Bill Text: FL S1160 | 2013 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Onsite Sewage Treatment and Disposal Systems

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Introduced - Dead) 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-Introduced.html

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       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
   80  quarterly to the department on the 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.