Florida Senate - 2011                                     SB 168
       
       
       
       By Senator Evers
       
       
       
       
       2-00248-11                                             2011168__
    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 relating to onsite sewage treatment
    5         and disposal systems; eliminating provisions directing
    6         the Department of Health to create and administer a
    7         statewide septic tank evaluation program; eliminating
    8         procedures and criteria for the evaluation program;
    9         amending s. 381.0066, F.S.; eliminating provisions
   10         authorizing the department to collect an evaluation
   11         report fee; eliminating provisions relating to
   12         disposition of fee proceeds and a revenue-neutral fee
   13         schedule; repealing s. 381.00656, F.S., relating to
   14         the grant program for the repair of onsite sewage
   15         treatment disposal systems identified pursuant to the
   16         evaluation program, to conform; providing an effective
   17         date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Subsections (1), (5), (6), and (7) of section
   22  381.0065, Florida Statutes, are amended to read:
   23         381.0065 Onsite sewage treatment and disposal systems;
   24  regulation.—
   25         (1) LEGISLATIVE INTENT.—
   26         (a) It is the intent of the Legislature that proper
   27  management of onsite sewage treatment and disposal systems is
   28  paramount to the health, safety, and welfare of the public. It
   29  is further the intent of the Legislature that the department
   30  shall administer an evaluation program to ensure the operational
   31  condition of the system and identify any failure with the
   32  system.
   33         (b) It is the intent of the Legislature that where a
   34  publicly owned or investor-owned sewerage system is not
   35  available, the department shall issue permits for the
   36  construction, installation, modification, abandonment, or repair
   37  of onsite sewage treatment and disposal systems under conditions
   38  as described in this section and rules adopted under this
   39  section. It is further the intent of the Legislature that the
   40  installation and use of onsite sewage treatment and disposal
   41  systems not adversely affect the public health or significantly
   42  degrade the groundwater or surface water.
   43         (5) EVALUATION AND ASSESSMENT.—
   44         (a) Beginning January 1, 2011, the department shall
   45  administer an onsite sewage treatment and disposal system
   46  evaluation program for the purpose of assessing the fundamental
   47  operational condition of systems and identifying any failures
   48  within the systems. The department shall adopt rules
   49  implementing the program standards, procedures, and
   50  requirements, including, but not limited to, a schedule for a 5
   51  year evaluation cycle, requirements for the pump-out of a system
   52  or repair of a failing system, enforcement procedures for
   53  failure of a system owner to obtain an evaluation of the system,
   54  and failure of a contractor to timely submit evaluation results
   55  to the department and the system owner. The department shall
   56  ensure statewide implementation of the evaluation and assessment
   57  program by January 1, 2016.
   58         (b) Owners of an onsite sewage treatment and disposal
   59  system, excluding a system that is required to obtain an
   60  operating permit, shall have the system evaluated at least once
   61  every 5 years to assess the fundamental operational condition of
   62  the system, and identify any failure within the system.
   63         (c) All evaluation procedures must be documented and
   64  nothing in this subsection limits the amount of detail an
   65  evaluator may provide at his or her professional discretion. The
   66  evaluation must include a tank and drainfield evaluation, a
   67  written assessment of the condition of the system, and, if
   68  necessary, a disclosure statement pursuant to the department’s
   69  procedure.
   70         (d)1. Systems being evaluated that were installed prior to
   71  January 1, 1983, shall meet a minimum 6-inch separation from the
   72  bottom of the drainfield to the wettest season water table
   73  elevation as defined by department rule. All drainfield repairs,
   74  replacements or modifications to systems installed prior to
   75  January 1, 1983, shall meet a minimum 12-inch separation from
   76  the bottom of the drainfield to the wettest season water table
   77  elevation as defined by department rule.
   78         2. Systems being evaluated that were installed on or after
   79  January 1, 1983, shall meet a minimum 12-inch separation from
   80  the bottom of the drainfield to the wettest season water table
   81  elevation as defined by department rule. All drainfield repairs,
   82  replacements or modification to systems developed on or after
   83  January 1, 1983, shall meet a minimum 24-inch separation from
   84  the bottom of the drainfield to the wettest season water table
   85  elevation.
   86         (e) If documentation of a tank pump-out or a permitted new
   87  installation, repair, or modification of the system within the
   88  previous 5 years is provided, and states the capacity of the
   89  tank and indicates that the condition of the tank is not a
   90  sanitary or public health nuisance pursuant to department rule,
   91  a pump-out of the system is not required.
