Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 820
       
       
       
       
       
       
                                Barcode 723570                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/11/2012           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Environmental Preservation and Conservation
       (Dean) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (1), (5), (6), and (7) of section
    6  381.0065, Florida Statues, are amended, paragraphs (b) through
    7  (p) of subsection (2) of that section are redesignated as
    8  paragraphs (c) through (q), respectively, a new paragraph (b) is
    9  added to that subsection, paragraph (j) of subsection (3) and
   10  paragraph (n) of subsection (4) of that section are amended, and
   11  paragraphs (w) through (z) are added to subsection (4) of that
   12  section, to read:
   13         381.0065 Onsite sewage treatment and disposal systems;
   14  regulation.—
   15         (1) LEGISLATIVE INTENT.—
   16         (a) It is the intent of the Legislature that proper
   17  management of onsite sewage treatment and disposal systems is
   18  paramount to the health, safety, and welfare of the public. It
   19  is further the intent of the Legislature that the department
   20  shall administer an evaluation program to ensure the operational
   21  condition of the system and identify any failure with the
   22  system.
   23         (b) It is the intent of the Legislature that where a
   24  publicly owned or investor-owned sewerage system is not
   25  available, the department shall issue permits for the
   26  construction, installation, modification, abandonment, or repair
   27  of onsite sewage treatment and disposal systems under conditions
   28  as described in this section and rules adopted under this
   29  section. It is further the intent of the Legislature that the
   30  installation and use of onsite sewage treatment and disposal
   31  systems not adversely affect the public health or significantly
   32  degrade the groundwater or surface water.
   33         (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
   34  term:
   35         (b)1. “Bedroom” means a room that can be used for sleeping
   36  and that:
   37         a. For site-built dwellings, has a minimum of 70 square
   38  feet of conditioned space;
   39         b. For manufactured homes, is constructed according to
   40  standards of the United States Department of Housing and Urban
   41  Development and has a minimum of 50 square feet of floor area;
   42         c. Is located along an exterior wall;
   43         d. Has a closet and a door or an entrance where a door
   44  could be reasonably installed; and
   45         e. Has an emergency means of escape and rescue opening to
   46  the outside.
   47         2. A room may not be considered a bedroom if it is used to
   48  access another room except a bathroom or closet.
   49         3. “Bedroom” does not include a hallway, bathroom, kitchen,
   50  living room, family room, dining room, den, breakfast nook,
   51  pantry, laundry room, sunroom, recreation room, media/video
   52  room, or exercise room.
   53         (3) DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.—The
   54  department shall:
   55         (j) Supervise research on, demonstration of, and training
   56  on the performance, environmental impact, and public health
   57  impact of onsite sewage treatment and disposal systems within
   58  this state. Research fees collected under s. 381.0066(2)(k)
   59  381.0066(2)(l) must be used to develop and fund hands-on
   60  training centers designed to provide practical information about
   61  onsite sewage treatment and disposal systems to septic tank
   62  contractors, master septic tank contractors, contractors,
   63  inspectors, engineers, and the public and must also be used to
   64  fund research projects which focus on improvements of onsite
   65  sewage treatment and disposal systems, including use of
   66  performance-based standards and reduction of environmental
   67  impact. Research projects shall be initially approved by the
   68  technical review and advisory panel and shall be applicable to
   69  and reflect the soil conditions specific to Florida. Such
   70  projects shall be awarded through competitive negotiation, using
   71  the procedures provided in s. 287.055, to public or private
   72  entities that have experience in onsite sewage treatment and
   73  disposal systems in Florida and that are principally located in
   74  Florida. Research projects shall not be awarded to firms or
   75  entities that employ or are associated with persons who serve on
   76  either the technical review and advisory panel or the research
   77  review and advisory committee.
