary of 45 Environmental Protection that an evaluation program 46 ordinance is adopted; requiring the department to 47 notify those counties or municipalities of the use of, 48 and access to, certain state and federal program 49 funds; department to provide certain guidance, within 50 existing resources, upon request from a county or 51 municipality; amending s. 381.00656, F.S.; extending 52 the date by which the Department of Health is required 53 to begin administering the grant program for the 54 repair of onsite sewage treatment disposal systems; 55 adding a cross-reference; amending s. 381.0066, F.S.; 56 conforming a cross-reference; lowering the fees 57 imposed by the department for evaluation reports; 58 providing an effective date. 59 60 Be It Enacted by the Legislature of the State of Florida: 61 62 Section 1. Subsections (1), (5), and (6), of section 63 381.0065, Florida Statues, as amended by chapter 2010-283, Laws 64 of Florida, are amended, present paragraphs (b) through (p) of 65 subsection (2) of that section are redesignated as paragraphs 66 (c) through (q), respectively, a new paragraph (b) is added to 67 that subsection, and paragraphs (w), (x), (y), and (z) are added 68 to subsection (4) of that section, to read: 69 381.0065 Onsite sewage treatment and disposal systems; 70 regulation.— 71 (1) LEGISLATIVE INTENT.— 72(a) It is the intent of the Legislature that proper73management of onsite sewage treatment and disposal systems is74paramount to the health, safety, and welfare of the public. It75is further the intent of the Legislature that the department76shall administer an evaluation program to ensure the operational77condition of the system and identify any failure with the78system.79(b)It is the intent of the Legislature that where a 80 publicly owned or investor-owned sewerage system is not 81 available, the department shall issue permits for the 82 construction, installation, modification, abandonment, or repair 83 of onsite sewage treatment and disposal systems under conditions 84 as described in this section and rules adopted under this 85 section. It is further the intent of the Legislature that the 86 installation and use of onsite sewage treatment and disposal 87 systems not adversely affect the public health or significantly 88 degrade the groundwater or surface water. 89 (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the 90 term: 91 (b) “Bedroom” means a room that can be used for sleeping 92 which, for site-built dwellings, has a minimum 70 square feet of 93 conditioned space, or, for manufactured homes constructed to HUD 94 standards, has a minimum square footage of 50 square feet of 95 floor area and is located along an exterior wall, has a closet 96 and a door or an entrance where a door could be reasonably 97 installed, and an emergency means of escape and rescue opening 98 to the outside. A room may not be considered a bedroom if it is 99 used to access another room, unless the room that is accessed is 100 a bathroom or closet and does not include a hallway, bathroom, 101 kitchen, living room, family room, dining room, den, breakfast 102 nook, pantry, laundry room, sunroom, recreation room, 103 media/video room, or exercise room. For the purpose of 104 determining system capacity, occupancy is calculated at a 105 maximum of two persons per bedroom. 106 (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not 107 construct, repair, modify, abandon, or operate an onsite sewage 108 treatment and disposal system without first obtaining a permit 109 approved by the department. The department may issue permits to 110 carry out this section, but shall not make the issuance of such 111 permits contingent upon prior approval by the Department of 112 Environmental Protection, except that the issuance of a permit 113 for work seaward of the coastal construction control line 114 established under s. 161.053 shall be contingent upon receipt of 115 any required coastal construction control line permit from the 116 Department of Environmental Protection. A construction permit is 117 valid for 18 months from the issuance date and may be extended 118 by the department for one 90-day period under rules adopted by 119 the department. A repair permit is valid for 90 days from the 120 date of issuance. An operating permit must be obtained prior to 121 the use of any aerobic treatment unit or if the establishment 122 generates commercial waste. Buildings or establishments that use 123 an aerobic treatment unit or generate commercial waste shall be 124 inspected by the department at least annually to assure 125 compliance with the terms of the operating permit. The operating 126 permit for a commercial wastewater system is valid for 1 year 127 from the date of issuance and must be renewed annually. The 128 operating permit for an aerobic treatment unit is valid for 2 129 years from the date of issuance and must be renewed every 2 130 years. If all information pertaining to the siting, location, 131 and installation conditions or repair of an onsite sewage 132 treatment and disposal system remains the same, a construction 133 or repair permit for the onsite sewage treatment and disposal 134 system may be transferred to another person, if the transferee 135 files, within 60 days after the transfer of ownership, an 136 amended application providing all corrected information and 137 proof