Florida 2023 Regular Session

Florida House Bill H1425 Compare Versions

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

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3	3	HB 1425 2023
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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.; requiring owners 6
20	20	of certain onsite sewage treatment and disposal 7
21	21	systems to have periodic inspections of such systems 8
22	22	beginning on a specified date; requiring the 9
23	23	Department of Environmental Protection to administer 10
24	24	an onsite sewage treatment and disposal system 11
25	25	periodic inspection program; providing for scheduled 12
26	26	implementation, qualified contractors, system repairs, 13
27	27	exemptions, and inspection and assessment procedures; 14
28	28	defining the terms "repair" and "system failure"; 15
29	29	authorizing the department to develop a fee schedule 16
30	30	by rule; requiring the department to provide certain 17
31	31	disciplinary procedures, penalties, and inspection 18
32	32	notices; requiring system owners to pay the costs of 19
33	33	the required inspections and pumpouts; prohibiting 20
34	34	system owners from requesting a partial inspection or 21
35	35	the omission of a portion of the inspection; providing 22
36	36	an effective date. 23
37	37	24
38	38	Be It Enacted by the Legislature of the State of Florida: 25
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40	40	HB 1425 2023
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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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52	52	Section 1. Section 381.00651, Florida Statutes, is 27
53	53	repealed. 28
54	54	Section 2. Section 381.00653, Florida Statutes, is created 29
55	55	to read: 30
56	56	381.00653 Periodic inspections of onsite sewage treatment 31
57	57	and disposal systems. — 32
58	58	(1) Effective July 1, 2025, the owner of an onsite sewa ge 33
59	59	treatment and disposal system that is more than 5 years old must 34
60	60	have the system inspected at least once every 5 years to assess 35
61	61	the fundamental operational condition of the system, prolonging 36
62	62	the life of the system, and identifying any failure or 37
63	63	underperformance within the system. 38
64	64	(2) The department shall administer an onsite sewage 39
65	65	treatment and disposal system periodic inspection program. The 40
66	66	program must include the following requirements: 41
67	67	(a) Schedule.— 42
68	68	1. A county-by-county implementation pl an must be phased 43
69	69	in over a 10-year period with priority given to those areas 44
70	70	within a basin management action plan identified by the 45
71	71	department. 46
72	72	2. An inspection of each onsite sewage treatment and 47
73	73	disposal system must take place once every 5 years to a ssess the 48
74	74	fundamental operational condition of the system and to identify 49
75	75	system failures. 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	(b) Qualified contractors. - 51
89	89	1. Each inspection required under this section must be 52
90	90	performed by a qualified contractor or by an authorized employee 53
91	91	working under the supervision of a qualified contractor. A 54
92	92	qualified contractor is: 55
93	93	a. A septic tank contractor or master septic tank 56
94	94	contractor who is registered under part III of chapter 489; 57
95	95	b. A professional engineer who has wastewater treatment 58
96	96	system experience and is licensed under chapter 471; or 59
97	97	c. An environmental health professional who is certified 60
98	98	under this chapter in the area of onsite sewage treatment and 61
99	99	disposal system inspection. 62
100	100	2. Inspections and pumpouts may be performed by an 63
101	101	authorized employee working under the supervision of a qualified 64
102	102	contractor. 65
103	103	3. All inspection forms must be signed by a qualified 66
104	104	contractor in writing or by electronic signature. 67
105	105	(c) Repair of systems. -For purposes of this subsection: 68
106	106	1. "Repair" means any replacement of or modification 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 is necessary to eliminate a public 72
110	110	health or pollution hazard, inclu ding the use of any treatment 73
111	111	method that is intended to improve the functioning of any part 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	of the system or to prolong or sustain the length of time the 75
125	125	system functions. Repair does not include: 76
126	126	a. The service or replacement of mechanical or electrica l 77
127	127	parts of an approved system with like kind and quality parts; 78
128	128	b. Any minor structural corrections to a tank or 79
129	129	distribution box; 80
130	130	c. The use of an authorized additive in indoor building 81
131	131	plumbing by the onsite sewage treatment and disposal system 82
132	132	owner; 83
133	133	d. The removal of the contents of any tank or the 84
134	134	installation of an approved outlet filter device without 85
135	135	disturbing the drainfield; 86
136	136	e. The replacement of any broken tank lid; or 87
137	137	f. The splicing of a drip emitter line if the emitter is 88
138	138	not eliminated. 89
139	139	2. "System failure" means a condition existing within an 90
140	140	onsite sewage treatment and disposal system which results in the 91
141	141	discharge of untreated or partially treated wastewater onto the 92
142	142	ground surface or into surface water or that results in the 93
143	143	failure of building plumbing to discharge properly and presents 94
144	144	a sanitary nuisance. 95
145	145	a. A system is not in failure if the system does not have 96
