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Dear Friend,
As
we conclude week 3 of the 2012 Legislative Session, I'd like to take a
moment to provide an update on the septic tank issue that we have
been working on for the last several years. While the Department of
Health study is still in progress, there is proposed legislation
that you should be aware of. We would like to thank Chairman Chris
Dorworth for filing House Bill 999, “Onsite
Sewage Treatment and Disposal Systems”, which passed the
Economic Affairs Committee January 19th with a vote of 15 to
1. House Bill 999 repeals the unpopular septic tank legislation
that passed in 2010 (Senate Bill 550) which required Florida residents
to have, and pay for a Department of Health septic system evaluation
every five years. If House Bill 999 becomes law, it will remove
the Department of Health’s septic system evaluation program and its
burdensome requirements. House Bill 999 has received
overwhelming support from many stakeholders including
environmental organizations such as Audubon of Florida. We would
also like to thank Andrea Samson of the Sludge Report and the
Tri-County Association H.E.L.P. for their support of this legislation.
The septic
system evaluation plan became unpopular after its implementation proved
to be costly and cumbersome for Florida residents, many of whom are
struggling in this tough economy. House Bill 999 addresses the
intent of the original legislation by dictating the parameters for
local governments that choose to evaluate the septic systems within
their jurisdiction, but does not allow local governments to adopt
stricter ordinances than the State allows. Local governments
cannot require residents to have a performance-based system.
Additionally, jurisdictions with a first magnitude springs are
automatically opted in a septic system evaluation program. A
first magnitude spring is a spring that discharges, on average, 100
cubic feet of water a second. Manatee and Gopher Tortoise are
examples of first magnitude springs. Wekiwa Springs is a second
magnitude spring, and therefore local jurisdictions have the option to
opt into a septic tank evaluation program. The map below indicates
where the First Magnitude Springs are in Florida.
The
bill states that local governments that choose to conduct these
evaluations cannot require replacement, repair, or modification of the
system if there is no failure. A failure is defined as when the
septic system is leaking wastewater into the ground surface or surface
water. There will be no requirement for septic systems to be
up-to-date with the most current septic tank standards, but
rather only up to the standards that were applicable at time
of construction or replacement. Local governments can only elect
to conduct these evaluations every five years and are limited in the
amount of fees that can be charged to $15 to $30, down from $30 to
$150.
These
provisions will make it financially easier for constituents, as
replacement and repairs on a septic tank system can incur
significant costs, while still addressing the issue of septic tank
system regulation in the State of Florida. House Bill 999 has two
more committees to pass through before reaching the floor of the House,
the Appropriations Committee and the State Affairs Committee.
This is where your input and your advocacy becomes vital for the rights
of homeowners not only in the Wekiva River Basin, but all over the
state.
If you have further questions about this or any other state agency or
issue, you can contact me at (407) 884-2023 or in Tallahassee at (850) 488-2023. As
always, it is an honor to serve you.
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