of ownership of the property. There is no fee associated 138 with the processing of this supplemental information. A person 139 may not contract to construct, modify, alter, repair, service, 140 abandon, or maintain any portion of an onsite sewage treatment 141 and disposal system without being registered under part III of 142 chapter 489. A property owner who personally performs 143 construction, maintenance, or repairs to a system serving his or 144 her own owner-occupied single-family residence is exempt from 145 registration requirements for performing such construction, 146 maintenance, or repairs on that residence, but is subject to all 147 permitting requirements. A municipality or political subdivision 148 of the state may not issue a building or plumbing permit for any 149 building that requires the use of an onsite sewage treatment and 150 disposal system unless the owner or builder has received a 151 construction permit for such system from the department. A 152 building or structure may not be occupied and a municipality, 153 political subdivision, or any state or federal agency may not 154 authorize occupancy until the department approves the final 155 installation of the onsite sewage treatment and disposal system. 156 A municipality or political subdivision of the state may not 157 approve any change in occupancy or tenancy of a building that 158 uses an onsite sewage treatment and disposal system until the 159 department has reviewed the use of the system with the proposed 160 change, approved the change, and amended the operating permit. 161 (w) Any permit issued and approved by the department for 162 the installation, modification, or repair of an onsite sewage 163 treatment and disposal system shall transfer with the title to 164 the property. A title is not encumbered at the time of transfer 165 by new permit requirements by a governmental entity for an 166 onsite sewage treatment and disposal system which differ from 167 the permitting requirements in effect at the time the system was 168 permitted, modified, or repaired. 169 (x) An onsite sewage treatment and disposal system is not 170 considered abandoned if the properly functioning onsite sewage 171 treatment and disposal system is disconnected from a structure 172 that was made unusable or destroyed following a disaster and the 173 system was not adversely affected by the disaster. The onsite 174 system may be reconnected to a rebuilt structure if: 175 1. The reconnection of the onsite sewage treatment and 176 disposal system is to the same type and approximate size of 177 rebuilt structure that existed prior to the disaster; 178 2. The onsite sewage treatment and disposal system is not a 179 sanitary nuisance; and 180 3. The onsite sewage treatment and disposal system has not 181 been altered without prior authorization. 182 183 An onsite sewage treatment and disposal system that serves a 184 property that is foreclosed upon is not an abandoned system. 185 (y) If an onsite sewage treatment and disposal system 186 permittee receives, relies upon, and undertakes construction of 187 a system based upon a validly issued construction permit under 188 rules applicable at the time of construction, but a change to a 189 rule occurs after the approval of the system for construction 190 but before the final approval of the system, the rules 191 applicable and in effect at the time of construction approval 192 apply at the time of final approval if fundamental site 193 conditions have not changed between the time of construction 194 approval and final approval. 195 (z) A modification, replacement, or upgrade of an onsite 196 sewage treatment and disposal system is not required for a 197 remodeling addition to a single-family home if a bedroom is not 198 added. 199(5) EVALUATION AND ASSESSMENT.—200(a) Beginning July 1, 2011, the department shall administer201an onsite sewage treatment and disposal system evaluation202program for the purpose of assessing the fundamental operational203condition of systems and identifying any failures within the204systems. The department shall adopt rules implementing the205program standards, procedures, and requirements, including, but206not limited to, a schedule for a 5-year evaluation cycle,207requirements for the pump-out of a system or repair of a failing208system, enforcement procedures for failure of a system owner to209obtain an evaluation of the system, and failure of a contractor210to timely submit evaluation results to the department and the211system owner. The department shall ensure statewide212implementation of the evaluation and assessment program by213January 1, 2016.214(b) Owners of an onsite sewage treatment and disposal215system, excluding a system that is required to obtain an216operating permit, shall have the system evaluated at least once217every 5 years to assess the fundamental operational condition of218the system, and identify any failure within the system.219(c) All evaluation procedures must be documented and220nothing in this subsection limits the amount of detail an221evaluator may provide at his or her professional discretion. The222evaluation must include a tank and drainfield evaluation, a223written assessment of the condition of the system, and, if224necessary, a disclosure statement pursuant to the department’s225procedure.226(d)1. Systems being evaluated that were