Title: Onsite Sewage Treatment and Disposal System Inspections

Summary: Requires owners of certain onsite sewage treatment & disposal systems to have periodic inspections & pay specified costs; directs DEP to administer inspection program; provides for implementation schedule, qualified contractors, exemptions, assessment & inspection procedures, fees, notices, disciplinary actions, & penalties; prohibits partial inspection & omission of inspection portions.

Full Text:
An act relating to onsite sewage treatment and disposal system inspections; repealing s. 381.00651, F.S., relating to the periodic evaluation and assessment of onsite sewage treatment and disposal systems; creating s. 381.00653, F.S.; requiring owners of certain onsite sewage treatment and disposal systems to have periodic inspections of such systems beginning on a specified date; requiring the Department of Envi ronmental Protection to administer an onsite sewage treatment and disposal system periodic inspection program; providing for scheduled implementation, qualified contractors, system repairs, exemptions, and inspection and assessment procedures; defining the terms "repair" and "system failure"; authorizing the department to develop a fee schedule by rule; requiring the department to provide certain disciplinary procedures, penalties, and inspection notices; requiring system owners to pay the costs of the requ ired inspections and pumpouts; prohibiting system owners from requesting a partial inspection or the omission of a portion of the inspection; providing an effective date. Be It Enacted by the Legislature of the State of Florida: HB 1425 2023 Section 1. Section 381.00651, Florida Statutes, is repealed. Section 2. Section 381.00653, Florida Statutes, is created to read: 381.00653 Periodic inspections of onsite sewage treatment and disposal systems.-(1) Effective July 1, 2025, the owner of an onsite sewa ge treatment and disposal system that is more than years old must have the system inspected at least once every years to assess the fundamental operational condition of the system, prolonging the life of the system, and identifying any failure or underperformance within the system. (2) The department shall administer an onsite sewage treatment and disposal system periodic inspection program. The program must include the following requirements: (a) Schedule.-1. A county-by-county implementation pl an must be phased in over a-year period with priority given to those areas within a basin management action plan identified by the department. 2. An inspection of each onsite sewage treatment and disposal system must take place once every years to a ssess the fundamental operational condition of the system and to identify system failures. HB 1425 2023 (b) Qualified contractors. 1. Each inspection required under this section must be performed by a qualified contractor or by an authorized employee working under the supervision of a qualified contractor. A qualified contractor is: a. A septic tank contractor or master septic tank contractor who is registered under part III of chapter 489; b. A professional engineer who has wastewater treatment system experience and is licensed under chapter 471; or c. An environmental health professional who is certified under this chapter in the area of onsite sewage treatment and disposal system inspection. 2. Inspections and pumpouts may be performed by an authorized employee working under the supervision of a qualified contractor. 3. All inspection forms must be signed by a qualified contractor in writing or by electronic signature. (c) Repair of systems.-For purposes of this subsection: 1. "Repair" means any replacement of or modification or addition to a failing onsite sewage treatment and disposal system which is necessary to allow the system to function in accordance with its design or is necessary to eliminate a public health or pollution hazard, inclu ding the use of any treatment method that is intended to improve the functioning of any part HB 1425 2023 of the system or to prolong or sustain the length of time the system functions. Repair does not include: a. The service or replacement of mechanical or electrica lparts of an approved system with like kind and quality parts; b. Any minor structural corrections to a tank or distribution box; c. The use of an authorized additive in indoor building plumbing by the onsite sewage treatment and disposal system owner; d. The removal of the contents of any tank or the installation of an approved outlet filter device without disturbing the drainfield; e. The replacement of any broken tank lid; or f. The splicing of a drip emitter line if the emitter is not elimina ted. 2. "System failure" means a condition existing within an onsite sewage treatment and disposal system which results in the discharge of untreated or partially treated wastewater onto the ground surface or into surface water or that results in the failure of building plumbing to discharge properly and presents a sanitary nuisance. a. A system is not in failure if the system does not have a minimum separation distance between the drainfield and the wettest season water table or if an obstruction in a sanitary line or an effluent screen or filter prevents effluent from HB 1425 2023 flowing into a drainfield. b. If a system failure is identified and several allowable remedial measures are available to resolve the failure, the onsite sewage treatment and disposal sy stem owner may choose the least costly allowable remedial measure to repair the system. There may be instances in which a pumpout is sufficient to resolve a system failure. Allowable remedial measures to resolve a system failure are limited to what is nece ssary to resolve the failure and must meet, to the maximum extent practicable, the requirements of the repair code in effect when the repair is made, subject to the exceptions specified in s. 381.0065(4)(g). c. An engineer-designed performance-based trea tment system to reduce nutrients may not be required as an alternative remediation measure to resolve the failure of a conventional system. (d) Exemptions.-An onsite sewage treatment and disposal system is exempt from the requirements of this section if: 1. The system is required to obtain an operating permit pursuant to state law or is inspected by the department pursuant to the annual permit inspection requirements of chapter 513; 2. A connection to a sewer system is available, connection is imminen t, and written arrangements for payment of any utility assessments or connection fees have been made by the onsite sewage treatment and disposal system owner; HB 1425 2023 3. The system is located in an area that has a water quality restoration plan that identifies the system for inclusion in a septic-to-sewer project or conversion of the system to an advanced nutrient removal system within years; or 4. The system serves a residential dwelling unit on a lot with one bedroom or less per acre. (e) Tank inspection.