Florida 2022 Regular Session

Florida House Bill H1125 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to onsite sewage treatment and 2
16	16	disposal system inspections; repealing s. 381.00651, 3
17	17	F.S., relating to the periodic evaluation and 4
18	18	assessment of onsite sewage treatment and disposal 5
19	19	systems; creating s. 381.00653, F.S.; directing the 6
20	20	Department of Environmental Protection to administer 7
21	21	an onsite sewage treatment and disposal system 8
22	22	periodic inspection program; requiring owners of 9
23	23	certain onsite sewage treatment and disposal systems 10
24	24	to have periodic inspections of such systems beginning 11
25	25	on a specified date; providing program requirements 12
26	26	and exemptions; defining the terms "repair" and 13
27	27	"system failure"; requiring the onsite sewage 14
28	28	treatment and disposal systems technical advisory 15
29	29	committee to determine criteria for advanced nutrient 16
30	30	removal systems; requiring system owners to pay the 17
31	31	costs of the required inspections, repairs, and 18
32	32	replacements; prohibiting system owners from 19
33	33	requesting a partial inspection or the omission of a 20
34	34	portion of the inspection; authorizing local 21
35	35	governments to create cer tain grant programs; 22
36	36	directing the department to submit program reports to 23
37	37	the Governor, Legislature, Chief Science Officer, and 24
38	38	Blue-Green Algae Task Force beginning on a specified 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	date; directing the department, in consultation with 26
52	52	the onsite sewage tre atment and disposal systems 27
53	53	technical advisory committee, to adopt rules; 28
54	54	providing an effective date. 29
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56	56	Be It Enacted by the Legislature of the State of Florida: 31
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58	58	Section 1. Section 381.00651, Florida Statutes, is 33
59	59	repealed. 34
60	60	Section 2. Section 3 81.00653, Florida Statutes, is created 35
61	61	to read: 36
62	62	381.00653 Periodic inspections of onsite sewage treatment 37
63	63	and disposal systems. — 38
64	64	(1)(a) The department shall administer an onsite sewage 39
65	65	treatment and disposal system periodic inspection program for 40
66	66	the purpose of assessing the fundamental operational condition 41
67	67	of the system, prolonging the life of the system, and 42
68	68	identifying any failure or underperformance within the system. 43
69	69	(b) Effective July 1, 2025, the owner of an onsite sewage 44
70	70	treatment and disposa l system must have the system inspected at 45
71	71	least once every 5 years if the system is: 46
72	72	1. More than 5 years old; and 47
73	73	2. Located within the watershed of an Outstanding Florida 48
74	74	Water or one of its tributaries; or 49
75	75	3. Included in a basin management action plan in which: 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	a. Twenty percent or more of nutrient pollution is 51
89	89	attributed to onsite sewage treatment and disposal systems; or 52
90	90	b. A reduction of septic pollution is necessary to meet 53
91	91	the total maximum daily load requirement. 54
92	92	(2)(a) Each inspection required under this section must be 55
93	93	performed by a qualified contractor or by an authorized employee 56
94	94	working under the supervision of a qualified contractor. 57
95	95	(b) A qualified contractor is: 58
96	96	1. A septic tank contractor or master septic tank 59
97	97	contractor who is registered under part III of chapter 489; 60
98	98	2. A professional engineer who has wastewater treatment 61
99	99	system experience and is licensed under chapter 471; or 62
100	100	3. An environmental health professional who is certified 63
101	101	under this chapter in the area of onsite sewage treatment and 64
102	102	disposal system inspection. 65
103	103	(c) All inspection forms must be signed by a qualified 66
104	104	contractor in writing or by electronic signature. 67
105	105	(3)(a) For purposes of this subsection: 68
106	106	1. "Repair" means any replacement of or modificat ion or 69
107	107	addition to a failing onsite sewage treatment and disposal 70
108	108	system which is necessary to allow the system to function in 71
109	109	accordance with its design or to eliminate a public health or 72
110	110	pollution hazard, including the use of any treatment method that 73
111	111	is intended to improve the functioning of any part of the system 74
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120	120	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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124	124	or to prolong or sustain the length of time the system 75
125	125	functions. 76
126	126	2. "System failure" means a condition existing within an 77
127	127	onsite sewage treatment and disposal system which results in the 78
128	128	discharge of untreated or partially treated wastewater onto the 79
129	129	ground surface or into surface water or that results in the 80
130	130	failure of building plumbing to discharge properly and presents 81
131	131	a sanitary nuisance. 82
132	132	(b) If a system failure is identified and severa l 83
133	133	allowable remedial measures are available to resolve the 84
134	134	failure, the onsite sewage treatment and disposal system owner 85
135	135	may choose the least costly allowable remedial measure to repair 86
136	136	the system, including pumpouts. Allowable remedial measures to 87
137	137	resolve a system failure are limited to what is necessary to 88
138	138	resolve the failure and must meet, to the maximum extent 89
139	139	practicable, the requirements of the repair code in effect when 90
140	140	the repair is made, subject to the exceptions specified in s. 91
141	141	381.0065(4)(g) and the requirements of the basin management 92
142	142	action plan for the area where the onsite sewage treatment and 93
143	143	disposal system is located. 94
144	144	(c) If a system requires replacement, the homeowner must 95
145	145	install an advanced nutrient removal system or, if available, 96
146	146	connect to a central sewerage system. The onsite sewage 97
147	147	treatment and disposal systems technical advisory committee 98
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156	156	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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160	160	established pursuant to s. 381.00652 shall determine the 99
161	161	criteria for advanced nutrient removal systems. 100
162	162	(d) The onsite sewage treatment and disposal system owner 101
163	163	is responsible for paying the cost of the inspection and any 102
164	164	repair or replacement and may not request partial inspections or 103
165	165	the omission of portions of the inspection. A local government 104
166	166	may create a program in accordance with s. 4 03.0673(3) to 105
167	167	provide grants to homeowners for replacement costs. 106
168	168	(4) An onsite sewage treatment and disposal system is 107
169	169	exempt from the requirements of this section if: 108
170	170	(a) The system is required to obtain an operating permit 109
171	171	pursuant to state law or i s inspected by the department pursuant 110
172	172	to the annual permit inspection requirements of chapter 513; 111
173	173	(b) A connection to a sewer system is available, 112
174	174	connection is imminent, and written arrangements for payment of 113
175	175	any utility assessments or connection fee s have been made by the 114
176	176	onsite sewage treatment and disposal system owner; or 115
177	177	(c) The system is located in an area that has a water 116
178	178	quality restoration plan that identifies the system for 117
179	179	inclusion in a septic -to-sewer project or conversion of the 118
180	180	system to an advanced nutrient removal system within 2 years. 119
181	181	(5) Beginning December 1, 2026, and every 3 years 120
182	182	thereafter, the department shall submit a report on the 121
183	183	implementation of the program to the Governor, the President of 122
184	184	the Senate, the Speaker of t he House of Representatives, the 123
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193	193	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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197	197	Chief Science Officer, and the Blue -Green Algae Task Force. 124
198	198	(6) The department, in consultation with the onsite sewage 125
199	199	treatment and disposal systems technical advisory committee, 126
200	200	shall adopt rules to implement this secti on. 127
201	201	Section 3. This act shall take effect July 1, 2022. 128