installed prior to227January 1, 1983, shall meet a minimum 6-inch separation from the228bottom of the drainfield to the wettest season water table229elevation as defined by department rule. All drainfield repairs,230replacements or modifications to systems installed prior to231January 1, 1983, shall meet a minimum 12-inch separation from232the bottom of the drainfield to the wettest season water table233elevation as defined by department rule.2342. Systems being evaluated that were installed on or after235January 1, 1983, shall meet a minimum 12-inch separation from236the bottom of the drainfield to the wettest season water table237elevation as defined by department rule. All drainfield repairs,238replacements or modification to systems developed on or after239January 1, 1983, shall meet a minimum 24-inch separation from240the bottom of the drainfield to the wettest season water table241elevation.242(e) If documentation of a tank pump-out or a permitted new243installation, repair, or modification of the system within the244previous 5 years is provided, and states the capacity of the245tank and indicates that the condition of the tank is not a246sanitary or public health nuisance pursuant to department rule,247a pump-out of the system is not required.248(f) Owners are responsible for paying the cost of any249required pump-out, repair, or replacement pursuant to department250rule, and may not request partial evaluation or the omission of251portions of the evaluation.252(g) Each evaluation or pump-out required under this253subsection must be performed by a septic tank contractor or254master septic tank contractor registered under part III of255chapter 489, a professional engineer with wastewater treatment256system experience licensed pursuant to chapter 471, or an257environmental health professional certified under chapter 381 in258the area of onsite sewage treatment and disposal system259evaluation.260(h) The evaluation report fee collected pursuant to s.261381.0066(2)(b) shall be remitted to the department by the262evaluator at the time the report is submitted.263(i) Prior to any evaluation deadline, the department must264provide a minimum of 60 days’ notice to owners that their265systems must be evaluated by that deadline. The department may266include a copy of any homeowner educational materials developed267pursuant to this section which provides information on the268proper maintenance of onsite sewage treatment and disposal269systems.270 (5)(6)ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.— 271 (a) Department personnel who have reason to believe 272 noncompliance exists, may at any reasonable time, enter the 273 premises permitted under ss. 381.0065-381.0066, or the business 274 premises of any septic tank contractor or master septic tank 275 contractor registered under part III of chapter 489, or any 276 premises that the department has reason to believe is being 277 operated or maintained not in compliance, to determine 278 compliance with the provisions of this section, part I of 279 chapter 386, or part III of chapter 489 or rules or standards 280 adopted under ss. 381.0065-381.0067, part I of chapter 386, or 281 part III of chapter 489. As used in this paragraph, the term 282 “premises” does not include a residence or private building. To 283 gain entry to a residence or private building, the department 284 must obtain permission from the owner or occupant or secure an 285 inspection warrant from a court of competent jurisdiction. 286 (b)1. The department may issue citations that may contain 287 an order of correction or an order to pay a fine, or both, for 288 violations of ss. 381.0065-381.0067, part I of chapter 386, or 289 part III of chapter 489 or the rules adopted by the department, 290 when a violation of these sections or rules is enforceable by an 291 administrative or civil remedy, or when a violation of these 292 sections or rules is a misdemeanor of the second degree. A 293 citation issued under ss. 381.0065-381.0067, part I of chapter 294 386, or part III of chapter 489 constitutes a notice of proposed 295 agency action. 296 2. A citation must be in writing and must describe the 297 particular nature of the violation, including specific reference 298 to the provisions of law or rule allegedly violated. 299 3. The fines imposed by a citation issued by the department 300 may not exceed $500 for each violation. Each day the violation 301 exists constitutes a separate violation for which a citation may 302 be issued. 303 4. The department shall inform the recipient, by written 304 notice pursuant to ss. 120.569 and 120.57, of the right to an 305 administrative hearing to contest the citation within 21 days 306 after the date the citation is received. The citation must 307 contain a conspicuous statement that if the recipient fails to 308 pay the fine within the time allowed, or fails to appear to 309 contest the citation after having requested a hearing, the 310 recipient has waived the recipient’s right to contest the 311 citation and must pay an amount up to the maximum fine. 312 5. The department may reduce or waive the fine imposed by 313 the citation. In determining whether to reduce or waive the 314 fine, the department must consider the gravity of the violation, 315 the person’s attempts at correcting the violation, and the 316 person’s history of previous violations including violations for 317 which enforcement actions were taken under ss. 381.0065 318 381.0067, part I of chapter 386, part III of chapter 489, or 319 other provisions of law or rule. 320 6. Any person who willfully refuses to sign and accept a 321 citation issued by the department commits a misdemeanor of the 322 second degree, punishable as provided in s. 775.082 or s. 323 775.083. 