146	146	a minimum separation distance between the drainfield and the 97
147	147	wettest season water table or if an obstruction in a sanitary 98
148	148	line or an effluent screen or filter prevents effluent from 99
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157	157	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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161	161	flowing into a drainfield. 100
162	162	b. If a system failure is identified and several allowable 101
163	163	remedial measures are available to resolve the failure, the 102
164	164	onsite sewage treatment and disposal sy stem owner may choose the 103
165	165	least costly allowable remedial measure to repair the system. 104
166	166	There may be instances in which a pumpout is sufficient to 105
167	167	resolve a system failure. Allowable remedial measures to resolve 106
168	168	a system failure are limited to what is nece ssary to resolve the 107
169	169	failure and must meet, to the maximum extent practicable, the 108
170	170	requirements of the repair code in effect when the repair is 109
171	171	made, subject to the exceptions specified in s. 381.0065(4)(g). 110
172	172	c. An engineer-designed performance -based treatment system 111
173	173	to reduce nutrients may not be required as an alternative 112
174	174	remediation measure to resolve the failure of a conventional 113
175	175	system. 114
176	176	(d) Exemptions.-An onsite sewage treatment and disposal 115
177	177	system is exempt from the requirements of this section if: 116
178	178	1. The system is required to obtain an operating permit 117
179	179	pursuant to state law or is inspected by the department pursuant 118
180	180	to the annual permit inspection requirements of chapter 513; 119
181	181	2. A connection to a sewer system is available, connection 120
182	182	is imminent, and written arrangements for payment of any utility 121
183	183	assessments or connection fees have been made by the onsite 122
184	184	sewage treatment and disposal system owner; 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	3. The system is located in an area that has a water 124
198	198	quality restoration plan that identifies the system for 125
199	199	inclusion in a septic -to-sewer project or conversion of the 126
200	200	system to an advanced nutrient removal system within 5 years; or 127
201	201	4. The system serves a residential dwelling unit on a lot 128
202	202	with one bedroom or less per acre. 129
203	203	(e) Tank inspection .—The tank inspection must assess the 130
204	204	apparent structural condition and watertightness of the tank and 131
205	205	estimate the size of the tank. 132
206	206	1. The inspection must include a pumpout. A pumpout is not 133
207	207	required if there is documentation that: 134
208	208	a. Indicates a tank pumpout or a permitted new 135
209	209	installation, repair, or modification of the system has occurred 136
210	210	within the previous 3 years; 137
211	211	b. Identifies the capacity of the tank; and 138
212	212	c. Indicates the condition of the tank is structurally 139
213	213	sound and watertight. 140
214	214	2. Visual inspection of the tank must be made when the 141
215	215	tank is empty to detect cracks, leaks, or other defects. The 142
216	216	tank must be refilled before concluding the inspection if, in 143
217	217	the opinion of the qualified contractor, the tank is in danger 144
218	218	of being damaged by l eaving the tank empty after the inspection. 145
219	219	3. Baffles or tees must be checked to ensure that they are 146
220	220	intact and secure. 147
221	221	4. The inspection must note: 148
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230	230	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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234	234	a. The presence and condition of outlet devices, effluent 149
235	235	filters, and compartment walls; 150
236	236	b. Any structural defect in the tank; 151
237	237	c. The condition and fit of the tank lid, including 152
238	238	manholes; 153
239	239	d. Whether surface water can infiltrate the tank; and 154
240	240	e. Whether the tank was pumped out. 155
241	241	5. The replacement of a broken or damaged lid or manhole 156
242	242	does not require a repair permit. 157
243	243	(f) Drainfield inspection. —The drainfield inspection must 158
244	244	include a determination of the approximate size and location of 159
245	245	the drainfield. The inspection must state whether there is any 160
246	246	sewage or effluent visible on the ground or discharging to a 161
247	247	ditch or other water body and the location of any downspout or 162
248	248	other source of water near or in the vicinity of the drainfield. 163
249	249	(g) Special circumstances. — 164
250	250	1. If the onsite sewage treatment and disposal system 165
251	251	contains pumps, siphons, or alarms, the following information 166
252	252	may be provided at the request of the system owner: 167
253	253	a. An assessment of dosing tank integrity, including the 168
254	254	approximate volume and the type of material used in the tank's 169
255	255	construction; 170
256	256	b. Whether the pump is eleva ted off the bottom of the 171
257	257	chamber and its operational status; 172
258	258	c. Whether the system has a check valve and purge hole; 173
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267	267	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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271	271	and 174
272	272	d. Whether the system has a high -water alarm, and if so 175
273	273	whether the alarm is audio or visual or both, the location and 176
