Bill Amendment: FL S1160 | 2013 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Onsite Sewage Treatment and Disposal Systems
Status: 2013-04-24 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 375 (Ch. 2013-79), CS/HB 7019 (Ch. 2013-213) [S1160 Detail]
Download: Florida-2013-S1160-Health_Policy_Committee_Amendment_609720.html
Bill Title: Onsite Sewage Treatment and Disposal Systems
Status: 2013-04-24 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 375 (Ch. 2013-79), CS/HB 7019 (Ch. 2013-213) [S1160 Detail]
Download: Florida-2013-S1160-Health_Policy_Committee_Amendment_609720.html
Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. SB 1160
Barcode 609720
LEGISLATIVE ACTION
Senate . House
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The Committee on Health Policy (Braynon) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraphs (l) and (u) of subsection (4) of
6 section 381.0065, Florida Statutes, are amended to read:
7 381.0065 Onsite sewage treatment and disposal systems;
8 regulation.—
9 (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
10 construct, repair, modify, abandon, or operate an onsite sewage
11 treatment and disposal system without first obtaining a permit
12 approved by the department. The department may issue permits to
13 carry out this section, but shall not make the issuance of such
14 permits contingent upon prior approval by the Department of
15 Environmental Protection, except that the issuance of a permit
16 for work seaward of the coastal construction control line
17 established under s. 161.053 shall be contingent upon receipt of
18 any required coastal construction control line permit from the
19 Department of Environmental Protection. A construction permit is
20 valid for 18 months from the issuance date and may be extended
21 by the department for one 90-day period under rules adopted by
22 the department. A repair permit is valid for 90 days from the
23 date of issuance. An operating permit must be obtained prior to
24 the use of any aerobic treatment unit or if the establishment
25 generates commercial waste. Buildings or establishments that use
26 an aerobic treatment unit or generate commercial waste shall be
27 inspected by the department at least annually to assure
28 compliance with the terms of the operating permit. The operating
29 permit for a commercial wastewater system is valid for 1 year
30 from the date of issuance and must be renewed annually. The
31 operating permit for an aerobic treatment unit is valid for 2
32 years from the date of issuance and must be renewed every 2
33 years. If all information pertaining to the siting, location,
34 and installation conditions or repair of an onsite sewage
35 treatment and disposal system remains the same, a construction
36 or repair permit for the onsite sewage treatment and disposal
37 system may be transferred to another person, if the transferee
38 files, within 60 days after the transfer of ownership, an
39 amended application providing all corrected information and
40 proof of ownership of the property. There is no fee associated
41 with the processing of this supplemental information. A person
42 may not contract to construct, modify, alter, repair, service,
43 abandon, or maintain any portion of an onsite sewage treatment
44 and disposal system without being registered under part III of
45 chapter 489. A property owner who personally performs
46 construction, maintenance, or repairs to a system serving his or
47 her own owner-occupied single-family residence is exempt from
48 registration requirements for performing such construction,
49 maintenance, or repairs on that residence, but is subject to all
50 permitting requirements. A municipality or political subdivision
51 of the state may not issue a building or plumbing permit for any
52 building that requires the use of an onsite sewage treatment and
53 disposal system unless the owner or builder has received a
54 construction permit for such system from the department. A
55 building or structure may not be occupied and a municipality,
56 political subdivision, or any state or federal agency may not
57 authorize occupancy until the department approves the final
58 installation of the onsite sewage treatment and disposal system.
59 A municipality or political subdivision of the state may not
60 approve any change in occupancy or tenancy of a building that
61 uses an onsite sewage treatment and disposal system until the
62 department has reviewed the use of the system with the proposed
63 change, approved the change, and amended the operating permit.
