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Florida department to discuss proposed septic system rule

Proposed DOH septic tank rule

The following standards shall apply in the Wekiva Study Area as defined in 369.316, F.S.
(a) In areas not scheduled, by an adopted local wastewater facility plan, to be served by a central sewer system by July 1, 2012, performance based treatment systems with a total nitrogen discharge limit of 10 milligrams per liter at the outlet of the treatment receptacle shall be required for new systems, modifications, and repairs. No increase in the authorized sewage flow allowances of 381.0065(4)(a), (b), and (g) shall allowed for use of these systems.
(b) In areas not scheduled, by an adopted local wastewater facility plan, to be served by a central sewer system by July 1, 2012, prior to completion of any real estate transaction for property with an onsite sewage treatment and disposal system that does not meet the above referenced standard, the seller must apply for and receive a construction permit to upgrade the system to a performance based treatment system with a total nitrogen discharge limit of 10 milligrams per liter at the outlet of the treatment receptacle. The system must be installed and receive final approval from the department within 18 months of the issue date of the permit.
(c) Land application of septage shall not be allowed.



ORLANDO, Fla. – Feb. 16, 2009 – A move by the Florida Department of Health (DOH) to limit nitrogen seepage through septic systems could force some homeowners to install new and expensive septic systems. However questions remain, and one component worries Realtors: It calls for a septic inspection at the time of a home sale.

The DOH plans to present rule language for the Wekiva Study Area (WSA) to the Technical Review and Advisory Panel (TRAP) on Feb. 19 at the Orlando Airport Marriott. While the rule applies to the Wekiva area, it’s considered a possible blueprint for expansion statewide.

The Florida Legislature appropriated $1 million in 2007 for the DOH to begin a multi-year study on cost-effective nitrogen-reduction systems. However, the DOH has stepped up the timeframe to reduce nitrogen around Central Florida’s Wekiva River area based on an earlier law, the 2004 Wekiva Parkway and Protection Act. The DOH believes it must, by law, create rule language for nitrogen seepage as soon as possible around the Wekiva.

Septic tanks are a key component of the DOH plan. Passive systems currently used would be replaced by performance-based treatment systems that require electricity to operate, and the cost for a new system is projected by DOH to run from $3,000 to $10,000. The DOH plan would allow an exemption for any community being attached to a public sewer by 2012.

The upgraded septic system would apply to all new home construction and any system being modified or repaired. Importantly though, the DOH also wants septic tanks to be inspected for nitrogen levels as part of any home sale, which in many cases will trigger a mandatory replacement. The rule does not state who pays for a mandatory septic tank upgrade, making it part of the property contract negotiations. If necessary, DOH will give the new owner 18 months to complete the change, though a permit must be pulled prior to closing. In addition to adding an expected cost to some transactions, the rule could change the value of homes in the eyes of buyers, making listings on a public sewer line preferable to homes with septic tanks.

In January 2008, the Florida Association of Realtors® Board of Directors voted to support the continued use and installation of properly functioning standard conventional septic systems. It also moved to get the association more involved by appropriating money for a study that specifically looks for ways to reduce nitrogen using current systems, or in some other way that is cost efficient. The Board also voted to oppose any efforts to speed up state mandates for the higher-cost systems.
 
For more information, visit the DOH Web site at: http://www.myfloridaeh.com/

Realtors are encouraged to make comments at the TRAP meeting on Feb. 19. The meeting begins at 9 a.m. at:
Orlando Airport Marriott,
7499 Augusta National Drive
Orlando, Fla.

To submit comments, send to:
Bureau of Onsite Sewage Programs
4052 Bald Cypress Way, Bin A08
Tallahassee, FL 32399-1713. 
Questions, comments or suggestions on this article? Have a news tip? Send a letter to the editor to: Newseditor@floridarealtors.org.