HB 79

1	A bill to be entitled
2	An act relating to onsite sewage treatment and
3	disposal systems; amending s. 381.0065, F.S.; revising
4	legislative intent; conforming a cross-reference;
5	eliminating provisions directing the Department of
6	Health to create and administer a statewide septic
7	tank evaluation program; eliminating procedures and
8	criteria for the evaluation program; repealing s.
9	381.00656, F.S., to terminate the grant program for
10	repair of onsite sewage treatment disposal systems
11	identified pursuant to the evaluation program, to
12	conform; amending s. 381.0066, F.S.; eliminating
13	provisions authorizing the department to collect an
14	evaluation report fee; eliminating provisions relating
15	to disposition of fee proceeds and a revenue-neutral
16	fee schedule; providing an effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.  Subsection (1), paragraph (j) of subsection
21	(3), and subsections (5), (6), and (7) of section 381.0065,
22	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	(3)  DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.-The
44	department shall:
45	(j)  Supervise research on, demonstration of, and training
46	on the performance, environmental impact, and public health
47	impact of onsite sewage treatment and disposal systems within
48	this state. Research fees collected under s. 381.0066(2)(k)
49	381.0066(2)(l) must be used to develop and fund hands-on
50	training centers designed to provide practical information about
51	onsite sewage treatment and disposal systems to septic tank
52	contractors, master septic tank contractors, contractors,
53	inspectors, engineers, and the public and must also be used to
54	fund research projects which focus on improvements of onsite
55	sewage treatment and disposal systems, including use of
56	performance-based standards and reduction of environmental
57	impact. Research projects shall be initially approved by the
58	technical review and advisory panel and shall be applicable to
59	and reflect the soil conditions specific to Florida. Such
60	projects shall be awarded through competitive negotiation, using
61	the procedures provided in s. 287.055, to public or private
62	entities that have experience in onsite sewage treatment and
63	disposal systems in Florida and that are principally located in
64	Florida. Research projects shall not be awarded to firms or
65	entities that employ or are associated with persons who serve on
66	either the technical review and advisory panel or the research
67	review and advisory committee.
68	(5)  EVALUATION AND ASSESSMENT.-
69	(a)  Beginning July 1, 2011, the department shall
70	administer an onsite sewage treatment and disposal system
71	evaluation program for the purpose of assessing the fundamental
72	operational condition of systems and identifying any failures
73	within the systems. The department shall adopt rules
74	implementing the program standards, procedures, and
75	requirements, including, but not limited to, a schedule for a 5-
76	year evaluation cycle, requirements for the pump-out of a system
77	or repair of a failing system, enforcement procedures for
78	failure of a system owner to obtain an evaluation of the system,
79	and failure of a contractor to timely submit evaluation results
80	to the department and the system owner. The department shall
81	ensure statewide implementation of the evaluation and assessment
82	program by January 1, 2016.
83	(b)  Owners of an onsite sewage treatment and disposal
84	system, excluding a system that is required to obtain an
85	operating permit, shall have the system evaluated at least once
86	every 5 years to assess the fundamental operational condition of
87	the system, and identify any failure within the system.
88	(c)  All evaluation procedures must be documented and
89	nothing in this subsection limits the amount of detail an
90	evaluator may provide at his or her professional discretion. The
91	evaluation must include a tank and drainfield evaluation, a
92	written assessment of the condition of the system, and, if
93	necessary, a disclosure statement pursuant to the department's
94	procedure.
95	(d)1.  Systems being evaluated that were installed prior to
96	January 1, 1983, shall meet a minimum 6-inch separation from the
97	bottom of the drainfield to the wettest season water table
98	elevation as defined by department rule. All drainfield repairs,
99	replacements or modifications to systems installed prior to
100	January 1, 1983, shall meet a minimum 12-inch separation from
101	the bottom of the drainfield to the wettest season water table
102	elevation as defined by department rule.
103	2.  Systems being evaluated that were installed on or after
104	January 1, 1983, shall meet a minimum 12-inch separation from
105	the bottom of the drainfield to the wettest season water table
106	elevation as defined by department rule. All drainfield repairs,
107	replacements or modification to systems developed on or after
108	January 1, 1983, shall meet a minimum 24-inch separation from
109	the bottom of the drainfield to the wettest season water table
110	elevation.
111	(e)  If documentation of a tank pump-out or a permitted new
112	installation, repair, or modification of the system within the
113	previous 5 years is provided, and states the capacity of the
114	tank and indicates that the condition of the tank is not a
115	sanitary or public health nuisance pursuant to department rule,
116	a pump-out of the system is not required.
117	(f)  Owners are responsible for paying the cost of any
118	required pump-out, repair, or replacement pursuant to department
119	rule, and may not request partial evaluation or the omission of
120	portions of the evaluation.