64 (l) 1. Within the Florida Keys area, which is a critical
65 state concern, any building permit and any permit issued by the
66 Department of Environmental Protection or by a water management
67 district pursuant to part IV of chapter 373, which has an
68 expiration date of January 1, 2012, through January 1, 2016, is
69 extended and renewed for a period of 3 years after its
70 previously scheduled expiration date. This extension includes
71 any local government-issued development order or building
72 permit, including certificates of levels of service. This
73 section does not prohibit conversion from the construction phase
74 to the operation phase upon completion of construction and is in
75 addition to any permit extension. Extensions granted under this
76 section; s. 14, chapter 2009-96, Laws of Florida, as
77 reauthorized by s. 47, chapter 2010-147, Laws of Florida; s. 46,
78 chapter 2010-147, Laws of Florida; s. 74, chapter 2011-139, Laws
79 of Florida; or s. 79, chapter 2011-139, Laws of Florida, may not
80 exceed 7 years in total. Specific development order extensions
81 granted pursuant to s. 380.06(19)(c)2., may not be further
82 extended by this section.
83 2. For the Florida Keys, the department shall adopt a
84 special rule for the construction, installation, modification,
85 operation, repair, maintenance, and performance of onsite sewage
86 treatment and disposal systems which considers the unique soil
87 conditions and water table elevations, densities, and setback
88 requirements. On lots where a setback distance of 75 feet from
89 surface waters, saltmarsh, and buttonwood association habitat
90 areas cannot be met, an injection well, approved and permitted
91 by the department, may be used for disposal of effluent from
92 onsite sewage treatment and disposal systems. The following
93 additional requirements apply to onsite sewage treatment and
94 disposal systems in Monroe County:
95 a.1. The county, each municipality, and those special
96 districts established for the purpose of the collection,
97 transmission, treatment, or disposal of sewage shall ensure, in
98 accordance with the specific schedules adopted by the
99 Administration Commission under s. 380.0552, the completion of
100 onsite sewage treatment and disposal system upgrades to meet the
101 requirements of this paragraph.
102 b.2. In areas not scheduled to go to a centralized sewer,
103 onsite sewage treatment and disposal systems must cease
104 discharge by December 31, 2015, or must comply with department
105 rules and provide the level of treatment which, on a permitted
106 annual average basis, produces an effluent that contains no more
107 than the following concentrations:
108 (I)a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
109 (II)b. Suspended Solids of 10 mg/l.
110 (III)c. Total Nitrogen, expressed as N, of 10 mg/l. A
111 system tested and certified to provide at least a 70 percent
112 reduction in Nitrogen is in compliance with this standard.
113 (IV)d. Total Phosphorus, expressed as P, of 1 mg/l.
114
115 In addition, onsite sewage treatment and disposal systems
116 discharging to an injection well must provide basic disinfection
117 as defined by department rule.
118 c.3. On or after July 1, 2010, all new, modified, and
119 repaired onsite sewage treatment and disposal systems must
120 provide the level of treatment described in subparagraph 2.
121 However, In areas scheduled to be served by central sewer by
122 December 31, 2015, if the property owner has paid a connection
123 fee or assessment for connection to the central sewer system, an
124 onsite sewage treatment and disposal system may be repaired to
125 the following minimum standards:
126 (I)a. The existing tanks must be pumped and inspected and
127 certified as being watertight and free of defects in accordance
128 with department rule; and
129 (II)b. A sand-lined drainfield or injection well in
130 accordance with department rule must be installed.
131 d.4. Onsite sewage treatment and disposal systems must be
132 monitored for total nitrogen and total phosphorus concentrations
133 as required by department rule.
134 e.5. The department shall enforce proper installation,
135 operation, and maintenance of onsite sewage treatment and
136 disposal systems pursuant to this chapter, including ensuring
137 that the appropriate level of treatment described in sub
138 subparagraph b. subparagraph 2. is met.
