| 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 and disposal system regulation; amending s. |
| 10 | 381.0101, F.S.; specifying an exemption from certain |
| 11 | certification required to conduct environmental health and |
| 12 | sanitary evaluations; providing training requirements; |
| 13 | providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Paragraph (o) of subsection (4) of section |
| 18 | 381.0065, Florida Statutes, is amended to read: |
| 19 | 381.0065 Onsite sewage treatment and disposal systems; |
| 20 | regulation.-- |
| 21 | (4) PERMITS; INSTALLATION; AND CONDITIONS.--A person may |
| 22 | not construct, repair, modify, abandon, or operate an onsite |
| 23 | sewage treatment and disposal system without first obtaining a |
| 24 | permit approved by the department. The department may issue |
| 25 | permits to carry out this section, but shall not make the |
| 26 | issuance of such permits contingent upon prior approval by the |
| 27 | Department of Environmental Protection, except that the issuance |
| 28 | of a permit for work seaward of the coastal construction control |
| 29 | line established under s. 161.053 shall be contingent upon |
| 30 | receipt of any required coastal construction control line permit |
| 31 | from the Department of Environmental Protection. A construction |
| 32 | permit is valid for 18 months from the issuance date and may be |
| 33 | extended by the department for one 90-day period under rules |
| 34 | adopted by the department. A repair permit is valid for 90 days |
| 35 | from the date of issuance. An operating permit must be obtained |
| 36 | prior to the use of any aerobic treatment unit or if the |
| 37 | establishment generates commercial waste. Buildings or |
| 38 | establishments that use an aerobic treatment unit or generate |
| 39 | commercial waste shall be inspected by the department at least |
| 40 | annually to assure compliance with the terms of the operating |
| 41 | permit. The operating permit for a commercial wastewater system |
| 42 | is valid for 1 year from the date of issuance and must be |
| 43 | renewed annually. The operating permit for an aerobic treatment |
| 44 | unit is valid for 2 years from the date of issuance and must be |
| 45 | renewed every 2 years. If all information pertaining to the |
| 46 | siting, location, and installation conditions or repair of an |
| 47 | onsite sewage treatment and disposal system remains the same, a |
| 48 | construction or repair permit for the onsite sewage treatment |
| 49 | and disposal system may be transferred to another person, if the |
| 50 | transferee files, within 60 days after the transfer of |
| 51 | ownership, an amended application providing all corrected |
| 52 | information and proof of ownership of the property. There is no |
| 53 | fee associated with the processing of this supplemental |
| 54 | information. A person may not contract to construct, modify, |
| 55 | alter, repair, service, abandon, or maintain any portion of an |
| 56 | onsite sewage treatment and disposal system without being |
| 57 | registered under part III of chapter 489. A property owner who |
| 58 | personally performs construction, maintenance, or repairs to a |
| 59 | system serving his or her own owner-occupied single-family |
| 60 | residence is exempt from registration requirements for |
| 61 | performing such construction, maintenance, or repairs on that |
| 62 | residence, but is subject to all permitting requirements. A |
| 63 | municipality or political subdivision of the state may not issue |
| 64 | a building or plumbing permit for any building that requires the |
| 65 | use of an onsite sewage treatment and disposal system unless the |
| 66 | owner or builder has received a construction permit for such |
| 67 | system from the department. A building or structure may not be |
| 68 | occupied and a municipality, political subdivision, or any state |
| 69 | or federal agency may not authorize occupancy until the |
| 70 | department approves the final installation of the onsite sewage |
| 71 | treatment and disposal system. A municipality or political |
| 72 | subdivision of the state may not approve any change in occupancy |
| 73 | or tenancy of a building that uses an onsite sewage treatment |
| 74 | and disposal system until the department has reviewed the use of |
| 75 | the system with the proposed change, approved the change, and |
| 76 | amended the operating permit. |
| 77 | (o) The department shall appoint a research review and |
| 78 | advisory committee, which shall meet at least semiannually. The |
| 79 | committee shall advise the department on directions for new |
| 80 | research, review and rank proposals for research contracts, and |
| 81 | review draft research reports and make comments. The committee |
| 82 | is comprised of: |
| 83 | 1. A representative of the Division of Environmental |
| 84 | Health of the Department of Health. |
| 85 | 2. A representative from the septic tank industry. |
| 86 | 3. A representative from the home building industry. |
| 87 | 4. A representative from an environmental interest group. |
| 88 | 5. A representative from the State University System, from |
| 89 | a department knowledgeable about onsite sewage treatment and |
| 90 | disposal systems. |
| 91 | 6. A professional engineer registered in this state who |
| 92 | has work experience in onsite sewage treatment and disposal |
| 93 | systems. |
| 94 | 7. A representative from local government who is |
| 95 | knowledgeable about domestic wastewater treatment. |
| 96 | 8.7. A representative from the real estate profession. |