324 7. The department, pursuant to ss. 381.0065-381.0067, part 325 I of chapter 386, or part III of chapter 489, shall deposit any 326 fines it collects in the county health department trust fund for 327 use in providing services specified in those sections. 328 8. This section provides an alternative means of enforcing 329 ss. 381.0065-381.0067, part I of chapter 386, and part III of 330 chapter 489. This section does not prohibit the department from 331 enforcing ss. 381.0065-381.0067, part I of chapter 386, or part 332 III of chapter 489, or its rules, by any other means. However, 333 the department must elect to use only a single method of 334 enforcement for each violation. 335 Section 2. Section 381.00651, Florida Statutes, is created 336 to read: 337 381.00651 Periodic evaluation and assessment of onsite 338 sewage treatment and disposal systems.— 339 (1) Effective January 1, 2012, any county or municipality 340 that does not opt out of this section shall develop and adopt by 341 ordinance a local onsite sewage treatment and disposal system 342 evaluation and assessment program within all or part of its 343 geographic area which meets the requirements of this subsection. 344 The county or municipality shall notify the Secretary of State 345 by letter of the adoption of such an ordinance pursuant to this 346 section. By a majority of the local elected body, a county or 347 municipality may opt out of the requirements of this section at 348 any time before January 1, 2012, by adopting a separate 349 resolution. The resolution shall be directed to and filed with 350 the Secretary of State and shall state the intent of the county 351 or municipality not to adopt an onsite sewage treatment and 352 disposal system evaluation and assessment program. A county or 353 municipality may subsequently adopt an ordinance imposing an 354 onsite sewage treatment and disposal system evaluation and 355 assessment program if the program meets the requirements of this 356 subsection. A county or municipality may repeal an ordinance 357 adopted pursuant to this section if the county or municipality 358 notifies the Secretary of State by letter of the repeal. Any 359 county identified as having a first magnitude spring within its 360 boundaries is prohibited from opting out of this section. The 361 local ordinances may not deviate from or exceed the substantive 362 requirements of this subsection. Such adopted ordinance shall 363 provide for the following: 364 (a) Evaluations.—An evaluation of any septic tank within 365 all or part of the county’s or municipality’s jurisdiction must 366 take place once every 5 years to assess the fundamental 367 operational condition of the system and to identify system 368 failures. The ordinance may not mandate an evaluation at the 369 point of sale in a real estate transaction and may not require a 370 soil examination. The location of the system shall be 371 identified. A tank and drainfield evaluation and a written 372 assessment of the overall condition of the system pursuant to 373 the assessment procedure prescribed in paragraph (2)(d) are 374 required. 375 (b) Qualified contractors.—Each evaluation required under 376 this subsection must be performed by a septic tank contractor or 377 master septic tank contractor registered under part III of 378 chapter 489, a professional engineer having wastewater treatment 379 system experience and licensed pursuant to chapter 471, or an 380 environmental health professional certified under this chapter 381 in the area of onsite sewage treatment and disposal system 382 evaluation. Evaluations and pump outs may also be performed by 383 an authorized employee working under the supervision of the 384 individuals listed in this paragraph; however, all evaluation 385 forms must be signed by a qualified contractor. 386 (c) Repair of systems.—A local ordinance may not require a 387 repair, modification, or replacement of a system as a result of 388 an evaluation unless the evaluation identifies a system failure. 389 For purposes of this subsection, the term “system failure” is 390 defined as a condition existing within an onsite sewage 391 treatment and disposal system which results in the discharge of 392 untreated or partially treated wastewater onto the ground 393 surface or into surface water, or which results in a sanitary 394 nuisance caused by the failure of building plumbing to discharge 395 properly. A system is not a failure if the system does not have 396 a minimum separation distance between the drainfield and the wet 397 season water table, or if an obstruction in a sanitary line or 398 an effluent screen or filter prevents effluent from flowing into 399 a drainfield. If a system failure is identified and several 400 remedial options are available to resolve the failure, the local 401 ordinance may not require more than the least costly remedial 402 measure to resolve the system failure. The homeowner may choose 403 the remedial measure to fix the system. There may be instances 404 in which a pump out is sufficient to resolve a system failure. 