139 f.6. The authority of a local government, including a
140 special district, to mandate connection of an onsite sewage
141 treatment and disposal system is governed by s. 4, chapter 99
142 395, Laws of Florida. Notwithstanding any other provision of law
143 to the contrary, an onsite sewage treatment and disposal system,
144 installed after July 1, 2010, which meets the standards in sub
145 subparagraph b., is not required to connect to a sewer until
146 December 31, 2020.
147 (u)1. The owner of an aerobic treatment unit system shall
148 maintain a current maintenance service agreement with an aerobic
149 treatment unit maintenance entity permitted by the department.
150 The maintenance entity shall obtain a system operating permit
151 from the department for each aerobic treatment unit under
152 service contract. The maintenance entity shall inspect each
153 aerobic treatment unit system at least twice each year and shall
154 report quarterly to the department on the number of aerobic
155 treatment unit systems inspected and serviced. The reports may
156 be submitted electronically.
157 2. The department may approve and permit a property owner
158 of an owner-occupied, single-family residence as a maintenance
159 entity for the property owner’s own aerobic treatment unit
160 system if the system manufacturer’s approved representative
161 certifies in writing that the property owner has received
162 training on the proper installation and service of the system.
163 The maintenance entity service agreement must conspicuously
164 disclose that the property owner has the right to maintain his
165 or her own system and is exempt from contractor registration
166 requirements for performing construction, maintenance, or
167 repairs on the system. However, the property owner is subject to
168 all permitting requirements.
169 3. A manufacture may not deny a septic tank contractor
170 licensed under part III of chapter 489 access to aerobic
171 treatment unit system training or spare parts for maintenance
172 entities. After the original warranty period, component parts
173 for an aerobic treatment unit system may be replaced with parts
174 that meet manufacturer’s specifications but are manufactured by
175 others. The maintenance entity shall maintain documentation for
176 a period of 2 years of the substitute part’s equivalency and
177 shall provide such documentation to the department upon request.
178 4. The owner of an aerobic treatment unit system shall
179 allow the department to inspect during reasonable hours each
180 aerobic treatment unit system at least annually, and such
181 inspection may include collection and analysis of system
182 effluent samples for performance criteria established by rule of
183 the department.
184 Section 2. This act shall take effect July 1, 2013.
185
186 ================= T I T L E A M E N D M E N T ================
187 And the title is amended as follows:
188 Delete everything before the enacting clause
189 and insert:
190 A bill to be entitled
191 An act relating to onsite sewage treatment and
192 disposal systems; amending s. 381.0065, F.S.;
193 extending the expiration date of building permits and
194 permits issued by the Department of Environmental
195 Protection or by a water management district;
196 providing that the extension of the expiration date
197 does not prohibit conversion from the construction
198 phase to the operation phase upon completion of
199 construction; providing that certain extensions may
200 not exceed a specified number of years; prohibiting
201 certain extensions; requiring onsite sewage treatment
202 and disposal systems to comply with department rules
203 and provide a certain level of treatment; providing
204 that certain onsite sewage treatment and disposal
205 systems installed after a specified date are not
206 required to connect to a sewer until a specified date;
207 authorizing the department to approve and permit a
208 property owner of an owner-occupied, single-family
209 residence as a maintenance entity for the property
210 owner’s own aerobic treatment unit system under
211 certain circumstances; requiring the maintenance
212 entity service agreement to conspicuously disclose
213 that the property owner has the right to maintain his
214 or her own system and is exempt from certain
215 contractor registration requirements; prohibiting a
216 septic tank contractor from being denied access by the
217 manufacturer to aerobic treatment unit system training
218 or spare parts for maintenance entities; providing
219 that component parts for an aerobic treatment unit
220 system may be replaced with parts that meet
221 manufacturer’s specifications; requiring the
222 maintenance entity to maintain documentation for a
223 specified period of time and to provide the
224 documentation to the department upon request;
225 requiring an owner of an aerobic treatment unit system
226 to allow the department to annually inspect each
227 aerobic treatment unit system; providing an effective
228 date.