121	(g)  Each evaluation or pump-out required under this
122	subsection must be performed by a septic tank contractor or
123	master septic tank contractor registered under part III of
124	chapter 489, a professional engineer with wastewater treatment
125	system experience licensed pursuant to chapter 471, or an
126	environmental health professional certified under chapter 381 in
127	the area of onsite sewage treatment and disposal system
128	evaluation.
129	(h)  The evaluation report fee collected pursuant to s.
130	381.0066(2)(b) shall be remitted to the department by the
131	evaluator at the time the report is submitted.
132	(i)  Prior to any evaluation deadline, the department must
133	provide a minimum of 60 days' notice to owners that their
134	systems must be evaluated by that deadline. The department may
135	include a copy of any homeowner educational materials developed
136	pursuant to this section which provides information on the
137	proper maintenance of onsite sewage treatment and disposal
138	systems.
139	(5)(6)  ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.-
140	(a)  Department personnel who have reason to believe
141	noncompliance exists, may at any reasonable time, enter the
142	premises permitted under ss. 381.0065-381.0066, or the business
143	premises of any septic tank contractor or master septic tank
144	contractor registered under part III of chapter 489, or any
145	premises that the department has reason to believe is being
146	operated or maintained not in compliance, to determine
147	compliance with the provisions of this section, part I of
148	chapter 386, or part III of chapter 489 or rules or standards
149	adopted under ss. 381.0065-381.0067, part I of chapter 386, or
150	part III of chapter 489. As used in this paragraph, the term
151	"premises" does not include a residence or private building. To
152	gain entry to a residence or private building, the department
153	must obtain permission from the owner or occupant or secure an
154	inspection warrant from a court of competent jurisdiction.
155	(b)1.  The department may issue citations that may contain
156	an order of correction or an order to pay a fine, or both, for
157	violations of ss. 381.0065-381.0067, part I of chapter 386, or
158	part III of chapter 489 or the rules adopted by the department,
159	when a violation of these sections or rules is enforceable by an
160	administrative or civil remedy, or when a violation of these
161	sections or rules is a misdemeanor of the second degree. A
162	citation issued under ss. 381.0065-381.0067, part I of chapter
163	386, or part III of chapter 489 constitutes a notice of proposed
164	agency action.
165	2.  A citation must be in writing and must describe the
166	particular nature of the violation, including specific reference
167	to the provisions of law or rule allegedly violated.
168	3.  The fines imposed by a citation issued by the
169	department may not exceed $500 for each violation. Each day the
170	violation exists constitutes a separate violation for which a
171	citation may be issued.
172	4.  The department shall inform the recipient, by written
173	notice pursuant to ss. 120.569 and 120.57, of the right to an
174	administrative hearing to contest the citation within 21 days
175	after the date the citation is received. The citation must
176	contain a conspicuous statement that if the recipient fails to
177	pay the fine within the time allowed, or fails to appear to
178	contest the citation after having requested a hearing, the
179	recipient has waived the recipient's right to contest the
180	citation and must pay an amount up to the maximum fine.
181	5.  The department may reduce or waive the fine imposed by
182	the citation. In determining whether to reduce or waive the
183	fine, the department must consider the gravity of the violation,
184	the person's attempts at correcting the violation, and the
185	person's history of previous violations including violations for
186	which enforcement actions were taken under ss. 381.0065-
187	381.0067, part I of chapter 386, part III of chapter 489, or
188	other provisions of law or rule.
189	6.  Any person who willfully refuses to sign and accept a
190	citation issued by the department commits a misdemeanor of the
191	second degree, punishable as provided in s. 775.082 or s.
192	775.083.
193	7.  The department, pursuant to ss. 381.0065-381.0067, part
194	I of chapter 386, or part III of chapter 489, shall deposit any
195	fines it collects in the county health department trust fund for
196	use in providing services specified in those sections.
197	8.  This section provides an alternative means of enforcing
198	ss. 381.0065-381.0067, part I of chapter 386, and part III of
199	chapter 489. This section does not prohibit the department from
200	enforcing ss. 381.0065-381.0067, part I of chapter 386, or part
201	III of chapter 489, or its rules, by any other means. However,
202	the department must elect to use only a single method of
203	enforcement for each violation.
204	(6)(7)  LAND APPLICATION OF SEPTAGE PROHIBITED.-Effective
205	January 1, 2016, the land application of septage from onsite
206	sewage treatment and disposal systems is prohibited. By February
207	1, 2011, the department, in consultation with the Department of
208	Environmental Protection, shall provide a report to the
209	Governor, the President of the Senate, and the Speaker of the
210	House of Representatives, recommending alternative methods to
211	establish enhanced treatment levels for the land application of
212	septage from onsite sewage and disposal systems. The report
213	shall include, but is not limited to, a schedule for the
214	reduction in land application, appropriate treatment levels,
215	alternative methods for treatment and disposal, enhanced
216	application site permitting requirements including any
217	requirements for nutrient management plans, and the range of
218	costs to local governments, affected businesses, and individuals
219	for alternative treatment and disposal methods. The report shall
220	also include any recommendations for legislation or rule
221	authority needed to reduce land application of septage.
