HB 567

1	A bill to be entitled
2	An act relating to onsite sewage treatment and disposal
3	systems; amending ss. 381.0065 and 381.0068, F.S.;
4	providing that a member of local government who is
5	knowledgeable about domestic wastewater treatment be added
6	to the research review and advisory committee and the
7	technical review and advisory panel established by the
8	Department of Health for purposes of onsite sewage
9	treatment & disposal system regulation; providing an
10	effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Paragraph (o) of subsection (4) of section
15	381.0065, Florida Statutes, is amended to read:
16	381.0065  Onsite sewage treatment and disposal systems;
17	regulation.--
18	(4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person may
19	not construct, repair, modify, abandon, or operate an onsite
20	sewage treatment and disposal system without first obtaining a
21	permit approved by the department. The department may issue
22	permits to carry out this section, but shall not make the
23	issuance of such permits contingent upon prior approval by the
24	Department of Environmental Protection, except that the issuance
25	of a permit for work seaward of the coastal construction control
26	line established under s. 161.053 shall be contingent upon
27	receipt of any required coastal construction control line permit
28	from the Department of Environmental Protection. A construction
29	permit is valid for 18 months from the issuance date and may be
30	extended by the department for one 90-day period under rules
31	adopted by the department. A repair permit is valid for 90 days
32	from the date of issuance. An operating permit must be obtained
33	prior to the use of any aerobic treatment unit or if the
34	establishment generates commercial waste. Buildings or
35	establishments that use an aerobic treatment unit or generate
36	commercial waste shall be inspected by the department at least
37	annually to assure compliance with the terms of the operating
38	permit. The operating permit for a commercial wastewater system
39	is valid for 1 year from the date of issuance and must be
40	renewed annually. The operating permit for an aerobic treatment
41	unit is valid for 2 years from the date of issuance and must be
42	renewed every 2 years. If all information pertaining to the
43	siting, location, and installation conditions or repair of an
44	onsite sewage treatment and disposal system remains the same, a
45	construction or repair permit for the onsite sewage treatment
46	and disposal system may be transferred to another person, if the
47	transferee files, within 60 days after the transfer of
48	ownership, an amended application providing all corrected
49	information and proof of ownership of the property. There is no
50	fee associated with the processing of this supplemental
51	information. A person may not contract to construct, modify,
52	alter, repair, service, abandon, or maintain any portion of an
53	onsite sewage treatment and disposal system without being
54	registered under part III of chapter 489. A property owner who
55	personally performs construction, maintenance, or repairs to a
56	system serving his or her own owner-occupied single-family
57	residence is exempt from registration requirements for
58	performing such construction, maintenance, or repairs on that
59	residence, but is subject to all permitting requirements. A
60	municipality or political subdivision of the state may not issue
61	a building or plumbing permit for any building that requires the
62	use of an onsite sewage treatment and disposal system unless the
63	owner or builder has received a construction permit for such
64	system from the department. A building or structure may not be
65	occupied and a municipality, political subdivision, or any state
66	or federal agency may not authorize occupancy until the
67	department approves the final installation of the onsite sewage
68	treatment and disposal system. A municipality or political
69	subdivision of the state may not approve any change in occupancy
70	or tenancy of a building that uses an onsite sewage treatment
71	and disposal system until the department has reviewed the use of
72	the system with the proposed change, approved the change, and
73	amended the operating permit.
74	(o)  The department shall appoint a research review and
75	advisory committee, which shall meet at least semiannually. The
76	committee shall advise the department on directions for new
77	research, review and rank proposals for research contracts, and
78	review draft research reports and make comments. The committee
79	is comprised of:
80	1.  A representative of the Division of Environmental
81	Health of the Department of Health.
82	2.  A representative from the septic tank industry.
83	3.  A representative from the home building industry.
84	4.  A representative from an environmental interest group.
85	5.  A representative from the State University System, from
86	a department knowledgeable about onsite sewage treatment and
87	disposal systems.
88	6.  A professional engineer registered in this state who
89	has work experience in onsite sewage treatment and disposal
90	systems.
91	7.  A representative from local government who is
92	knowledgeable about domestic wastewater treatment.
93	8.7.  A representative from the real estate profession.
94	9.8.  A representative from the restaurant industry.
95	10.9.  A consumer.
96
97	Members shall be appointed for a term of 3 years, with the
98	appointments being staggered so that the terms of no more than
99	four members expire in any one year. Members shall serve without
100	remuneration, but are entitled to reimbursement for per diem and
101	travel expenses as provided in s. 112.061.
102	Section 2.  Subsection (2) of section 381.0068, Florida
103	Statutes, is amended to read:
104	381.0068  Technical review and advisory panel.--
105	(2)  The primary purpose of the panel is to assist the
106	department in rulemaking and decisionmaking by drawing on the
107	expertise of representatives from several groups that are
108	affected by onsite sewage treatment and disposal systems. The
109	panel may also review and comment on any legislation or any
110	existing or proposed state policy or issue related to onsite
111	sewage treatment and disposal systems. If requested by the
112	panel, the chair will advise any affected person or member of
113	the Legislature of the panel's position on the legislation or
114	any existing or proposed state policy or issue. The chair may
115	also take such other action as is appropriate to allow the panel
116	to function. At a minimum, the panel shall consist of a soil
117	scientist; a professional engineer registered in this state who
118	is recommended by the Florida Engineering Society and who has
119	work experience in onsite sewage treatment and disposal systems;
120	two representatives from the home-building industry recommended
121	by the Florida Home Builders Association, including one who is a
122	developer in this state who develops lots using onsite sewage
123	treatment and disposal systems; a representative from the county
124	health departments who has experience permitting and inspecting
125	the installation of onsite sewage treatment and disposal systems
126	in this state; a representative from the real estate industry
127	who is recommended by the Florida Association of Realtors; a
128	consumer representative with a science background; two
129	representatives of the septic tank industry recommended by the
130	Florida Onsite Wastewater Association, including one who is a
131	manufacturer of onsite sewage treatment and disposal systems; a
132	representative from local government who is knowledgeable about
133	domestic wastewater treatment and who is recommended by the
134	Florida Association of Counties and the Florida League of
135	Cities; and a representative from the environmental health
136	profession who is recommended by the Florida Environmental
137	Health Association and who is not employed by a county health
138	department. Members are to be appointed for a term of 2 years.
139	The panel may also, as needed, be expanded to include ad hoc,
140	nonvoting representatives who have topic-specific expertise. All
141	rules proposed by the department which relate to onsite sewage
142	treatment and disposal systems must be presented to the panel
143	for review and comment prior to adoption. The panel's position
144	on proposed rules shall be made a part of the rulemaking record
145	that is maintained by the agency. The panel shall select a
146	chair, who shall serve for a period of 1 year and who shall
147	direct, coordinate, and execute the duties of the panel. The
148	panel shall also solicit input from the department's variance
149	review and advisory committee before submitting any comments to
150	the department concerning proposed rules. The panel's comments
151	must include any dissenting points of view concerning proposed
152	rules. The panel shall hold meetings as it determines necessary
153	to conduct its business, except that the chair, a quorum of the
154	voting members of the panel, or the department may call
155	meetings. The department shall keep minutes of all meetings of
156	the panel. Panel members shall serve without remuneration, but,
157	if requested, shall be reimbursed for per diem and travel
158	expenses as provided in s. 112.061.
159	Section 3.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.