http://stream.publicbroadcasting.net/production/mp3/wfsu/local-wfsu-931172.mp3
Tallahassee, FL – Two Panhandle lawmakers say after the November election they will begin work to repeal a law requiring septic tank inspections every five years. James Call reports the state Department of Health is gearing up to begin enforcement of the new law in January over the protests of rural residents.
Opponents say requiring each and every septic tank in the state to be inspected every five years is impractical. They suggest science does not support such a mandate. Marianna Rep. Marti Coley wants to repeal the requirement because she said only 10 percent of tanks are known to be leaking and that a blanket policy covering all 2.6 million septic tanks in a state as diverse as Florida may not make sense.
"You have some homes that may have one person or two people, and to have it inspected without cause every five years seems overly intrusive from government," she said.
The Department of Health has held workshops in four regions of the state on the new requirements.
"Good morning, my name is Ed Winns."
About 25 north Florida residents attended one in Tallahassee.
"The last session of the Legislature, the Legislature passed Senate Bill 550, it is a very large bill that affects several agencies including the Department of Health."
Citizens patiently waited for Winns to finish his presentation before launching into wide-ranging criticism of the bill. Senate Bill 550 is intended to protect fresh water. It requires tank inspections, bans release of solid and liquid residuals and expands the definition of water supplies. Critics say it is so far-reaching it would require some septic tanks to be replaced. Washington County resident Kenneth Fitch was in Tallahassee to tell officials that inspections will cost at least $500 -- a bill many of his neighbors can't afford to pay.
"They simply don't have the money to do it," Fitch said. "They are going to have to decide between septic tank, health care and groceries. And it is just impractical to expect them to do that."
Opponents say another impractically is that there are not enough licensed tank inspectors in Florida. And in sparsely populated counties, there may be just one septic tank company to do the inspection and repairs. Richard Harrison has been gathering petitions opposing the inspection requirement in Jackson County. He believes the law lacks common sense.
"Fourteen county commissions that I know of have passed resolutions against the law. And most of them have asked for its repeal," Harrison said. "These are 500 signatures I've collected from people close to my area to repeal the law. There's another man in Jackson County that has collected 500 recently. And there are people in Calhoun County who are collecting petitions for this."
Rep. Coley and state Sen. Don Gaetz say the inspection requirement was inserted into the spring's protection bill late in the session and question whether it was thoroughly vetted. Chris Doolin is with the Small Counties Association and is trying to persuade policy makers to delay implementation until lawmakers have a chance to take a second look.
"Now you can say my intention is to delay until we have another session of the Legislature, but I'm not concerned with that at this point. I'm concerned with the public understanding with what the Department of Health is going to do when they start getting notifications, and I don't believe you guys are ready."
Coley agrees and she says she will begin the repeal process during the legislature's November reorganization session.
"So if we can at least get a delay so that no one is affected in January and work through the issues and repeal it during regular session."
Until there is legislative action, the Department of Health's Gerald Briggs says officials' hands are tied. They must set up procedures to begin inspecting every septic tank in the state starting in January.
"It's very clear the language even says rule-making is not an option. It is an obligation for the agency to implement the law as passed by the Legislature."
Supporters of the new law say its requirements will cost less than possible federal regulations that could come if the state does not show a commitment to protecting clean water. They say after every septic tank has been pumped, Floridians will be healthier overall because water bodies where people fish and swim will have less bacteria from septic systems.