   92         (f) Owners are responsible for paying the cost of any
   93  required pump-out, repair, or replacement pursuant to department
   94  rule, and may not request partial evaluation or the omission of
   95  portions of the evaluation.
   96         (g) Each evaluation or pump-out required under this
   97  subsection must be performed by a septic tank contractor or
   98  master septic tank contractor registered under part III of
   99  chapter 489, a professional engineer with wastewater treatment
  100  system experience licensed pursuant to chapter 471, or an
  101  environmental health professional certified under chapter 381 in
  102  the area of onsite sewage treatment and disposal system
  103  evaluation.
  104         (h) The evaluation report fee collected pursuant to s.
  105  381.0066(2)(b) shall be remitted to the department by the
  106  evaluator at the time the report is submitted.
  107         (i) Prior to any evaluation deadline, the department must
  108  provide a minimum of 60 days’ notice to owners that their
  109  systems must be evaluated by that deadline. The department may
  110  include a copy of any homeowner educational materials developed
  111  pursuant to this section which provides information on the
  112  proper maintenance of onsite sewage treatment and disposal
  113  systems.
  114         (5)(6) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.—
  115         (a) Department personnel who have reason to believe
  116  noncompliance exists, may at any reasonable time, enter the
  117  premises permitted under ss. 381.0065-381.0066, or the business
  118  premises of any septic tank contractor or master septic tank
  119  contractor registered under part III of chapter 489, or any
  120  premises that the department has reason to believe is being
  121  operated or maintained not in compliance, to determine
  122  compliance with the provisions of this section, part I of
  123  chapter 386, or part III of chapter 489 or rules or standards
  124  adopted under ss. 381.0065-381.0067, part I of chapter 386, or
  125  part III of chapter 489. As used in this paragraph, the term
  126  “premises” does not include a residence or private building. To
  127  gain entry to a residence or private building, the department
  128  must obtain permission from the owner or occupant or secure an
  129  inspection warrant from a court of competent jurisdiction.
  130         (b)1. The department may issue citations that may contain
  131  an order of correction or an order to pay a fine, or both, for
  132  violations of ss. 381.0065-381.0067, part I of chapter 386, or
  133  part III of chapter 489 or the rules adopted by the department,
  134  when a violation of these sections or rules is enforceable by an
  135  administrative or civil remedy, or when a violation of these
  136  sections or rules is a misdemeanor of the second degree. A
  137  citation issued under ss. 381.0065-381.0067, part I of chapter
  138  386, or part III of chapter 489 constitutes a notice of proposed
  139  agency action.
  140         2. A citation must be in writing and must describe the
  141  particular nature of the violation, including specific reference
  142  to the provisions of law or rule allegedly violated.
  143         3. The fines imposed by a citation issued by the department
  144  may not exceed $500 for each violation. Each day the violation
  145  exists constitutes a separate violation for which a citation may
  146  be issued.
  147         4. The department shall inform the recipient, by written
  148  notice pursuant to ss. 120.569 and 120.57, of the right to an
  149  administrative hearing to contest the citation within 21 days
  150  after the date the citation is received. The citation must
  151  contain a conspicuous statement that if the recipient fails to
  152  pay the fine within the time allowed, or fails to appear to
  153  contest the citation after having requested a hearing, the
  154  recipient has waived the recipient’s right to contest the
  155  citation and must pay an amount up to the maximum fine.
  156         5. The department may reduce or waive the fine imposed by
  157  the citation. In determining whether to reduce or waive the
  158  fine, the department must consider the gravity of the violation,
  159  the person’s attempts at correcting the violation, and the
  160  person’s history of previous violations including violations for
  161  which enforcement actions were taken under ss. 381.0065
  162  381.0067, part I of chapter 386, part III of chapter 489, or
  163  other provisions of law or rule.
  164         6. Any person who willfully refuses to sign and accept a
  165  citation issued by the department commits a misdemeanor of the
  166  second degree, punishable as provided in s. 775.082 or s.
  167  775.083.
  168         7. The department, pursuant to ss. 381.0065-381.0067, part
  169  I of chapter 386, or part III of chapter 489, shall deposit any
  170  fines it collects in the county health department trust fund for
  171  use in providing services specified in those sections.
  172         8. This section provides an alternative means of enforcing
  173  ss. 381.0065-381.0067, part I of chapter 386, and part III of
  174  chapter 489. This section does not prohibit the department from
  175  enforcing ss. 381.0065-381.0067, part I of chapter 386, or part
  176  III of chapter 489, or its rules, by any other means. However,
  177  the department must elect to use only a single method of
  178  enforcement for each violation.
