HB 13

1	A bill to be entitled
2	An act relating to onsite sewage treatment and disposal
3	systems; amending s. 381.0065, F.S.; revising legislative
4	intent; eliminating provisions directing the Department of
5	Health to create and administer a statewide septic tank
6	evaluation program; eliminating procedures and criteria
7	for the evaluation program; repealing s. 381.00656, F.S.,
8	to terminate the grant program for repair of onsite sewage
9	treatment disposal systems identified pursuant to the
10	evaluation program, to conform; amending s. 381.0066,
11	F.S.; eliminating provisions authorizing the department to
12	collect an evaluation report fee; eliminating provisions
13	relating to disposition of fee proceeds and a revenue-
14	neutral fee schedule; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Subsections (1), (5), (6), and (7) of section
19	381.0065, Florida Statutes, are amended to read:
20	381.0065  Onsite sewage treatment and disposal systems;
21	regulation.-
22	(1)  LEGISLATIVE INTENT.-
23	(a)  It is the intent of the Legislature that proper
24	management of onsite sewage treatment and disposal systems is
25	paramount to the health, safety, and welfare of the public. It
26	is further the intent of the Legislature that the department
27	shall administer an evaluation program to ensure the operational
28	condition of the system and identify any failure with the
29	system.
30	(b)  It is the intent of the Legislature that where a
31	publicly owned or investor-owned sewerage system is not
32	available, the department shall issue permits for the
33	construction, installation, modification, abandonment, or repair
34	of onsite sewage treatment and disposal systems under conditions
35	as described in this section and rules adopted under this
36	section. It is further the intent of the Legislature that the
37	installation and use of onsite sewage treatment and disposal
38	systems not adversely affect the public health or significantly
39	degrade the groundwater or surface water.
40	(5)  EVALUATION AND ASSESSMENT.-
41	(a)  Beginning January 1, 2011, the department shall
42	administer an onsite sewage treatment and disposal system
43	evaluation program for the purpose of assessing the fundamental
44	operational condition of systems and identifying any failures
45	within the systems. The department shall adopt rules
46	implementing the program standards, procedures, and
47	requirements, including, but not limited to, a schedule for a 5-
48	year evaluation cycle, requirements for the pump-out of a system
49	or repair of a failing system, enforcement procedures for
50	failure of a system owner to obtain an evaluation of the system,
51	and failure of a contractor to timely submit evaluation results
52	to the department and the system owner. The department shall
53	ensure statewide implementation of the evaluation and assessment
54	program by January 1, 2016.
55	(b)  Owners of an onsite sewage treatment and disposal
56	system, excluding a system that is required to obtain an
57	operating permit, shall have the system evaluated at least once
58	every 5 years to assess the fundamental operational condition of
59	the system, and identify any failure within the system.
60	(c)  All evaluation procedures must be documented and
61	nothing in this subsection limits the amount of detail an
62	evaluator may provide at his or her professional discretion. The
63	evaluation must include a tank and drainfield evaluation, a
64	written assessment of the condition of the system, and, if
65	necessary, a disclosure statement pursuant to the department's
66	procedure.
67	(d)1.  Systems being evaluated that were installed prior to
68	January 1, 1983, shall meet a minimum 6-inch separation from the
69	bottom of the drainfield to the wettest season water table
70	elevation as defined by department rule. All drainfield repairs,
71	replacements or modifications to systems installed prior to
72	January 1, 1983, shall meet a minimum 12-inch separation from
73	the bottom of the drainfield to the wettest season water table
74	elevation as defined by department rule.
75	2.  Systems being evaluated that were installed on or after
76	January 1, 1983, shall meet a minimum 12-inch separation from
77	the bottom of the drainfield to the wettest season water table
78	elevation as defined by department rule. All drainfield repairs,
79	replacements or modification to systems developed on or after
80	January 1, 1983, shall meet a minimum 24-inch separation from
81	the bottom of the drainfield to the wettest season water table
82	elevation.
83	(e)  If documentation of a tank pump-out or a permitted new
84	installation, repair, or modification of the system within the
85	previous 5 years is provided, and states the capacity of the
86	tank and indicates that the condition of the tank is not a
87	sanitary or public health nuisance pursuant to department rule,
88	a pump-out of the system is not required.
89	(f)  Owners are responsible for paying the cost of any
90	required pump-out, repair, or replacement pursuant to department
91	rule, and may not request partial evaluation or the omission of
92	portions of the evaluation.
