Report for 04/04/2011
SB1698 Moves through Senate Committees.
There are bills that call for outright repeal of the septic
inspection provisions of SB550 that was passed last year.
HB13, SB168 are all outright repeal, and are moving through
various committee hearings.
There is one bill, SB1698 that repeals those same provisions,
but inserts new language that outlines a prescription for conducting
inspections so homeowners statewide have some protections against
arbitrary standards that vary from county to county.
Since SB1698 is more involved, we will take some time to
explain the major provisions.
1.
Permits to own and operate a septic
system transfer with title to new owner.
2.
No new performance standard can be
imposed on an existing system.
3.
Counties participating in the
inspection program are subject to the protections, inspection
processes, and standards spelled out in the bill.
4.
No point of sale inspections
5.
No soil tests for separation from
water table, and soil separation is not a condition that can be used
to determine failure.
6.
Evaluations signed by certified
contractor, not the pumper/operator
7.
No repair, modification or
replacement unless a failure is identified, and specific conditions
must be cited such as discharge onto ground, or into surface water,
or failure of plumbing to discharge, resulting in a sanitary
nuisance
8.
County’s recommendation to repair
must be no more than the least costly option, homeowner chooses
option and provider.
9.
Drainfield failure is narrowly
defined as effluent on the ground surface.
10.
Counties with First Magnitude Springs
must participate in the inspection process. (See chart of affected
springs). Other counties
can opt-out of the inspection process, but those that do participate
must follow the inspection guidelines.
Sludge Report Editorial
Opinion:
The push for conducting periodic inspections has been
constant. Making sure
systems are functioning as they should is not a bad goal, as it
protects people’s health and our surroundings.
Unfortunately, that push came to shove with inappropriate and
unjustifiable Dept. of Health rule-making that violated legislative
intent, stepped on homeowner property rights, and threatened the
financial well-being of so many in our state.
The cost of the DOH inspection rules was staggering.
35 counties signed resolutions protesting the inspections
and/or the DOH rules.
Add to that the countless homeowners who made their voices heard.
A lot of what’s in SB1698 inspection language
is a direct result of the rules fiasco.
Protecting homeowner rights and establishing a prescription
for conducting inspections has commendable benefits.
Rule-making is tossed out, and should be.
The language is intended to make sure that as counties assume
the responsibilities for inspections, the homeowner in Tampa is
subject to the same standard and afforded the same protections as
the homeowner in Melbourne.
Our sources within the septic industry say
there is language in the bill that probably should be changed, as it
may lead to misinterpretation by contractors and bureaucracies.
They maintain this unnecessary language complicates a simple
inspection of function and will add to the inspection and/or repair
cost.
In the meantime, amendments to SB1698 are
flying around fast and furious, making it difficult for anyone,
including the legislators to keep up. Hard to tell where this will
all end up. Worth
repeating….repealing the
inspection provisions of SB550 and the rules DOH developed after it
was passed last year is the most important goal.
If inspections are mandated, homeowner protections and a
standardized, simple, and cost-effective process is needed. Will
SB1698 be it? It’s hard
to tell at this point.
We’ll try to keep you informed.
In the meantime, some of the committee hearings are
live-streamed. Go to
www.flsenate.gov . Type in the
bill number to track committee hearings, amendments, etc.
Links to bills and who is
sponsoring them is provided below.
It’s interesting that DOH has a written
justification that is part of SB1698.
In it, the Department says “99% of all septic systems are not
managed.” Really? Our
question is, managed by whom – the Department? Since the Department
has never kept records on the permits they have approved for
replacement drainfields, and no one but the contractor has records
for periodic pumping, how would they know that 99% are not managed?
However, statements like that are enough to get legislators
all in a fluff about mandating inspections - especially, if they
don’t ask the right questions.
It’s actually a pretty insulting statement for
DOH to make. It’s been
our experience that homeowners are a fairly responsible group
-responsible enough that when a system fails, it gets fixed pronto
by the homeowner, without any prompting by the Department.
Amazingly, some of us have even been known to call a contractor and
arrange a periodic pump out on our own!
Former Orange County Mayor
Crotty says he pumps his tank every two years!
Yes, homeowners manage it themselves, as the majority –
somewhere in the neighborhood of 99% - did not just recently emerge
from caves, and don’t like the idea of tromping through sewage in
the yard, or toilets that do not flush, or damaging the enviornment.
CS/HB 239 & SB 1090/SB1490
- Numeric
Nutrient Water Quality Criteria - by
Representative
Trudi
Williams.
Senators Charlie Dean and Greg Evers are sponsoring
Senate bills addressing the same subject. This proposed legislation
protects property owners by prohibiting the implementation of
certain federal numeric nutrient water quality criteria rules by
DEP, water management districts, & other governmental entities. The
bills also clarify the authority of water management districts &
other governmental entities with respect to pollution control. House
co-sponsors include
Representatives
Jason Brodeur, Rachel Burgin, Matt Caldwell, Paige Kreegel, Greg
Steube and Charles Van
Zant.
http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=45116&
_ HB
13/SB 130 - Onsite Sewer Disposal &
Treatment Systems - This legislation is sponsored
Representatives Marti Coley, Brad Drake, Clay Ford
and
Senator
Charlie Dean. This bill eliminates provisions
directing DOH to create and administer statewide septic tank
evaluation program and fees which has been the source of controversy
across the state. House co-sponsors include
Representatives Janet Adkins, Larry Ahern, Ben Albritton, Dennis
Baxley, Jeff Brandes, Doug Broxson, Richard Corcoran, Steve
Crisafulli, Matt Gaetz, Tom Goodson, Matt Hudson, Clay Ingram, Larry
Metz, Scott Plakon, Elizabeth Porter, Jimmie Smith, Greg Steube
and John Tobia. Senate co-sponsors include
Don Gaetz
and Joe Negron.
Similar bills include
HB 167 by
Coley,
SB 82 by
Lynn,
SB 168 by
Evers,
SB 1698 by
Dean. (SEE ALSO SJ 18).
http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_s0130__.DOCX&DocumentType=Bill&BillNumber=0130&Session=2011