  179         (6)(7) LAND APPLICATION OF SEPTAGE PROHIBITED.—Effective
  180  January 1, 2016, the land application of septage from onsite
  181  sewage treatment and disposal systems is prohibited. By February
  182  1, 2011, the department, in consultation with the Department of
  183  Environmental Protection, shall provide a report to the
  184  Governor, the President of the Senate, and the Speaker of the
  185  House of Representatives, recommending alternative methods to
  186  establish enhanced treatment levels for the land application of
  187  septage from onsite sewage and disposal systems. The report
  188  shall include, but is not limited to, a schedule for the
  189  reduction in land application, appropriate treatment levels,
  190  alternative methods for treatment and disposal, enhanced
  191  application site permitting requirements including any
  192  requirements for nutrient management plans, and the range of
  193  costs to local governments, affected businesses, and individuals
  194  for alternative treatment and disposal methods. The report shall
  195  also include any recommendations for legislation or rule
  196  authority needed to reduce land application of septage.
  197         Section 2. Subsection (2) of section 381.0066, Florida
  198  Statutes, is amended to read:
  199         381.0066 Onsite sewage treatment and disposal systems;
  200  fees.—
  201         (2) The minimum fees in the following fee schedule apply
  202  until changed by rule by the department within the following
  203  limits:
  204         (a) Application review, permit issuance, or system
  205  inspection, including repair of a subsurface, mound, filled, or
  206  other alternative system or permitting of an abandoned system: a
  207  fee of not less than $25, or more than $125.
  208         (b) A 5-year evaluation report submitted pursuant to s.
  209  381.0065(5): a fee not less than $15, or more than $30. At least
  210  $1 and no more than $5 collected pursuant to this paragraph
  211  shall be used to fund a grant program established under s.
  212  381.00656.
  213         (b)(c) Site evaluation, site reevaluation, evaluation of a
  214  system previously in use, or a per annum septage disposal site
  215  evaluation: a fee of not less than $40, or more than $115.
  216         (c)(d) Biennial Operating permit for aerobic treatment
  217  units or performance-based treatment systems: a fee of not more
  218  than $100.
  219         (d)(e) Annual operating permit for systems located in areas
  220  zoned for industrial manufacturing or equivalent uses or where
  221  the system is expected to receive wastewater which is not
  222  domestic in nature: a fee of not less than $150, or more than
  223  $300.
  224         (e)(f) Innovative technology: a fee not to exceed $25,000.
  225         (f)(g) Septage disposal service, septage stabilization
  226  facility, portable or temporary toilet service, tank
  227  manufacturer inspection: a fee of not less than $25, or more
  228  than $200, per year.
  229         (g)(h) Application for variance: a fee of not less than
  230  $150, or more than $300.
  231         (h)(i) Annual operating permit for waterless, incinerating,
  232  or organic waste composting toilets: a fee of not less than $50,
  233  or more than $150.
  234         (i)(j) Aerobic treatment unit or performance-based
  235  treatment system maintenance entity permit: a fee of not less
  236  than $25, or more than $150, per year.
  237         (j)(k) Reinspection fee per visit for site inspection after
  238  system construction approval or for noncompliant system
  239  installation per site visit: a fee of not less than $25, or more
  240  than $100.
  241         (k)(l) Research: An additional $5 fee shall be added to
  242  each new system construction permit issued to be used to fund
  243  onsite sewage treatment and disposal system research,
  244  demonstration, and training projects. Five dollars from any
  245  repair permit fee collected under this section shall be used for
  246  funding the hands-on training centers described in s.
  247  381.0065(3)(j).
  248         (l)(m) Annual operating permit, including annual inspection
  249  and any required sampling and laboratory analysis of effluent,
  250  for an engineer-designed performance-based system: a fee of not
  251  less than $150, or more than $300.
  252  
  253  On or before January 1, 2011, the Surgeon General, after
  254  consultation with the Revenue Estimating Conference, shall
  255  determine a revenue neutral fee schedule for services provided
  256  pursuant to s. 381.0065(5) within the parameters set in
  257  paragraph (b). Such determination is not subject to the
  258  provisions of chapter 120. The funds collected pursuant to this
  259  subsection must be deposited in a trust fund administered by the
  260  department, to be used for the purposes stated in this section
  261  and ss. 381.0065 and 381.00655.
  262         Section 3. Section 381.00656, Florida Statutes, is
  263  repealed.
  264         Section 4. This act shall take effect upon becoming a law.