274	274	operational condition of the alarm, and whether the electrical 177
275	275	connections to the alarm appear satisfactory. 178
276	276	2. If the onsite sewage treatment and disposal system 179
277	277	owner does not request the information in subparagraph 1., the 180
278	278	qualified contractor or any employee of the qualified contractor 181
279	279	is not liable for any damages directly resulting from a failure 182
280	280	of the system's pumps, siphons, or alarms. This exclusion of 183
281	281	liability must be stated on the front cover of the report 184
282	282	required under paragraph (h). 185
283	283	(h) Assessment procedure.— 186
284	284	1. All inspection procedures used by a qualified 187
285	285	contractor must be documented in the department's environmental 188
286	286	health database. 189
287	287	2. The qualified contractor shall provide a copy of a 190
288	288	written, signed inspection report to the onsite sewage t reatment 191
289	289	and disposal system owner upon completion of the inspection and 192
290	290	to the county health department within 30 days after the 193
291	291	inspection. The report must contain the name and license number 194
292	292	of the contractor providing the report. The local county healt h 195
293	293	department must maintain a copy of the inspection report for at 196
294	294	least 5 years and until a subsequent inspection report is filed. 197
295	295	3. The front cover of the report must: 198
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304	304	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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308	308	a. Identify any system failure; 199
309	309	b. Include a clear and conspicuous notice that t he onsite 200
310	310	sewage treatment and disposal system owner has the right to have 201
311	311	any remediation of a system failure performed by a qualified 202
312	312	contractor other than the contractor performing the inspection; 203
313	313	and 204
314	314	c. Include a clear and conspicuous statement of th e 205
315	315	exclusion of liability under paragraph (g). 206
316	316	4. The report must identify any: 207
317	317	a. Crack, leak, improper fit, or other defect in the tank, 208
318	318	manhole, or lid, and any other damaged or missing component; 209
319	319	b. Sewage or effluent visible on the ground or disc harging 210
320	320	to a ditch or other surface water body; 211
321	321	c. Downspout, stormwater, or other source of water 212
322	322	directed onto or toward the system; and 213
323	323	d. Maintenance need or condition of the system at the time 214
324	324	of the inspection which, in the opinion of the qualifi ed 215
325	325	contractor, would possibly interfere with or restrict any future 216
326	326	repair or modification to the existing system. 217
327	327	5. The report must conclude with an overall assessment of 218
328	328	the fundamental operational condition of the system. 219
329	329	(3) In administering the inspection program, the 220
330	330	department: 221
331	331	(a) May develop a reasonable fee schedule to be used 222
332	332	solely to pay for the costs of administering the inspection 223
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341	341	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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345	345	program. The fee schedule must be identified in the rule that 224
346	346	adopts the inspection program. When arrivin g at a reasonable fee 225
347	347	schedule, the estimated annual revenues to be derived from fees 226
348	348	may not exceed reasonable estimated annual costs of the program. 227
349	349	Fees must be assessed to the onsite sewage treatment and 228
350	350	disposal system owner during an inspection and s eparately 229
351	351	identified on the invoice of the qualified contractor. Fees must 230
352	352	be remitted by the qualified contractor to the department. 231
353	353	(b) Shall provide notice to the onsite sewage treatment 232
354	354	and disposal system owner at least 60 days before the system is 233
355	355	due for an inspection. The notice must include information on 234
356	356	the proper maintenance of onsite sewage treatment and disposal 235
357	357	systems and a provision stating that the purpose of the 236
358	358	inspection is to assess the fundamental operational condition of 237
359	359	the system, prolong the life of the system, and identify any 238
360	360	failure within the system, and not to determine code compliance, 239
361	361	require a complete upgrade or overhaul of the system to meet 240
362	362	current code requirements, or demonstrate that the system will 241
363	363	adequately serve the use to be placed upon it by the current or 242
364	364	any subsequent owner. 243
365	365	(c) Shall provide uniform disciplinary procedures and 244
366	366	penalties for qualified contractors who do not comply with the 245
367	367	requirements of department rules, including, but not limited to, 246
368	368	failure to provide the inspection report as required in this 247
369	369	subsection to the onsite sewage treatment and disposal system 248
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378	378	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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382	382	owner and the county health department. 249
383	383	(4) An onsite sewage treatment and disposal system owner 250
384	384	is responsible for paying the cost o f the inspection and any 251
385	385	required pumpout pursuant to department rule and may not request 252
386	386	partial inspections or the omission of portions of the 253
387	387	inspection. 254
388	388	Section 3. This act shall take effect July 1, 2023. 255