   78         (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
   79  construct, repair, modify, abandon, or operate an onsite sewage
   80  treatment and disposal system without first obtaining a permit
   81  approved by the department. The department may issue permits to
   82  carry out this section, but shall not make the issuance of such
   83  permits contingent upon prior approval by the Department of
   84  Environmental Protection, except that the issuance of a permit
   85  for work seaward of the coastal construction control line
   86  established under s. 161.053 shall be contingent upon receipt of
   87  any required coastal construction control line permit from the
   88  Department of Environmental Protection. A construction permit is
   89  valid for 18 months from the issuance date and may be extended
   90  by the department for one 90-day period under rules adopted by
   91  the department. A repair permit is valid for 90 days from the
   92  date of issuance. An operating permit must be obtained prior to
   93  the use of any aerobic treatment unit or if the establishment
   94  generates commercial waste. Buildings or establishments that use
   95  an aerobic treatment unit or generate commercial waste shall be
   96  inspected by the department at least annually to assure
   97  compliance with the terms of the operating permit. The operating
   98  permit for a commercial wastewater system is valid for 1 year
   99  from the date of issuance and must be renewed annually. The
  100  operating permit for an aerobic treatment unit is valid for 2
  101  years from the date of issuance and must be renewed every 2
  102  years. If all information pertaining to the siting, location,
  103  and installation conditions or repair of an onsite sewage
  104  treatment and disposal system remains the same, a construction
  105  or repair permit for the onsite sewage treatment and disposal
  106  system may be transferred to another person, if the transferee
  107  files, within 60 days after the transfer of ownership, an
  108  amended application providing all corrected information and
  109  proof of ownership of the property. There is no fee associated
  110  with the processing of this supplemental information. A person
  111  may not contract to construct, modify, alter, repair, service,
  112  abandon, or maintain any portion of an onsite sewage treatment
  113  and disposal system without being registered under part III of
  114  chapter 489. A property owner who personally performs
  115  construction, maintenance, or repairs to a system serving his or
  116  her own owner-occupied single-family residence is exempt from
  117  registration requirements for performing such construction,
  118  maintenance, or repairs on that residence, but is subject to all
  119  permitting requirements. A municipality or political subdivision
  120  of the state may not issue a building or plumbing permit for any
  121  building that requires the use of an onsite sewage treatment and
  122  disposal system unless the owner or builder has received a
  123  construction permit for such system from the department. A
  124  building or structure may not be occupied and a municipality,
  125  political subdivision, or any state or federal agency may not
  126  authorize occupancy until the department approves the final
  127  installation of the onsite sewage treatment and disposal system.
  128  A municipality or political subdivision of the state may not
  129  approve any change in occupancy or tenancy of a building that
  130  uses an onsite sewage treatment and disposal system until the
  131  department has reviewed the use of the system with the proposed
  132  change, approved the change, and amended the operating permit.
  133         (n) Evaluations for determining the seasonal high-water
  134  table elevations or the suitability of soils for the use of a
  135  new onsite sewage treatment and disposal system shall be
  136  performed by department personnel, professional engineers
  137  registered in the state, or such other persons with expertise,
  138  as defined by rule, in making such evaluations. Evaluations for
  139  determining mean annual flood lines shall be performed by those
  140  persons identified in paragraph (2)(j) (2)(i). The department
  141  shall accept evaluations submitted by professional engineers and
  142  such other persons as meet the expertise established by this
  143  section or by rule unless the department has a reasonable
  144  scientific basis for questioning the accuracy or completeness of
  145  the evaluation.
  146         (w) Any permit issued and approved by the department for
  147  the installation, modification, or repair of an onsite sewage
  148  treatment and disposal system shall transfer with the title to
  149  the property in a real estate transaction. A title may not be
  150  encumbered at the time of transfer by new permit requirements by
  151  a governmental entity for an onsite sewage treatment and
  152  disposal system that differ from the permitting requirements in
  153  effect at the time the system was permitted, modified, or
  154  repaired. No inspection of a system shall be mandated by any
  155  governmental entity at the point of sale in a real estate
  156  transaction.
  157         (x)1. An onsite sewage treatment and disposal system is not
  158  considered abandoned if the system is disconnected from a
  159  structure that was made unusable or destroyed following a
  160  disaster and was properly functioning at the time of
  161  disconnection and not adversely affected by the disaster. The
  162  onsite sewage treatment and disposal system may be reconnected
  163  to a rebuilt structure if:
  164         a. The reconnection of the system is to the same type of
  165  structure which contains the same number of bedrooms or less,
  166  provided the square footage of the structure is less than or
  167  equal to 110 percent of the original square footage of the
  168  structure that existed prior to the disaster;
  169         b. The system is not a sanitary nuisance; and
  170         c. The system has not been altered without prior
  171  authorization.
  172         2. An onsite sewage treatment and disposal system that
  173  serves a property that is foreclosed upon is not considered
  174  abandoned.
  175         (y) If an onsite sewage treatment and disposal system
  176  permittee receives, relies upon, and undertakes construction of
  177  a system based upon a validly issued construction permit under
  178  rules applicable at the time of construction but a change to a
  179  rule occurs after the approval of the system for construction
  180  but before the final approval of the system, the rules
  181  applicable and in effect at the time of construction approval
  182  apply at the time of final approval if fundamental site
  183  conditions have not changed between the time of construction
  184  approval and final approval.
  185         (z) A modification, replacement, or upgrade of an onsite
  186  sewage treatment and disposal system is not required for a
  187  remodeling addition to a single-family home if a bedroom is not
  188  added.