93	(g)  Each evaluation or pump-out required under this
94	subsection must be performed by a septic tank contractor or
95	master septic tank contractor registered under part III of
96	chapter 489, a professional engineer with wastewater treatment
97	system experience licensed pursuant to chapter 471, or an
98	environmental health professional certified under chapter 381 in
99	the area of onsite sewage treatment and disposal system
100	evaluation.
101	(h)  The evaluation report fee collected pursuant to s.
102	381.0066(2)(b) shall be remitted to the department by the
103	evaluator at the time the report is submitted.
104	(i)  Prior to any evaluation deadline, the department must
105	provide a minimum of 60 days' notice to owners that their
106	systems must be evaluated by that deadline. The department may
107	include a copy of any homeowner educational materials developed
108	pursuant to this section which provides information on the
109	proper maintenance of onsite sewage treatment and disposal
110	systems.
111	(5)(6)  ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.-
112	(a)  Department personnel who have reason to believe
113	noncompliance exists, may at any reasonable time, enter the
114	premises permitted under ss. 381.0065-381.0066, or the business
115	premises of any septic tank contractor or master septic tank
116	contractor registered under part III of chapter 489, or any
117	premises that the department has reason to believe is being
118	operated or maintained not in compliance, to determine
119	compliance with the provisions of this section, part I of
120	chapter 386, or part III of chapter 489 or rules or standards
121	adopted under ss. 381.0065-381.0067, part I of chapter 386, or
122	part III of chapter 489. As used in this paragraph, the term
123	"premises" does not include a residence or private building. To
124	gain entry to a residence or private building, the department
125	must obtain permission from the owner or occupant or secure an
126	inspection warrant from a court of competent jurisdiction.
127	(b)1.  The department may issue citations that may contain
128	an order of correction or an order to pay a fine, or both, for
129	violations of ss. 381.0065-381.0067, part I of chapter 386, or
130	part III of chapter 489 or the rules adopted by the department,
131	when a violation of these sections or rules is enforceable by an
132	administrative or civil remedy, or when a violation of these
133	sections or rules is a misdemeanor of the second degree. A
134	citation issued under ss. 381.0065-381.0067, part I of chapter
135	386, or part III of chapter 489 constitutes a notice of proposed
136	agency action.
137	2.  A citation must be in writing and must describe the
138	particular nature of the violation, including specific reference
139	to the provisions of law or rule allegedly violated.
140	3.  The fines imposed by a citation issued by the
141	department may not exceed $500 for each violation. Each day the
142	violation exists constitutes a separate violation for which a
143	citation may be issued.
144	4.  The department shall inform the recipient, by written
145	notice pursuant to ss. 120.569 and 120.57, of the right to an
146	administrative hearing to contest the citation within 21 days
147	after the date the citation is received. The citation must
148	contain a conspicuous statement that if the recipient fails to
149	pay the fine within the time allowed, or fails to appear to
150	contest the citation after having requested a hearing, the
151	recipient has waived the recipient's right to contest the
152	citation and must pay an amount up to the maximum fine.
153	5.  The department may reduce or waive the fine imposed by
154	the citation. In determining whether to reduce or waive the
155	fine, the department must consider the gravity of the violation,
156	the person's attempts at correcting the violation, and the
157	person's history of previous violations including violations for
158	which enforcement actions were taken under ss. 381.0065-
159	381.0067, part I of chapter 386, part III of chapter 489, or
160	other provisions of law or rule.
161	6.  Any person who willfully refuses to sign and accept a
162	citation issued by the department commits a misdemeanor of the
163	second degree, punishable as provided in s. 775.082 or s.
164	775.083.
165	7.  The department, pursuant to ss. 381.0065-381.0067, part
166	I of chapter 386, or part III of chapter 489, shall deposit any
167	fines it collects in the county health department trust fund for
168	use in providing services specified in those sections.
169	8.  This section provides an alternative means of enforcing
170	ss. 381.0065-381.0067, part I of chapter 386, and part III of
171	chapter 489. This section does not prohibit the department from
172	enforcing ss. 381.0065-381.0067, part I of chapter 386, or part
173	III of chapter 489, or its rules, by any other means. However,
174	the department must elect to use only a single method of
175	enforcement for each violation.
176	(6)(7)  LAND APPLICATION OF SEPTAGE PROHIBITED.-Effective
177	January 1, 2016, the land application of septage from onsite
178	sewage treatment and disposal systems is prohibited. By February
179	1, 2011, the department, in consultation with the Department of
180	Environmental Protection, shall provide a report to the
181	Governor, the President of the Senate, and the Speaker of the
182	House of Representatives, recommending alternative methods to
183	establish enhanced treatment levels for the land application of
184	septage from onsite sewage and disposal systems. The report
185	shall include, but is not limited to, a schedule for the
186	reduction in land application, appropriate treatment levels,
187	alternative methods for treatment and disposal, enhanced
188	application site permitting requirements including any
189	requirements for nutrient management plans, and the range of
190	costs to local governments, affected businesses, and individuals
191	for alternative treatment and disposal methods. The report shall
192	also include any recommendations for legislation or rule
193	authority needed to reduce land application of septage.