405 Remedial measures to resolve a system failure must meet the 406 requirements of the code in effect at the time the system’s 407 remedial measures are permitted and installed. 408 (d) Exemptions.—The local ordinance shall exempt from the 409 evaluation requirements any system that is required to obtain an 410 operating permit or that is inspected by the department pursuant 411 to the annual permit inspection requirements of chapter 513. 412 (e) Notifications.—The local ordinance must require that 413 notice be given to the septic tank owner at least 60 days before 414 the septic tank is due for an evaluation. The notice may include 415 information on the proper maintenance of onsite sewage treatment 416 and disposal systems. 417 (f) Fees.—The local ordinance may authorize the assessment 418 of a fee not to exceed $30 paid by the owner of the septic tank 419 in order to cover the costs of administering the evaluation 420 program. 421 (g) Penalties.—The local ordinance must provide penalties 422 for qualified contractors and septic tank owners who do not 423 comply with requirements of the adopted ordinance. 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, including whether there is any seepage 449 visible or excessively lush vegetation; state whether there is 450 ponding water within the drainfield; and identify the location 451 of any downspout or drain that encroaches or drains into the 452 drainfield area. The evaluation must contain an overall 453 assessment of the drainfield. 454 (c) Special circumstances.—If the system contains pumps, 455 siphons, or alarms, the following information must be provided: 456 1. An assessment of dosing tank integrity, including the 457 approximate volume and the type of material used in 458 construction; 459 2. Whether the pump is elevated off of the bottom of the 460 chamber and its operational status; 461 3. Whether there are a check valve and purge hole; whether 462 there is a high-water alarm, including whether the type of alarm 463 is audio or visual or both, the location of the alarm, and its 464 operational condition; and whether electrical connections appear 465 satisfactory; and 466 4. Whether surface water can infiltrate into the tank and 467 whether the tank was pumped out. 468 (d) Assessment procedure.—All evaluation procedures used by 469 a qualified contractor shall be documented. The qualified 470 contractor shall provide a copy of a written, signed evaluation 471 report to the property owner, the county or municipality, and 472 the county health department. A copy of the evaluation report 473 shall be retained by the local county health department for a 474 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 ponding of the drainfield or uneven distribution 483 of effluent and the extent of such effluent; any downspout or 484 other stormwater or source of water directed onto or toward the 485 system, including recommendations that such sources be 486 redirected away from the system; and any other maintenance need 487 or condition of the system at the time of the evaluation which, 488 in the opinion of the qualified contractor, would possibly 489 interfere with or restrict any future repair or modification to 490 the existing system. The report shall conclude with an overall 491 assessment of the fundamental operational condition of the 492 system. 493 (e) Tracking system.—A county or municipality that adopts 494 an evaluation program pursuant to this section shall develop, 495 accumulate, and assimilate its own database and establish a 496 computerized tracking system within its jurisdiction. Such 497 information shall be based upon information obtained from 498 written, signed evaluation reports given to property owners by 499 qualified contractors and filed with the county or municipality 500 and the county health department following an evaluation. The 501 information tracked must include: 502 1. The addresses or locations of the onsite systems; 503 2. The number of onsite systems within the local 504 jurisdiction; 505 3. The total number and types of system failures; and 506 4. Any other trends deemed relevant by the county or 507 municipality resulting from an assessment of the overall 508 condition of systems. 509 510 The computerized tracking system may be Internet-based and shall 511 be used by the county or municipality to notify homeowners when 512 evaluations are due. Data and information shall be recorded and 513 updated as evaluations are conducted and reported to the county 514 or municipality and the county health department. 515 (3) A county or municipality that adopts an onsite sewage 516 treatment and disposal system evaluation and assessment program 517 pursuant to this section shall notify the Secretary of 518 Environmental Protection upon the adoption of an ordinance. The 519 Department of Environmental Protection shall, within existing 520 resources and upon receipt of such notice, notify the county or 521 municipality of the potential use of, and access to, program 522 funds under the Clean Water State Revolving Fund or s. 319 of 523 the Clean Water Act. Upon request by a county or municipality, 524 the Department of Environmental Protection shall provide 525 guidance in the application process to receive moneys under the 526 Clean Water State Revolving Fund or s. 319 of the Clean Water 527 Act. The Department of Environmental Protection shall also, 528 within existing resources and upon request by a county or 529 municipality, provide advice and technical assistance to the 530 county or municipality on how to establish a low-interest 531 revolving loan program or how to model a revolving loan program 532 after the low-interest loan program of the Clean Water State 533 Revolving Fund. This subsection does not obligate the Department 534 of Environmental Protection to provide any money to fund such 535 programs. 