  189         (5) EVALUATION AND ASSESSMENT.—
  190         (a) Beginning July 1, 2011, the department shall administer
  191  an onsite sewage treatment and disposal system evaluation
  192  program for the purpose of assessing the fundamental operational
  193  condition of systems and identifying any failures within the
  194  systems. The department shall adopt rules implementing the
  195  program standards, procedures, and requirements, including, but
  196  not limited to, a schedule for a 5-year evaluation cycle,
  197  requirements for the pump-out of a system or repair of a failing
  198  system, enforcement procedures for failure of a system owner to
  199  obtain an evaluation of the system, and failure of a contractor
  200  to timely submit evaluation results to the department and the
  201  system owner. The department shall ensure statewide
  202  implementation of the evaluation and assessment program by
  203  January 1, 2016.
  204         (b) Owners of an onsite sewage treatment and disposal
  205  system, excluding a system that is required to obtain an
  206  operating permit, shall have the system evaluated at least once
  207  every 5 years to assess the fundamental operational condition of
  208  the system, and identify any failure within the system.
  209         (c) All evaluation procedures must be documented and
  210  nothing in this subsection limits the amount of detail an
  211  evaluator may provide at his or her professional discretion. The
  212  evaluation must include a tank and drainfield evaluation, a
  213  written assessment of the condition of the system, and, if
  214  necessary, a disclosure statement pursuant to the department’s
  215  procedure.
  216         (d)1. Systems being evaluated that were installed prior to
  217  January 1, 1983, shall meet a minimum 6-inch separation from the
  218  bottom of the drainfield to the wettest season water table
  219  elevation as defined by department rule. All drainfield repairs,
  220  replacements or modifications to systems installed prior to
  221  January 1, 1983, shall meet a minimum 12-inch separation from
  222  the bottom of the drainfield to the wettest season water table
  223  elevation as defined by department rule.
  224         2. Systems being evaluated that were installed on or after
  225  January 1, 1983, shall meet a minimum 12-inch separation from
  226  the bottom of the drainfield to the wettest season water table
  227  elevation as defined by department rule. All drainfield repairs,
  228  replacements or modification to systems developed on or after
  229  January 1, 1983, shall meet a minimum 24-inch separation from
  230  the bottom of the drainfield to the wettest season water table
  231  elevation.
  232         (e) If documentation of a tank pump-out or a permitted new
  233  installation, repair, or modification of the system within the
  234  previous 5 years is provided, and states the capacity of the
  235  tank and indicates that the condition of the tank is not a
  236  sanitary or public health nuisance pursuant to department rule,
  237  a pump-out of the system is not required.
  238         (f) Owners are responsible for paying the cost of any
  239  required pump-out, repair, or replacement pursuant to department
  240  rule, and may not request partial evaluation or the omission of
  241  portions of the evaluation.
  242         (g) Each evaluation or pump-out required under this
  243  subsection must be performed by a septic tank contractor or
  244  master septic tank contractor registered under part III of
  245  chapter 489, a professional engineer with wastewater treatment
  246  system experience licensed pursuant to chapter 471, or an
  247  environmental health professional certified under chapter 381 in
  248  the area of onsite sewage treatment and disposal system
  249  evaluation.
  250         (h) The evaluation report fee collected pursuant to s.
  251  381.0066(2)(b) shall be remitted to the department by the
  252  evaluator at the time the report is submitted.
  253         (i) Prior to any evaluation deadline, the department must
  254  provide a minimum of 60 days’ notice to owners that their
  255  systems must be evaluated by that deadline. The department may
  256  include a copy of any homeowner educational materials developed
  257  pursuant to this section which provides information on the
  258  proper maintenance of onsite sewage treatment and disposal
  259  systems.
  260         (5)(6) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.—
  261         (a) Department personnel who have reason to believe
  262  noncompliance exists, may at any reasonable time, enter the
  263  premises permitted under ss. 381.0065-381.0066, or the business
  264  premises of any septic tank contractor or master septic tank
  265  contractor registered under part III of chapter 489, or any
  266  premises that the department has reason to believe is being
  267  operated or maintained not in compliance, to determine
  268  compliance with the provisions of this section, part I of
  269  chapter 386, or part III of chapter 489 or rules or standards
  270  adopted under ss. 381.0065-381.0067, part I of chapter 386, or
  271  part III of chapter 489. As used in this paragraph, the term
  272  “premises” does not include a residence or private building. To
  273  gain entry to a residence or private building, the department
  274  must obtain permission from the owner or occupant or secure an
  275  inspection warrant from a court of competent jurisdiction.
  276         (b)1. The department may issue citations that may contain
  277  an order of correction or an order to pay a fine, or both, for
  278  violations of ss. 381.0065-381.0067, part I of chapter 386, or
  279  part III of chapter 489 or the rules adopted by the department,
  280  when a violation of these sections or rules is enforceable by an
  281  administrative or civil remedy, or when a violation of these
  282  sections or rules is a misdemeanor of the second degree. A
  283  citation issued under ss. 381.0065-381.0067, part I of chapter
  284  386, or part III of chapter 489 constitutes a notice of proposed
  285  agency action.
