Report for October 3, 2010
THUMBS DOWN ON DEPT. OF
HEALTH RULE GOVERNING INSPECTIONS.
Inspections are not the problem. The Dept. of Health rule governing inspections is the problem. The DOH rule is not about fixing broken septic systems. As the rule is written, it could cost unsuspecting homeowners thousands of dollars to fix something that isn’t broken.
Why Thumbs Up on
Inspections?
Septic Inspections will identify septic systems that are not working
and pose a threat to public health.
It’s relatively simple, and cost effective, to identify a
system that has failed and needs repair.
For years and years, the Dept. of Health (DOH) standard for
identifying a failure has been
(1) exposed sewage or effluent on the site,
(2) leaking or deformed tank or lid,
(3) back up of sewage into the home.
Absolutely correct, and steps should be taken to fix the
problem. Periodic pump
out of a system every five to seven years should be considered
normal maintenance and will prolong the life of a properly
constructed system as well as insure its ability to treat waste to
minimize or eliminate potential groundwater contamination.
Reasonable action, reasonable cost, reasonable results.
Why Thumbs Down on
Dept. of Health Rule?
The DOH has written the
rule in a way that a functioning drainfield that passes the three
standards mentioned above
will still have to be dug up and replaced.
And, it’s very clever how
they have done this.
1.
Their first pass at writing the new
rule for SB550 inspections, they attempted to re-write the failure
standard. It said a
“repair” permit is required if the bottom of the drainfield does not
meet the minimum separation from the wettest season water table as
required in s.381.0065(5)(d)”.
Realizing this would not pass the sniff test for legality,
they issued a second version.
2.
The second version said the
system evaluation must include soil testing and high water table
separation measurements.
With this information in hand, the Dept. of Health rule
changed. It now says,
not a “repair” permit, but a “MODIFICATION” permit is required if
the system does not meet separation standards.
In other words, the DOH can and will demand that a homeowner
dig up and replace a fully functioning drainfield so it conforms to
the separation code as stated in SB550.
There was nothing in SB550 that says the evaluation must
include testing for high water table separation.
The intent of SB550 was to make sure a system that needed
repair was brought up to current separation code.
It was not to force a
replacement of a fully functioning, legally permitted drainfield
based on new separation codes.
Separation testing does not need to be part of the original
evaluation. It should be
done AFTER the system is judged as failing so that the repair brings
it up to code.
3.
DOH says in their memos to many
homeowners that this is an “opportunity to significantly reduce
groundwater contamination.” Mr. Briggs says that mandate is already
“in the statutes.” Not
really. Our sources tell
us the original concern about “groundwater contamination” referred
to in the statute was insure the homeowner’s well was not located
too close to a drainfield.
The 75 ft. distance from the drainfield required by DOH is a
horizontal measurement, not a vertical measurement.
It seems Mr. Briggs and his staff have taken it upon
themselves to re-write the statute definition as well as re-write
the intent of SB550.
4.
There is currently no money to help
poverty-level homeowners with the costs.
DOH will raise money by inspecting the most recently
installed, already permitted systems, simply because those are the
ones they have records for.
These are the systems most likely to be functioning, not in
need of “repair” but may need to be “modified,” which also increases
fees paid to DOH. Septic
contractors will have to attend classes to be certified to perform
the soil and separation test mandated by the rule.
More income for DOH.
Of course, contractors will be passing along to homeowners
the business costs incurred as well as the cost of their time to
perform the separation tests, as any good businessman would do.
We see where this will raise money for assisting the grant
program. We see where
this will increase the costs to homeowners.
But we fail to see where this schedule for implementation
will identify the estimated ten percent of 2.5 million septic
systems that are actually a threat to water resources - unless DOH
did not do their job in the first place.
5.
DOH says this rule helps EPA
understand that Florida is serious about reducing groundwater
contamination. What they
have set in motion with this rule is a scenario that forces
homeowners to dig up a drainfield to meet separation codes before we
know what EPA or Florida Dept. of Environmental Protection may
mandate to reduce nutrients.
Will the homeowner have to dig it up twice, once for
separation and again to reduce nutrients?
What about the nitrogen
reduction study that is funded and underway for conventional/passive
septic system alternatives?
Once again, DOH has it backwards, and we have to wonder why
it’s so hard for them to get it right, or get it in the right order.
6.
SB550
language for septic inspections will be modified or repealed, and
the rule overturned. As
pointed out by the Technical Review Advisory Panel (TRAP) on 9/23,
since changes will be made, it makes sense to postpone
implementation of the inspection program until June 2011.
We have been informed
a bill has already been introduced by Sen. Evelyn Lynn (Dist.7) to
repeal the inspection provision of SB550.
We will confirm that, but we also know there will be more
bills introduced by other legislators as soon as elections are over.
Gov. Crist has recently stated he wants DOH to
implement the inspection program in the
“least burdensome” manner
possible. The least
burdensome manner possible is to eliminate the groundwater
separation testing from the system evaluation.
The
cost of a pump out and simple visual inspection - $350-$400. The
cost of inspection, pump out and separation testing - $600 or more.
Uncoupling the separation
testing from the evaluation will save the homeowners of Florida
millions in unnecessary evaluation costs.
This will also save each
homeowner the cost of replacing a drainfield that is, by “repair
standards,” fully functioning. Average drainfield replacement
cost per homeowner - $4,000-$6,000. That doesn’t include the
landscaping repair.
If
anything requires modification or repair, it’s the DOH Bureau of
On-Site Sewage. They
admitted to TRAP in July the mandates in the proposed rule may
trigger legal challenges.
They don’t seem to care.
Just like last year, they are refusing to respond to the fact
that they totally missed the intent of the legislature.
Deliberate or not, they are twisting words and meanings.
No one gave them permission to create legislative intent or
re-write the law and make it retroactive.
They continually behave in a manner that is totally
disrespectful to our legislators and abusive to the residents of our
state. We have to
question why.
PLAN TO ATTEND DOH PUBLIC
MEETINGS
During the month of October, four public
meetings will be held by the Dept. of Health, Bureau of On-Site
Sewage. This is required by
statute when rules are going to be adopted and published in the
statutes.
PLAN TO ATTEND!
Meetings will be held in Ft. Myers, DeFuniak Springs, Ft.
Lauderdale, and in Tallahassee.
Click on “Calendar” for details.
Go, and find out why we must continually police their
actions, why our legislators are up in arms, and why the
recommendations of TRAP members, who volunteer their expertise and
countless hours of un-paid time, are being ignored.
WHY?