*** ACTION ALERT ***
STOP NEW SEPTIC TANK RULES


Dear Friend,

We all understand the value of the Wekiva River to our community, appreciate its beauty and believe that it should be protected whenever possible. However, the Florida Department of Health is currently considering new rules which would require homeowners to spend up to $20,000 to replace septic tanks regardless of their financial ability to do so. Such a requirement may further depress home values and create financial hardship for Florida homeowners in an already depressed economy.

Please join me on Tuesday, May 26th for a Town Hall Meeting from 7:00pm-8:00pm at the Sweetwater Country Club at 2700 Sweetwater Country Club Drive, Apopka, FL 32712 to discuss this issue and what we, as a community, can do about it to see that our property rights are protected and respected.

Sincerely,

State Representative Scott Plakon


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BACKGROUND
During the 2004 Legislative Session, the Wekiva Parkway and Protection act (WPPA) directed the Department of Health to “Study the efficacy and applicability of onsite disposal system standards needed to achieve nitrogen reduction protective of groundwater quality within the Wekiva Study Area” and to “initiate rulemaking to achieve nitrogen reductions protective of water quality by March 2005”.

In September of 2005, per statute requirement, the proposed rule was presented to the Onsite Sewage Variance Committee for review and comment to the Technical Review and Advisory Panel (TRAP). There was significant opposition to the rule based on the cost of the new septic systems and the need for additional field studies.

In the 2006 Legislative Session, an appropriation of $250,000 was made to conduct Wekiva specific research including field sampling, categorization and quantification of nitrogen loading from onsite systems, assessment of the nitrogen contribution of onsite systems relative to other sources. This study was to be coordinated with the Florida Department of Environmental Protection which was also allocated $250,000 to evaluate all sources of nitrogen pollution in the Wekiva study area.

In June 2007, the Department completed the study and issued a report on “Nitrogen Impact of Onsite Sewage Treatment and Disposal Systems in the Wekiva Study Area.” Because the FDEP had only completed Phases 1 of a multi-phase study, there was continued debate over what percent of the nitrogen load should be attributed to onsite systems. Nevertheless, the Department of Health recommended the use of the performance based treatment systems for all new systems, upgrade of existing systems to new standards, and implementation of a management program.

On March 6, 2009, The Department of Health has filed a Notice of Development of Rulemaking in the Florida Administrative Weekly, Volume 35, Number 9, regarding onsite sewage treatment and disposal systems in the Wekiva Study Area. To view the notice you can Click Here and it can be found on page 1060 of that publication.



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CALL TO ACTION

During the 2009 Legislative Session as a member of the Natural Resources Appropriations Conference Committee, Representative Plakon was able to work with Representative Nelson, Senator Baker and other members of the legislature to insert proviso language into the budget that would prevent the Department of Health from implementing the rules that they published on March 6th of this year. The proviso language requires that the Department complete their studies before moving ahead with any rulemaking regarding septic tanks.

Click below for a copy of the proposed rule and a map outlining the affected area as well as the proviso language located in SB 2600- The 2009 General Appropriations Act and SB2602- The General Appropriations Act Implementing Bill:

http://www.scottplakon.com/documents/ProposedDOHRule.pdf
http://www.scottplakon.com/documents/StudyAreaMap.pdf
http://www.scottplakon.com/documents/SB2600Proviso.pdf
http://www.scottplakon.com/documents/SB2602Proviso.pdf

Line item 471 in the 2009-10 fiscal budget and Section 37 of the Budget Implementing Bill is critical to the completion of the research of conventional on-site wastewater treatment systems funded by the Florida Legislature and is being threatened by special interests! This language will prevent the Department of Health from implementing any rules regarding installation of new performance based septic systems until all relevant studies have concluded.

If you aren't able to come to the Town Hall Meeting on May 26th from 7:00pm-8:00pm at the Sweetwater Country Club at 2700 Sweetwater Country Club Drive, Apopka, FL 32712, then please email Governor Crist at Charlie.Crist@myflorida.com and encourage him to support Line Item 471 in the General Appropriations Act and Section 37 of the Budget Implementing Bill. We cannot stand aside and permit fringe special interests to be the only voices heard on this critical issue!