  286         2. A citation must be in writing and must describe the
  287  particular nature of the violation, including specific reference
  288  to the provisions of law or rule allegedly violated.
  289         3. The fines imposed by a citation issued by the department
  290  may not exceed $500 for each violation. Each day the violation
  291  exists constitutes a separate violation for which a citation may
  292  be issued.
  293         4. The department shall inform the recipient, by written
  294  notice pursuant to ss. 120.569 and 120.57, of the right to an
  295  administrative hearing to contest the citation within 21 days
  296  after the date the citation is received. The citation must
  297  contain a conspicuous statement that if the recipient fails to
  298  pay the fine within the time allowed, or fails to appear to
  299  contest the citation after having requested a hearing, the
  300  recipient has waived the recipient’s right to contest the
  301  citation and must pay an amount up to the maximum fine.
  302         5. The department may reduce or waive the fine imposed by
  303  the citation. In determining whether to reduce or waive the
  304  fine, the department must consider the gravity of the violation,
  305  the person’s attempts at correcting the violation, and the
  306  person’s history of previous violations including violations for
  307  which enforcement actions were taken under ss. 381.0065
  308  381.0067, part I of chapter 386, part III of chapter 489, or
  309  other provisions of law or rule.
  310         6. Any person who willfully refuses to sign and accept a
  311  citation issued by the department commits a misdemeanor of the
  312  second degree, punishable as provided in s. 775.082 or s.
  313  775.083.
  314         7. The department, pursuant to ss. 381.0065-381.0067, part
  315  I of chapter 386, or part III of chapter 489, shall deposit any
  316  fines it collects in the county health department trust fund for
  317  use in providing services specified in those sections.
  318         8. This section provides an alternative means of enforcing
  319  ss. 381.0065-381.0067, part I of chapter 386, and part III of
  320  chapter 489. This section does not prohibit the department from
  321  enforcing ss. 381.0065-381.0067, part I of chapter 386, or part
  322  III of chapter 489, or its rules, by any other means. However,
  323  the department must elect to use only a single method of
  324  enforcement for each violation.
  325         (6)(7) LAND APPLICATION OF SEPTAGE PROHIBITED.—Effective
  326  January 1, 2016, the land application of septage from onsite
  327  sewage treatment and disposal systems is prohibited. By February
  328  1, 2011, the department, in consultation with the Department of
  329  Environmental Protection, shall provide a report to the
  330  Governor, the President of the Senate, and the Speaker of the
  331  House of Representatives, recommending alternative methods to
  332  establish enhanced treatment levels for the land application of
  333  septage from onsite sewage and disposal systems. The report
  334  shall include, but is not limited to, a schedule for the
  335  reduction in land application, appropriate treatment levels,
  336  alternative methods for treatment and disposal, enhanced
  337  application site permitting requirements including any
  338  requirements for nutrient management plans, and the range of
  339  costs to local governments, affected businesses, and individuals
  340  for alternative treatment and disposal methods. The report shall
  341  also include any recommendations for legislation or rule
  342  authority needed to reduce land application of septage.
  343         Section 2. Section 381.00651, Florida Statutes, is created
  344  to read:
  345         381.00651 Periodic evaluation and assessment of onsite
  346  sewage treatment and disposal systems.—
  347         (1) For the purposes of this section, the term "first
  348  magnitude spring" means a spring that has a median water
  349  discharge of greater than or equal to 100 cubic feet per second
  350  for the period of record, as determined by the Department of
  351  Environmental Protection.
  352         (2) A county or municipality that contains a first
  353  magnitude spring shall, by no later than January 1, 2013,
  354  develop and adopt by local ordinance an onsite sewage treatment
  355  and disposal system evaluation and assessment program which
  356  meets the requirements of this section. The ordinance may apply
  357  within all or part of its geographic area. Those counties or
  358  municipalities containing a first magnitude spring that have
  359  already adopted an onsite sewage treatment and disposal system
  360  evaluation and assessment program which meet the grandfathering
  361  requirements contained in this section, or that have chosen to
  362  opt out of this section in the manner provided herein, are
  363  exempt from the requirement to adopt an ordinance implementing
  364  an evaluation and assessment program. The governing body of a
  365  local government that chooses to opt out of this section shall
  366  do so by adopting a resolution by majority vote which indicates
  367  an intent on the part of such local government not to adopt an
  368  onsite sewage treatment and disposal system evaluation and
  369  assessment program. Such resolution shall be addressed and
  370  transmitted to the Secretary of State. Absent an inter-local
  371  agreement or county charter provision to the contrary, a
  372  municipality may elect to opt out of the requirements of this
  373  section notwithstanding a contrary decision of the governing
  374  body of a county. Any local government that has properly opted
  375  out of this section but subsequently chooses to adopt an
  376  evaluation and assessment program may do so only pursuant to the
  377  requirements of this section and may not deviate from such
  378  requirements.
