Florida Senate - 2013 SB 1160 By Senator Bullard 39-01040-13 20131160__ 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 the frequency of inspections that owners of aerobic 5 treatment unit systems must provide for under service 6 agreements with certain maintenance entities permitted 7 by the Department of Health; providing an effective 8 date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Paragraph (u) of subsection (4) of section 13 381.0065, Florida Statutes, is amended to read: 14 381.0065 Onsite sewage treatment and disposal systems; 15 regulation.— 16 (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not 17 construct, repair, modify, abandon, or operate an onsite sewage 18 treatment and disposal system without first obtaining a permit 19 approved by the department. The department may issue permits to 20 carry out this section, but shall not make the issuance of such 21 permits contingent upon prior approval by the Department of 22 Environmental Protection, except that the issuance of a permit 23 for work seaward of the coastal construction control line 24 established under s. 161.053 shall be contingent upon receipt of 25 any required coastal construction control line permit from the 26 Department of Environmental Protection. A construction permit is 27 valid for 18 months from the issuance date and may be extended 28 by the department for one 90-day period under rules adopted by 29 the department. A repair permit is valid for 90 days from the 30 date of issuance. An operating permit must be obtained prior to 31 the use of any aerobic treatment unit or if the establishment 32 generates commercial waste. Buildings or establishments that use 33 an aerobic treatment unit or generate commercial waste shall be 34 inspected by the department at least annually to assure 35 compliance with the terms of the operating permit. The operating 36 permit for a commercial wastewater system is valid for 1 year 37 from the date of issuance and must be renewed annually. The 38 operating permit for an aerobic treatment unit is valid for 2 39 years from the date of issuance and must be renewed every 2 40 years. If all information pertaining to the siting, location, 41 and installation conditions or repair of an onsite sewage 42 treatment and disposal system remains the same, a construction 43 or repair permit for the onsite sewage treatment and disposal 44 system may be transferred to another person, if the transferee 45 files, within 60 days after the transfer of ownership, an 46 amended application providing all corrected information and 47 proof of ownership of the property. There is no fee associated 48 with the processing of this supplemental information. A person 49 may not contract to construct, modify, alter, repair, service, 50 abandon, or maintain any portion of an onsite sewage treatment 51 and disposal system without being registered under part III of 52 chapter 489. A property owner who personally performs 53 construction, maintenance, or repairs to a system serving his or 54 her own owner-occupied single-family residence is exempt from 55 registration requirements for performing such construction, 56 maintenance, or repairs on that residence, but is subject to all 57 permitting requirements. A municipality or political subdivision 58 of the state may not issue a building or plumbing permit for any 59 building that requires the use of an onsite sewage treatment and 60 disposal system unless the owner or builder has received a 61 construction permit for such system from the department. A 62 building or structure may not be occupied and a municipality, 63 political subdivision, or any state or federal agency may not 64 authorize occupancy until the department approves the final 65 installation of the onsite sewage treatment and disposal system. 66 A municipality or political subdivision of the state may not 67 approve any change in occupancy or tenancy of a building that 68 uses an onsite sewage treatment and disposal system until the 69 department has reviewed the use of the system with the proposed 70 change, approved the change, and amended the operating permit. 71 (u) The owner of an aerobic treatment unit system shall 72 maintain a current maintenance service agreement with an aerobic 73 treatment unit maintenance entity permitted by the department. 74 The maintenance entity shall obtain a system operating permit 75 from the department for each aerobic treatment unit under 76 service contract. The maintenance entity shall inspect each 77 aerobic treatment unit system at least twice each year for the 78 initial 2 years of the maintenance service agreement and at 79 least once a year thereafter and shall report semiannually 80quarterlyto the departmentonthe number of aerobic treatment 81 unit systems inspected and serviced. Maintenance entity service 82 agreements must conspicuously disclose that a property owner of 83 an owner-occupied single-family residence is exempt from 84 registration requirements for performing such construction, 85 maintenance, or repairs on such residence, but is subject to all 86 permitting requirements. The owner shall allow the department to 87 inspect during reasonable hours each aerobic treatment unit 88 system at least annually, and such inspection may include 89 collection and analysis of system-effluent samples for 90 performance criteria established by rule of the department. 91 Section 2. This act shall take effect July 1, 2013.