536 Section 3. Section 381.00656, Florida Statutes, is amended 537 to read: 538 381.00656 Grant program for repair of onsite sewage 539 treatment disposal systems.—Effective January 1, 20132012, the 540 department shall administer a grant program to assist owners of 541 onsite sewage treatment and disposal systems identified pursuant 542 to s. 381.0065, s. 381.00651, or the rules adopted thereunder. A 543 grant under the program may be awarded to an owner only for the 544 purpose of inspecting, pumping, repairing, or replacing a system 545 serving a single-family residence occupied by an owner with a 546 family income of less than or equal to 133 percent of the 547 federal poverty level at the time of application. The department 548 may prioritize applications for an award of grant funds based 549 upon the severity of a system’s failure, its relative 550 environmental impact, the income of the family, or any 551 combination thereof. The department shall adopt rules 552 establishing the grant application and award process, including 553 an application form. The department shall seek to make grants in 554 each fiscal year equal to the total amount of grant funds 555 available, with any excess funds used for grant awards in 556 subsequent fiscal years. 557 Section 4. Subsection (2) of section 381.0066, Florida 558 Statutes, is amended to read: 559 381.0066 Onsite sewage treatment and disposal systems; 560 fees.— 561 (2) The minimum fees in the following fee schedule apply 562 until changed by rule by the department within the following 563 limits: 564 (a) Application review, permit issuance, or system 565 inspection, including repair of a subsurface, mound, filled, or 566 other alternative system or permitting of an abandoned system: a 567 fee of not less than $25, or more than $125. 568 (b) A 5-year evaluation report submitted pursuant to s. 569 381.00651381.0065(5): a fee not less than $10$15, or more than 570 $15$30. At least$1 and no more than$5 collected pursuant to 571 this paragraph shall be used to fund a grant program established 572 under s. 381.00656. 573 (c) Site evaluation, site reevaluation, evaluation of a 574 system previously in use, or a per annum septage disposal site 575 evaluation: a fee of not less than $40, or more than $115. 576 (d) Biennial Operating permit for aerobic treatment units 577 or performance-based treatment systems: a fee of not more than 578 $100. 579 (e) Annual operating permit for systems located in areas 580 zoned for industrial manufacturing or equivalent uses or where 581 the system is expected to receive wastewater which is not 582 domestic in nature: a fee of not less than $150, or more than 583 $300. 584 (f) Innovative technology: a fee not to exceed $25,000. 585 (g) Septage disposal service, septage stabilization 586 facility, portable or temporary toilet service, tank 587 manufacturer inspection: a fee of not less than $25, or more 588 than $200, per year. 589 (h) Application for variance: a fee of not less than $150, 590 or more than $300. 591 (i) Annual operating permit for waterless, incinerating, or 592 organic waste composting toilets: a fee of not less than $15 593$50, or more than $30$150. 594 (j) Aerobic treatment unit or performance-based treatment 595 system maintenance entity permit: a fee of not less than $25, or 596 more than $150, per year. 597 (k) Reinspection fee per visit for site inspection after 598 system construction approval or for noncompliant system 599 installation per site visit: a fee of not less than $25, or more 600 than $100. 601 (l) Research: An additional $5 fee shall be added to each 602 new system construction permit issued to be used to fund onsite 603 sewage treatment and disposal system research, demonstration, 604 and training projects. Five dollars from any repair permit fee 605 collected under this section shall be used for funding the 606 hands-on training centers described in s. 381.0065(3)(j). 607 (m) Annual operating permit, including annual inspection 608 and any required sampling and laboratory analysis of effluent, 609 for an engineer-designed performance-based system: a fee of not 610 less than $150, or more than $300. 611 612 On or before January 1, 2011, the Surgeon General, after 613 consultation with the Revenue Estimating Conference, shall 614 determine a revenue neutral fee schedule for services provided 615 pursuant to s. 381.00651381.0065(5)within the parameters set 616 in paragraph (b). Such determination is not subject to the 617 provisions of chapter 120. The funds collected pursuant to this 618 subsection must be deposited in a trust fund administered by the 619 department, to be used for the purposes stated in this section 620 and ss. 381.0065 and 381.00655. 621 Section 5. This act shall take effect upon becoming a law.