  379         (3)Any county or municipality that does not contain a
  380  first magnitude spring may at any time develop and adopt by
  381  local ordinance an onsite sewage treatment and disposal system
  382  evaluation and assessment program, provided such program meets
  383  and does not deviate from the requirements of this section.
  384         (4)Any county or municipality that has adopted such a
  385  program before July 1, 2011, may continue to enforce its program
  386  without having to meet the requirements of this section,
  387  provided such program does not require an evaluation at the
  388  point of sale in a real estate transaction.
  389         (5)Any county or municipality may repeal an ordinance
  390  adopted pursuant to this section only if the county or
  391  municipality notifies the Secretary of State by letter of the
  392  repeal. No county or municipality may adopt an onsite sewage
  393  treatment and disposal system evaluation and assessment program
  394  except pursuant to this section.
  395         (6)The requirements for an onsite sewage treatment and
  396  disposal system evaluation and assessment program are as
  397  follows:
  398         (a) Evaluations.—An evaluation of each onsite sewage
  399  treatment and disposal system within all or part of the county’s
  400  or municipality’s jurisdiction must take place once every 5
  401  years to assess the fundamental operational condition of the
  402  system and to identify system failures. The ordinance may not
  403  mandate an evaluation at the point of sale in a real estate
  404  transaction and may not require a soil examination. The location
  405  of the system shall be identified. A tank and drainfield
  406  evaluation and a written assessment of the overall condition of
  407  the system pursuant to the assessment procedure prescribed in
  408  subsection (7) are required.
  409         (b) Qualified contractors.—Each evaluation required under
  410  this subsection must be performed by a qualified contractor, who
  411  may be a septic tank contractor or master septic tank contractor
  412  registered under part III of chapter 489, a professional
  413  engineer having wastewater treatment system experience and
  414  licensed under chapter 471, or an environmental health
  415  professional certified under this chapter in the area of onsite
  416  sewage treatment and disposal system evaluation. Evaluations and
  417  pump-outs may also be performed by an authorized employee
  418  working under the supervision of an individual listed in this
  419  paragraph; however, all evaluation forms must be signed by a
  420  qualified contractor in writing or by electronic signature.
  421         (c) Repair of systems.—The local ordinance may not require
  422  a repair, modification, or replacement of a system as a result
  423  of an evaluation unless the evaluation identifies a system
  424  failure. For purposes of this subsection, the term “system
  425  failure” means a condition existing within an onsite sewage
  426  treatment and disposal system that results in the discharge of
  427  untreated or partially treated wastewater onto the ground
  428  surface or into surface water or that results in the failure of
  429  building plumbing to discharge properly and presents a sanitary
  430  nuisance. A system is not in failure if the system does not have
  431  a minimum separation distance between the drainfield and the
  432  wettest season water table or if an obstruction in a sanitary
  433  line or an effluent screen or filter prevents effluent from
  434  flowing into a drainfield. If a system failure is identified and
  435  several allowable remedial measures are available to resolve the
  436  failure, the system owner may choose the least costly allowable
  437  remedial measure to fix the system. There may be instances in
  438  which a pump-out is sufficient to resolve a system failure.
  439  Allowable remedial measures to resolve a system failure are
  440  limited to what is necessary to resolve the failure and must
  441  meet, to the maximum extent practicable, the requirements of the
  442  repair code in effect when the repair is made, subject to the
  443  exceptions specified in s. 381.0065(4)(g). An engineer-designed
  444  performance-based treatment system to reduce nutrients may not
  445  be required as an alternative remediation measure to resolve the
  446  failure of a conventional system.
  447         (d) Exemptions.—
  448         1. The local ordinance shall exempt from the evaluation
  449  requirements any system that is required to obtain an operating
  450  permit pursuant to state law or that is inspected by the
  451  department pursuant to the annual permit inspection requirements
  452  of chapter 513.
  453         2. The local ordinance may provide for an exemption or an
  454  extension of time to obtain an evaluation and assessment if
  455  connection to a sewer system is available, connection to the
  456  sewer system is imminent, and written arrangements for payment
  457  of any utility assessments or connection fees have been made by
  458  the system owner.
  459         3. An onsite sewage treatment and disposal system serving a
  460  residential dwelling unit on a lot with a ratio of one bedroom
  461  per acre or greater is exempt from the requirements of this
  462  section and may not be included in any onsite sewage treatment
  463  and disposal system inspection program.