| 97 | 9.8. A representative from the restaurant industry. |
| 98 | 10.9. A consumer. |
| 99 |
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| 100 | Members shall be appointed for a term of 3 years, with the |
| 101 | appointments being staggered so that the terms of no more than |
| 102 | four members expire in any one year. Members shall serve without |
| 103 | remuneration, but are entitled to reimbursement for per diem and |
| 104 | travel expenses as provided in s. 112.061. |
| 105 | Section 2. Subsection (2) of section 381.0068, Florida |
| 106 | Statutes, is amended to read: |
| 107 | 381.0068 Technical review and advisory panel.-- |
| 108 | (2) The primary purpose of the panel is to assist the |
| 109 | department in rulemaking and decisionmaking by drawing on the |
| 110 | expertise of representatives from several groups that are |
| 111 | affected by onsite sewage treatment and disposal systems. The |
| 112 | panel may also review and comment on any legislation or any |
| 113 | existing or proposed state policy or issue related to onsite |
| 114 | sewage treatment and disposal systems. If requested by the |
| 115 | panel, the chair will advise any affected person or member of |
| 116 | the Legislature of the panel's position on the legislation or |
| 117 | any existing or proposed state policy or issue. The chair may |
| 118 | also take such other action as is appropriate to allow the panel |
| 119 | to function. At a minimum, the panel shall consist of a soil |
| 120 | scientist; a professional engineer registered in this state who |
| 121 | is recommended by the Florida Engineering Society and who has |
| 122 | work experience in onsite sewage treatment and disposal systems; |
| 123 | two representatives from the home-building industry recommended |
| 124 | by the Florida Home Builders Association, including one who is a |
| 125 | developer in this state who develops lots using onsite sewage |
| 126 | treatment and disposal systems; a representative from the county |
| 127 | health departments who has experience permitting and inspecting |
| 128 | the installation of onsite sewage treatment and disposal systems |
| 129 | in this state; a representative from the real estate industry |
| 130 | who is recommended by the Florida Association of Realtors; a |
| 131 | consumer representative with a science background; two |
| 132 | representatives of the septic tank industry recommended by the |
| 133 | Florida Onsite Wastewater Association, including one who is a |
| 134 | manufacturer of onsite sewage treatment and disposal systems; a |
| 135 | representative from local government who is knowledgeable about |
| 136 | domestic wastewater treatment and who is recommended by the |
| 137 | Florida Association of Counties and the Florida League of |
| 138 | Cities; and a representative from the environmental health |
| 139 | profession who is recommended by the Florida Environmental |
| 140 | Health Association and who is not employed by a county health |
| 141 | department. Members are to be appointed for a term of 2 years. |
| 142 | The panel may also, as needed, be expanded to include ad hoc, |
| 143 | nonvoting representatives who have topic-specific expertise. All |
| 144 | rules proposed by the department which relate to onsite sewage |
| 145 | treatment and disposal systems must be presented to the panel |
| 146 | for review and comment prior to adoption. The panel's position |
| 147 | on proposed rules shall be made a part of the rulemaking record |
| 148 | that is maintained by the agency. The panel shall select a |
| 149 | chair, who shall serve for a period of 1 year and who shall |
| 150 | direct, coordinate, and execute the duties of the panel. The |
| 151 | panel shall also solicit input from the department's variance |
| 152 | review and advisory committee before submitting any comments to |
| 153 | the department concerning proposed rules. The panel's comments |
| 154 | must include any dissenting points of view concerning proposed |
| 155 | rules. The panel shall hold meetings as it determines necessary |
| 156 | to conduct its business, except that the chair, a quorum of the |
| 157 | voting members of the panel, or the department may call |
| 158 | meetings. The department shall keep minutes of all meetings of |
| 159 | the panel. Panel members shall serve without remuneration, but, |
| 160 | if requested, shall be reimbursed for per diem and travel |
| 161 | expenses as provided in s. 112.061. |
| 162 | Section 3. Subsection (3) of section 381.0101, Florida |
| 163 | Statutes, is amended to read: |
| 164 | 381.0101 Environmental health professionals.-- |
| 165 | (3) CERTIFICATION REQUIRED.--No person shall perform |
| 166 | environmental health or sanitary evaluations in any primary |
| 167 | program area of environmental health without being certified by |
| 168 | the department as competent to perform such evaluations. The |
| 169 | requirements of this section shall not be mandatory for persons |
| 170 | performing inspections of public food service establishments |
| 171 | licensed under chapter 509 or for persons who have successfully |
| 172 | completed a department-approved soil morphology course and who |
| 173 | are working under the direct, responsible charge of an engineer |
| 174 | licensed under chapter 471. Persons working under the direct, |
| 175 | responsible charge of an engineer licensed under chapter 471 |
| 176 | shall receive a minimum of six continuing education units of |
| 177 | department-approved training in soil morphology every 2 years. |
| 178 | Section 4. This act shall take effect July 1, 2008. |