222	Section 2.  Section 381.00656, Florida Statutes, is
223	repealed:
224	381.00656  Grant program for repair of onsite sewage
225	treatment disposal systems.-Effective January 1, 2012, the
226	department shall administer a grant program to assist owners of
227	onsite sewage treatment and disposal systems identified pursuant
228	to s. 381.0065 or the rules adopted thereunder. A grant under
229	the program may be awarded to an owner only for the purpose of
230	inspecting, pumping, repairing, or replacing a system serving a
231	single-family residence occupied by an owner with a family
232	income of less than or equal to 133 percent of the federal
233	poverty level at the time of application. The department may
234	prioritize applications for an award of grant funds based upon
235	the severity of a system's failure, its relative environmental
236	impact, the income of the family, or any combination thereof.
237	The department shall adopt rules establishing the grant
238	application and award process, including an application form.
239	The department shall seek to make grants in each fiscal year
240	equal to the total amount of grant funds available, with any
241	excess funds used for grant awards in subsequent fiscal years.
242	Section 3.  Subsection (2) of section 381.0066, Florida
243	Statutes, is amended to read:
244	381.0066  Onsite sewage treatment and disposal systems;
245	fees.-
246	(2)  The minimum fees in the following fee schedule apply
247	until changed by rule by the department within the following
248	limits:
249	(a)  Application review, permit issuance, or system
250	inspection, including repair of a subsurface, mound, filled, or
251	other alternative system or permitting of an abandoned system: a
252	fee of not less than $25, or more than $125.
253	(b)  A 5-year evaluation report submitted pursuant to s.
254	381.0065(5): a fee not less than $15, or more than $30. At least
255	$1 and no more than $5 collected pursuant to this paragraph
256	shall be used to fund a grant program established under s.
257	381.00656.
258	(b)(c)  Site evaluation, site reevaluation, evaluation of a
259	system previously in use, or a per annum septage disposal site
260	evaluation: a fee of not less than $40, or more than $115.
261	(c)(d)  Biennial Operating permit for aerobic treatment
262	units or performance-based treatment systems: a fee of not more
263	than $100.
264	(d)(e)  Annual operating permit for systems located in
265	areas zoned for industrial manufacturing or equivalent uses or
266	where the system is expected to receive wastewater which is not
267	domestic in nature: a fee of not less than $150, or more than
268	$300.
269	(e)(f)  Innovative technology: a fee not to exceed $25,000.
270	(f)(g)  Septage disposal service, septage stabilization
271	facility, portable or temporary toilet service, tank
272	manufacturer inspection: a fee of not less than $25, or more
273	than $200, per year.
274	(g)(h)  Application for variance: a fee of not less than
275	$150, or more than $300.
276	(h)(i)  Annual operating permit for waterless,
277	incinerating, or organic waste composting toilets: a fee of not
278	less than $50, or more than $150.
279	(i)(j)  Aerobic treatment unit or performance-based
280	treatment system maintenance entity permit: a fee of not less
281	than $25, or more than $150, per year.
282	(j)(k)  Reinspection fee per visit for site inspection
283	after system construction approval or for noncompliant system
284	installation per site visit: a fee of not less than $25, or more
285	than $100.
286	(k)(l)  Research: An additional $5 fee shall be added to
287	each new system construction permit issued to be used to fund
288	onsite sewage treatment and disposal system research,
289	demonstration, and training projects. Five dollars from any
290	repair permit fee collected under this section shall be used for
291	funding the hands-on training centers described in s.
292	381.0065(3)(j).
293	(l)(m)  Annual operating permit, including annual
294	inspection and any required sampling and laboratory analysis of
295	effluent, for an engineer-designed performance-based system: a
296	fee of not less than $150, or more than $300.
297
298	On or before January 1, 2011, the Surgeon General, after
299	consultation with the Revenue Estimating Conference, shall
300	determine a revenue neutral fee schedule for services provided
301	pursuant to s. 381.0065(5) within the parameters set in
302	paragraph (b). Such determination is not subject to the
303	provisions of chapter 120. The funds collected pursuant to this
304	subsection must be deposited in a trust fund administered by the
305	department, to be used for the purposes stated in this section
306	and ss. 381.0065 and 381.00655.
307	Section 4.  This act shall take effect upon becoming a law.

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