  464         (7) The following procedures shall be used for conducting
  465  evaluations:
  466         (a) Tank evaluation.—The tank evaluation shall assess the
  467  apparent structural condition and watertightness of the tank and
  468  shall estimate the size of the tank. The evaluation must include
  469  a pump-out. However, an ordinance may not require a pump-out if
  470  there is documentation indicating that a tank pump-out or a
  471  permitted new installation, repair, or modification of the
  472  system has occurred within the previous 5 years, identifying the
  473  capacity of the tank, and indicating that the condition of the
  474  tank is structurally sound and watertight. Visual inspection of
  475  the tank must be made when the tank is empty to detect cracks,
  476  leaks, or other defects. Baffles or tees must be checked to
  477  ensure that they are intact and secure. The evaluation shall
  478  note the presence and condition of outlet devices, effluent
  479  filters, and compartment walls; any structural defect in the
  480  tank; the condition and fit of the tank lid, including manholes;
  481  whether surface water can infiltrate the tank; and whether the
  482  tank was pumped out. If the tank, in the opinion of the
  483  qualified contractor, is in danger of being damaged by leaving
  484  the tank empty after inspection, the tank shall be refilled
  485  before concluding the inspection. Broken or damaged lids or
  486  manholes shall be replaced without obtaining a repair permit.
  487         (b) Drainfield evaluation.—The drainfield evaluation must
  488  include a determination of the approximate size and location of
  489  the drainfield. The evaluation shall state whether there is any
  490  sewage or effluent visible on the ground or discharging to a
  491  ditch or other water body and the location of any downspout or
  492  other source of water near or in the vicinity of the drainfield.
  493         (c) Special circumstances.—If the system contains pumps,
  494  siphons, or alarms, the following information may be provided at
  495  the request of the homeowner:
  496         1. An assessment of dosing tank integrity, including the
  497  approximate volume and the type of material used in the tank’s
  498  construction;
  499         2. Whether the pump is elevated off the bottom of the
  500  chamber and its operational status;
  501         3. Whether the system has a check valve and purge hole; and
  502         4. Whether the system has a high-water alarm, and if so
  503  whether the alarm is audio or visual or both, the location and
  504  operational condition of the alarm, and whether the electrical
  505  connections to the alarm appear satisfactory.
  506         (d) Assessment procedure.—All evaluation procedures used by
  507  a qualified contractor shall be documented. The qualified
  508  contractor shall provide a copy of a written, signed evaluation
  509  report to the property owner upon completion of the evaluation
  510  and to the county health department within 30 days after the
  511  evaluation. The report shall contain the name and license number
  512  of the company providing the report. A copy of the evaluation
  513  report shall be retained by the local county health department
  514  for a minimum of 5 years and until a subsequent inspection
  515  report is filed. The front cover of the report must identify any
  516  system failure and include a clear and conspicuous notice to the
  517  owner that the owner has a right to have any remediation of the
  518  failure performed by a qualified contractor other than the
  519  contractor performing the evaluation. The report must further
  520  identify any crack, leak, improper fit, or other defect in the
  521  tank, manhole, or lid, and any other damaged or missing
  522  component; any sewage or effluent visible on the ground or
  523  discharging to a ditch or other surface water body; any
  524  downspout, stormwater, or other source of water directed onto or
  525  toward the system; and any other maintenance need or condition
  526  of the system at the time of the evaluation that, in the opinion
  527  of the qualified contractor, would possibly interfere with or
  528  restrict any future repair or modification to the existing
  529  system. The report shall conclude with an overall assessment of
  530  the fundamental operational condition of the system.
  531         (8) The county health department shall administer any
  532  evaluation program on behalf of a county, or a municipality
  533  within the county, that has adopted an evaluation program
  534  pursuant to this section. In order to administer the evaluation
  535  program, the county or municipality, in consultation with the
  536  county health department, may develop a reasonable fee schedule
  537  to be used solely to pay for the costs of administering the
  538  evaluation program. Such a fee schedule shall be identified in
  539  the ordinance that adopts the evaluation program. When arriving
  540  at a reasonable fee schedule, the estimated annual revenues to
  541  be derived from fees may not exceed reasonable estimated annual
  542  costs of the program. Fees shall be assessed to the system owner
  543  during an inspection and separately identified on the invoice of
  544  the qualified contractor. Fees shall be remitted by the
  545  qualified contractor to the county health department. The county
  546  health department’s administrative responsibilities include the
  547  following:
  548         (a) Providing a notice to the system owner at least 60 days
  549  before the system is due for an evaluation. The notice may
  550  include information on the proper maintenance of onsite sewage
  551  treatment and disposal systems.
  552         (b) In consultation with the Department of Health,
  553  providing uniform disciplinary procedures and penalties for
  554  qualified contractors who do not comply with the requirements of
  555  the adopted ordinance, including, but not limited to, failure to
  556  provide the evaluation report as required in this subsection to
  557  the system owner and the county health department. Only the
  558  county health department may assess penalties against system
  559  owners for failure to comply with the adopted ordinance,
  560  consistent with existing requirements of law.