-The tank inspection must assess the apparent structural condition and watertightness of the tank and estimate the size of the tank. 1. The inspection must include a pumpout. A pumpout is not required if there is documentation that: a. Indicates a tan kpumpout or a permitted new installation, repair, or modification of the system has occurred within the previous years; b. Identifies the capacity of the tank; and c. Indicates the condition of the tank is structurally sound and watertight. 2. Visual inspection of the tank must be made when the tank is empty to detect cracks, leaks, or other defects. The tank must be refilled before concluding the inspection if, in the opinion of the qualified contractor, the tank is in danger of being damaged by leaving the tank empty after the inspection. 3. Baffles or tees must be checked to ensure that they are intact and secure. 4. The inspection must note: HB 1425 2023 a. The presence and condition of outlet devices, effluent filters, and compartment walls; b. Any structural defect in the tank; c. The condition and fit of the tank lid, including manholes; d. Whether surface water can infiltrate the tank; and e. Whether the tank was pumped out. 5. The replacement of a broken or damaged lid or manhole does not require a repair permit. (f) Drainfield inspection.-The drainfield inspection must include a determination of the approximate size and location of the drainfield. The inspection must state whether there is any sewage or effluent visible on the ground or discharging to a ditch or other water body and the location of any downspout or other source of water near or in the vicinity of the drainfield. (g) Special circumstances.-1. If the onsite sewage treatment and disposal system contains pumps, siphons, or alarms, the following information may be provided at the request of the system owner: a. An assessment of dosing tank integrity, including the approximate volume and the type of material used in the tank's construction; b. Whether the pump is eleva ted off the bottom of the chamber and its operational status; c. Whether the system has a check valve and purge hole; HB 1425 2023 and d. Whether the system has a high-water alarm, and if so whether the alarm is audio or visual or both, the location and operational condition of the alarm, and whether the electrical connections to the alarm appear satisfactory. 2. If the onsite sewage treatment and disposal system owner does not request the information in subparagraph 1., the qualified contractor or any employee of the qualified contractor is not liable for any damages directly resulting from a failure of the system's pumps, siphons, or alarms. This exclusion of liability must be stated on the front cover of the report required under paragraph (h). (h) Assessment procedure.-1. All inspection procedures used by a qualified contractor must be documented in the department's environmental health database. 2. The qualified contractor shall provide a copy of a written, signed inspection report to the onsite sewage treatment and disposal system owner upon completion of the inspection and to the county health department within days after the inspection. The report must contain the name and license number of the contractor providing the report. The local county healt hdepartment must maintain a copy of the inspection report for at least years and until a subsequent inspection report is filed. 3. The front cover of the report must: HB 1425 2023 a. Identify any system failure; b. Include a clear and conspicuous notice that the onsite sewage treatment and disposal system owner has the right to have any remediation of a system failure performed by a qualified contractor other than the contractor performing the inspection; and c. Include a clear and conspicuous statement of th eexclusion of liability under paragraph (g). 4. The report must identify any: a. Crack, leak, improper fit, or other defect in the tank, manhole, or lid, and any other damaged or missing component; b. Sewage or effluent visible on the ground or disc harging to a ditch or other surface water body; c. Downspout, stormwater, or other source of water directed onto or toward the system; and d. Maintenance need or condition of the system at the time of the inspection which, in the opinion of the qualifi ed contractor, would possibly interfere with or restrict any future repair or modification to the existing system. 5. The report must conclude with an overall assessment of the fundamental operational condition of the system. (3) In administering the inspection program, the department: (a) May develop a reasonable fee schedule to be used solely to pay for the costs of administering the inspection HB 1425 2023 program. The fee schedule must be identified in the rule that adopts the inspection program. When arrivin gat a reasonable fee schedule, the estimated annual revenues to be derived from fees may not exceed reasonable estimated annual costs of the program. Fees must be assessed to the onsite sewage treatment and disposal system owner during an inspection and separately identified on the invoice of the qualified contractor. Fees must be remitted by the qualified contractor to the department. (b) Shall provide notice to the onsite sewage treatment and disposal system owner at least days before the system is due for an inspection. The notice must include information on the proper maintenance of onsite sewage treatment and disposal systems and a provision stating that the purpose of the inspection is to assess the fundamental operational condition of the system,prolong the life of the system, and identify any failure within the system, and not to determine code compliance, require a complete upgrade or overhaul of the system to meet current code requirements, or demonstrate that the system will adequately serve the use to be placed upon it by the current or any subsequent owner. (c) Shall provide uniform disciplinary procedures and penalties for qualified contractors who do not comply with the requirements of department rules, including, but not limited to, failure to provide the inspection report as required in this subsection to the onsite sewage treatment and disposal system HB 1425 2023 owner and the county health department. (4) An onsite sewage treatment and disposal system owner is responsible for paying the cost of the inspection and any required pumpout pursuant to department rule and may not request partial inspections or the omission of portions of the inspection. Section 3. This act shall take effect July 1, 2023.