194	Section 2.  Section 381.00656, Florida Statutes, is
195	repealed:
196	381.00656  Grant program for repair of onsite sewage
197	treatment disposal systems.-Effective January 1, 2012, the
198	department shall administer a grant program to assist owners of
199	onsite sewage treatment and disposal systems identified pursuant
200	to s. 381.0065 or the rules adopted thereunder. A grant under
201	the program may be awarded to an owner only for the purpose of
202	inspecting, pumping, repairing, or replacing a system serving a
203	single-family residence occupied by an owner with a family
204	income of less than or equal to 133 percent of the federal
205	poverty level at the time of application. The department may
206	prioritize applications for an award of grant funds based upon
207	the severity of a system's failure, its relative environmental
208	impact, the income of the family, or any combination thereof.
209	The department shall adopt rules establishing the grant
210	application and award process, including an application form.
211	The department shall seek to make grants in each fiscal year
212	equal to the total amount of grant funds available, with any
213	excess funds used for grant awards in subsequent fiscal years.
214	Section 3.  Subsection (2) of section 381.0066, Florida
215	Statutes, is amended to read:
216	381.0066  Onsite sewage treatment and disposal systems;
217	fees.-
218	(2)  The minimum fees in the following fee schedule apply
219	until changed by rule by the department within the following
220	limits:
221	(a)  Application review, permit issuance, or system
222	inspection, including repair of a subsurface, mound, filled, or
223	other alternative system or permitting of an abandoned system: a
224	fee of not less than $25, or more than $125.
225	(b)  A 5-year evaluation report submitted pursuant to s.
226	381.0065(5): a fee not less than $15, or more than $30. At least
227	$1 and no more than $5 collected pursuant to this paragraph
228	shall be used to fund a grant program established under s.
229	381.00656.
230	(b)(c)  Site evaluation, site reevaluation, evaluation of a
231	system previously in use, or a per annum septage disposal site
232	evaluation: a fee of not less than $40, or more than $115.
233	(c)(d)  Biennial Operating permit for aerobic treatment
234	units or performance-based treatment systems: a fee of not more
235	than $100.
236	(d)(e)  Annual operating permit for systems located in
237	areas zoned for industrial manufacturing or equivalent uses or
238	where the system is expected to receive wastewater which is not
239	domestic in nature: a fee of not less than $150, or more than
240	$300.
241	(e)(f)  Innovative technology: a fee not to exceed $25,000.
242	(f)(g)  Septage disposal service, septage stabilization
243	facility, portable or temporary toilet service, tank
244	manufacturer inspection: a fee of not less than $25, or more
245	than $200, per year.
246	(g)(h)  Application for variance: a fee of not less than
247	$150, or more than $300.
248	(h)(i)  Annual operating permit for waterless,
249	incinerating, or organic waste composting toilets: a fee of not
250	less than $50, or more than $150.
251	(i)(j)  Aerobic treatment unit or performance-based
252	treatment system maintenance entity permit: a fee of not less
253	than $25, or more than $150, per year.
254	(j)(k)  Reinspection fee per visit for site inspection
255	after system construction approval or for noncompliant system
256	installation per site visit: a fee of not less than $25, or more
257	than $100.
258	(k)(l)  Research: An additional $5 fee shall be added to
259	each new system construction permit issued to be used to fund
260	onsite sewage treatment and disposal system research,
261	demonstration, and training projects. Five dollars from any
262	repair permit fee collected under this section shall be used for
263	funding the hands-on training centers described in s.
264	381.0065(3)(j).
265	(l)(m)  Annual operating permit, including annual
266	inspection and any required sampling and laboratory analysis of
267	effluent, for an engineer-designed performance-based system: a
268	fee of not less than $150, or more than $300.
269
270	On or before January 1, 2011, the Surgeon General, after
271	consultation with the Revenue Estimating Conference, shall
272	determine a revenue neutral fee schedule for services provided
273	pursuant to s. 381.0065(5) within the parameters set in
274	paragraph (b). Such determination is not subject to the
275	provisions of chapter 120. The funds collected pursuant to this
276	subsection must be deposited in a trust fund administered by the
277	department, to be used for the purposes stated in this section
278	and ss. 381.0065 and 381.00655.
279	Section 4.  This act shall take effect upon becoming a law.

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