  561         (c) Developing its own database and tracking systems to
  562  encompass evaluation programs adopted by the county or
  563  municipalities within its jurisdiction. The database shall also
  564  be used to collect, store, and index information obtained from
  565  the evaluation reports filed by each qualified contractor with
  566  the county health department. The tracking system:
  567         1. Must include the ability to collect and store the
  568  description, addresses, and locations of the onsite sewage
  569  treatment and disposal systems within each jurisdiction; an
  570  inventory of the number of onsite sewage treatment and disposal
  571  systems within each jurisdiction; and the total number and types
  572  of system failures within each jurisdiction.
  573         2. May include the ability to collect and store other
  574  trends deemed relevant by the county health department resulting
  575  from an assessment and evaluation of the overall condition of
  576  onsite sewage treatment and disposal systems.
  577         3. May be Internet-based.
  578         4. May be designed to be used by contractors to report all
  579  service and evaluation events and by the county health
  580  department to notify owners of onsite sewage treatment and
  581  disposal systems when evaluations are due. Data and information
  582  shall be recorded and updated as service and evaluations are
  583  conducted and reported.
  584         (9)(a) A county or municipality that adopts an onsite
  585  sewage treatment and disposal system evaluation and assessment
  586  program pursuant to this section shall notify the Secretary of
  587  Environmental Protection, the Department of Health, and the
  588  applicable county health department upon the adoption of its
  589  ordinance establishing the program.
  590         (b) Upon receipt of the notice under paragraph (a), the
  591  Department of Environmental Protection shall, within existing
  592  resources, notify the county or municipality of the potential
  593  use of, and access to, program funds under the Clean Water State
  594  Revolving Fund or s. 319 of the Clean Water Act, provide
  595  guidance in the application process to receive such moneys, and
  596  provide advice and technical assistance to the county or
  597  municipality on how to establish a low-interest revolving loan
  598  program or how to model a revolving loan program after the low
  599  interest loan program of the Clean Water State Revolving Fund.
  600  This paragraph does not obligate the Department of Environmental
  601  Protection to provide any county or municipality with money to
  602  fund such programs.
  603         (c) The Department of Health may not adopt any rule that
  604  alters the provisions of this section.
  605         (10) This section does not:
  606         (a) Derogate or limit county and municipal home rule
  607  authority to act outside the scope of the evaluation and
  608  assessment program set forth in this section.
  609         (b) Repeal or affect any other law relating to the subject
  610  matter of this section.
  611         (c) Prohibit a county or municipality that has adopted an
  612  evaluation and assessment program pursuant to this section from:
  613         1. Enforcing existing ordinances or adopting new ordinances
  614  relating to onsite sewage treatment facilities to address public
  615  health and safety if such ordinances do not repeal, suspend, or
  616  alter the requirements or limitations of this section.
  617         2. Adopting local environmental and pollution abatement
  618  measures for water quality improvement as provided for by law if
  619  such measures do not repeal, suspend, or alter the requirements
  620  or limitations of this section.
  621         3. Exercising its independent and existing authority to use
  622  and meet the requirements of s. 381.00655.
  623         Section 3. Section 381.00656, Florida Statutes, is
  624  repealed.
  625         Section 4. Subsection (2) of section 381.0066, Florida
  626  Statutes, is amended to read:
  627         381.0066 Onsite sewage treatment and disposal systems;
  628  fees.—
  629         (2) The minimum fees in the following fee schedule apply
  630  until changed by rule by the department within the following
  631  limits:
  632         (a) Application review, permit issuance, or system
  633  inspection, including repair of a subsurface, mound, filled, or
  634  other alternative system or permitting of an abandoned system: a
  635  fee of not less than $25, or more than $125.
  636         (b) A 5-year evaluation report submitted pursuant to s.
  637  381.0065(5): a fee not less than $15, or more than $30. At least
  638  $1 and no more than $5 collected pursuant to this paragraph
  639  shall be used to fund a grant program established under s.
  640  381.00656.
  641         (b)(c) Site evaluation, site reevaluation, evaluation of a
  642  system previously in use, or a per annum septage disposal site
  643  evaluation: a fee of not less than $40, or more than $115.
  644         (c)(d) Biennial Operating permit for aerobic treatment
  645  units or performance-based treatment systems: a fee of not more
  646  than $100.
  647         (d)(e) Annual operating permit for systems located in areas
  648  zoned for industrial manufacturing or equivalent uses or where
  649  the system is expected to receive wastewater which is not
  650  domestic in nature: a fee of not less than $150, or more than
  651  $300.
  652         (e)(f) Innovative technology: a fee not to exceed $25,000.
