SB 856 — Private Provider Inspections of Onsite Sewage Treatment and Disposal Systems

Florida Senate - 2022 CS for CS for SB 856 By the CommitteesCommittee on Appropriations;Environment and Natural Resources;

and EnvironmentSenator Brodeur 592-01305-22 2022856c1 A bill to be entitled An act relating to private provider inspections of onsite sewage treatment and Naturaldisposal Resources;systems;

and Senators Brodeur and Rodrigues 576-03377-22 2022856c2 A bill to be entitled An act relating to private provider inspections of onsite sewage treatment and disposal systems;

prohibiting the Department of Environmental Protection from charging certain inspection and permit fees;

authorizing the Departmentdepartment of Environmental Protection to audit the performance of a specified percentage of such inspections;

providing audit conditionsconditions; and construction;

requiringamending thes. department to submit a report to the Legislature reviewing the use of private providers to perform onsite sewage treatment and disposal system inspections by a specified date;

providing381.00651, reportF.S.; requirements;

requiringrevising the departmentlist toof adoptproviders rulesauthorized and to initiateperform rulemakingonsite bysewage atreatment specifiedand date;disposal system evaluations;

providing for applicability;

regulation.— (8) PRIVATE PROVIDER INSPECTIONS.— (a) Notwithstanding any other law, ordinance, or policy, the owner of an onsite sewage treatment and disposal system or a contractor upon the owner’s written authorization may hire a private provider to perform an inspection of the onsite sewage treatment and disposal system and pay the private provider Page 1 of 56 CODING:

Florida Senate - 2022 CS for CS for SB 856 576-03377-22592-01305-22 2022856c22022856c1 contractordirectly uponif the owner’sinspection writtenis authorizationthe maysubject hireof a privatewritten providercontract tobetween performthe anprivate inspectionprovider thator followsthe applicableprivate regulatoryprovider’s requirementsfirm ofand the onsiteowner sewageor treatmentthe andauthorized disposalcontractor. system.

(b) AnThe department may not charge an inspection offee for an onsite sewage treatment and disposal system requiredinspection underperformed this section may not be conducted by thea private provider orunder authorizedwritten representativecontract ofwith thean privateowner provideror thatauthorized installedcontractor thein onsiteaccordance sewagewith treatmentthis section and disposaldepartment system.rules.

(c) AOnsite privatesewage providertreatment orand andisposal authorizedsystem representativeinspections ofmay only be performed by a private provider mayor performan onsiteauthorized sewagerepresentative treatmentof anda disposalprivate systemprovider inspectionswho ifis: they are:

A professional engineer licensed under chapter 471 and havehas passed all parts of the Onsite Sewage Treatment and Disposal System Accelerated Certification Training;

Working under the supervision of a licensed professional engineer and havehas passed all parts of the Onsite Sewage Treatment and Disposal System Accelerated Certification Training.

Page1. 2 of 5 CODING:

For each private provider or authorized representative performing the inspection:

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Florida Senate - 2022 CS for CS for SB 856 576-03377-22592-01305-22 2022856c22022856c1 1.a.

For each private provider or authorized representative performing the inspection:

a.

I UNDERSTAND THAT THE DEPARTMENT OF ENVIRONMENTAL PROTECTION MAY NOT PERFORM THE REQUIRED ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEM INSPECTION TO DETERMINE COMPLIANCE WITH THE APPLICABLE CODES, EXCEPT TO THE EXTENT AUTHORIZED BY LAW.

ADDITIONALLY,If Ian UNDERSTANDowner THATor INauthorized THEcontractor EVENTmakes THEany ONSITEchanges SEWAGEto TREATMENTthe ANDlisted DISPOSALprivate SYSTEMprovider DOESor NOTthe COMPLYservice WITHto APPLICABLEbe RULESperformed ANDby LAW,the Iprivate WILLprovider, BEthe RESPONSIBLEowner FORor REMEDIATINGthe THEauthorized SYSTEMcontractor INmust ACCORDANCEupdate WITHthe notice to reflect the change within 1 business day Page 3 of 56 CODING:

Florida Senate - 2022 CS for CS for SB 856 576-03377-22592-01305-22 2022856c22022856c1 EXISTINGafter LAW.the change.

90 If an owner or authorized contractor makes any changes to the listed private provider or the service to be performed by the private provider, the owner or the authorized contractor must update the notice to reflect the change within 1 business day after the change.

(e) The department may audit up to 25 percent of private providers each year to ensure the accurate performance of an onsite sewage treatment and disposal system inspections.inspection by a private provider.

WorkHowever, onthe ansame onsiteprivate sewageprovider treatmentmay andnot disposalbe systemaudited maymore proceedthan afterfour inspectiontimes andin approval by a privatemonth providerunless if the ownerdepartment ordetermines authorizedthat contractoran hasonsite givensewage noticetreatment of the inspection pursuant to paragraph (d) and, subsequent to such inspection and approval,disposal suchsystem workinspected may not be delayed for completion of an inspection audit by the departmentprivate unlessprovider deficienciesshould arenot foundhave inpassed theinspection. audit.

(f)Work Thison subsectiona doesbuilding, nota preventstructure, or an onsite sewage treatment and disposal system may proceed after inspection and approval by a private provider if the departmentowner fromor investigatingauthorized complaints.contractor has given notice of the inspection pursuant to paragraph (d) and, subsequent to such inspection and approval, such work may not be delayed for completion of an inspection audit by the department.

(g)Section By2. October 1, 2023, the department shall submit a report to the President of the Senate and the Speaker of the House of Representatives reviewing the use of private providers to perform onsite sewage treatment and disposal system inspections as authorized by this subsection.

TheParagraph report(b) mustof include,subsection at(6) aand minimum,subsection the(8) number of suchsection inspections381.00651, performedFlorida byStatutes, privateare providers.amended to read:

Page381.00651 4Periodic evaluation and assessment of 5onsite CODING:sewage treatment and disposal systems.— (6) The requirements for an onsite sewage treatment and disposal system evaluation and assessment program are as follows:

(b) Qualified contractors.—Each evaluation required under this subsection must be performed by a qualified contractor, who may be a private provider or an authorized representative of a private provider as described in s.

381.0065(8)(c) a septic tank contractor or master septic tank contractor registered under part III of chapter 489, a professional engineer having Page 4 of 6 CODING:

Florida Senate - 2022 CS for CS for SB 856 576-03377-22592-01305-22 2022856c22022856c1 (h)wastewater Thetreatment departmentsystem shallexperience adoptand ruleslicensed tounder implementchapter 471, or an environmental health professional certified under this subsectionchapter andin mustthe initiatearea suchof rulemakingonsite bysewage Augusttreatment 31,and 2022.disposal system evaluation.

SectionEvaluations 2.and pump-outs may also be performed by an authorized employee working under the supervision of an individual listed in this paragraph;

Thishowever, actall shallevaluation takeforms effectmust Julybe 1,signed 2022.by a qualified contractor in writing or by electronic signature.

Page(8) 5The county health department, in coordination with the department, shall administer any evaluation program on behalf of 5a CODING:county, or a municipality within the county, that has adopted an evaluation program pursuant to this section.

In order to administer the evaluation program, the county or municipality, in consultation with the county health department, may develop a reasonable fee schedule to be used solely to pay for the costs of administering the evaluation program.

Such a fee schedule shall be identified in the ordinance that adopts the evaluation program.