  653         (f)(g) Septage disposal service, septage stabilization
  654  facility, portable or temporary toilet service, tank
  655  manufacturer inspection: a fee of not less than $25, or more
  656  than $200, per year.
  657         (g)(h) Application for variance: a fee of not less than
  658  $150, or more than $300.
  659         (h)(i) Annual operating permit for waterless, incinerating,
  660  or organic waste composting toilets: a fee of not less than $15
  661  $50, or more than $30 $150.
  662         (i)(j) Aerobic treatment unit or performance-based
  663  treatment system maintenance entity permit: a fee of not less
  664  than $25, or more than $150, per year.
  665         (j)(k) Reinspection fee per visit for site inspection after
  666  system construction approval or for noncompliant system
  667  installation per site visit: a fee of not less than $25, or more
  668  than $100.
  669         (k)(l) Research: An additional $5 fee shall be added to
  670  each new system construction permit issued to be used to fund
  671  onsite sewage treatment and disposal system research,
  672  demonstration, and training projects. Five dollars from any
  673  repair permit fee collected under this section shall be used for
  674  funding the hands-on training centers described in s.
  675  381.0065(3)(j).
  676         (l)(m) Annual operating permit, including annual inspection
  677  and any required sampling and laboratory analysis of effluent,
  678  for an engineer-designed performance-based system: a fee of not
  679  less than $150, or more than $300.
  680  
  681         On or before January 1, 2011, the Surgeon General, after
  682  consultation with the Revenue Estimating Conference, shall
  683  determine a revenue neutral fee schedule for services provided
  684  pursuant to s. 381.0065(5) within the parameters set in
  685  paragraph (b). Such determination is not subject to the
  686  provisions of chapter 120. The funds collected pursuant to this
  687  subsection must be deposited in a trust fund administered by the
  688  department, to be used for the purposes stated in this section
  689  and ss. 381.0065 and 381.00655.
  690         Section 5. This act shall take effect upon becoming a law.
  691  
  692  
  693  ================= T I T L E  A M E N D M E N T ================
  694         And the title is amended as follows:
  695         Delete everything before the enacting clause
  696  and insert:
  697                        A bill to be entitled                      
  698         An act relating to ; onsite sewage treatment and disposal
  699  systems; amending s. 381.0065, F.S.; deleting legislative
  700  intent; defining the term “bedroom”; conforming cross
  701  references; providing for any permit issued and approved by the
  702  Department of Health for the installation, modification, or
  703  repair of an onsite sewage treatment and disposal system to
  704  transfer with the title of the property; providing circumstances
  705  in which an onsite sewage treatment and disposal system is not
  706  considered abandoned; providing for the validity of an onsite
  707  sewage treatment and disposal system permit if rules change
  708  before final approval of the constructed system; providing that
  709  a system modification, replacement, or upgrade is not required
  710  unless a bedroom is added to a single-family home; deleting
  711  provisions requiring the department to administer an evaluation
  712  and assessment program of onsite sewage treatment and disposal
  713  systems and requiring property owners to have such systems
  714  evaluated at least once every 5 years; deleting obsolete
  715  provisions; creating s. 381.00651, F.S.; requiring a county or
  716  municipality containing a first magnitude spring to adopt by
  717  ordinance, under certain circumstances, the program for the
  718  periodic evaluation and assessment of onsite sewage treatment
  719  and disposal systems; requiring the county or municipality to
  720  notify the Secretary of State of the ordinance; authorizing a
  721  county or municipality, in specified circumstances, to opt out
  722  of certain requirements by a specified date; authorizing a
  723  county or municipality to adopt or repeal, after a specified
  724  date, an ordinance creating an evaluation and assessment
  725  program; subject to notification of the Secretary of State;
  726  providing criteria for evaluations, qualified contractors,
  727  repair of systems; providing for certain procedures and
  728  exemptions in special circumstances; defining the term “system
  729  failure”; requiring that certain procedures be used for
  730  conducting tank and drainfield evaluations; providing for
  731  certain procedures in special circumstances; providing for
  732  assessment procedures; providing requirements for county health
  733  departments; requiring the county or municipality to develop a
  734  system for tracking the evaluations; providing criteria;
  735  requiring counties and municipalities to notify the Secretary of
  736  Environmental Protection and the Department of Health that an
  737  evaluation program ordinance is adopted; requiring the
  738  Department of Environmental Protection to notify those counties
  739  or municipalities of the use of, and access to, certain state
  740  and federal program funds and to provide certain guidance and
  741  technical assistance upon request; prohibiting the adoption of
  742  certain rules by the Department of Health; providing
  743  applicability; repealing s. 381.00656, F.S., relating to a grant
  744  program for the repair of onsite sewage treatment and disposal
  745  systems; amending s. 381.0066, F.S.; lowering the fees imposed
  746  by the department for certain permits; conforming cross
  747  references; providing an effective date.