HomeMy WebLinkAboutItem #10 Resolution Supporting Repeal of Portions of Senate Bill 550 Relating to Septic Tank and Septic Tank Service Mandates in Certain Areas of the State of FloridaShe Center of Good Lr�
0
AGENDA ITEM COVER SHEET
Meeting Date: November 16, 2010
Item # /
Reviewed By.
Contact Name: Beth Eikenberry Department Directo
Contact Number: X1022 City Manager:
Subject: Resolution in Support of Repealing Portions of Senate Bill 550 Relating to Septic Tanks
Service Man dates in Certain Areas of the State of Florida.
Background Summary:
Senate Bill 550 became effective on June 4, 2010, which law directs the Florida Department of Health to create and
administer a state -wide five -year cycle septic tank evaluation program. Ocoee residents with septic tanks could be
forced to have their septic tanks inspected and periodically pumped out at a minimum of every five years with all
costs of such inspections and pump -outs borne by the property owner. Additionally, the Bill calls for the
replacement of entire septic tank systems, including drain fields, if the systems do not meet an established state-
wide standard, regardless of whether it is functioning satisfactorily or not, and whether or not it poses a threat the
public health or safety.
Issue:
Should the City Commission adopt the resolution supporting the repeal or modification of Senate Bill 550?
Recommendations
Staff recommends the Mayor and Commission adopt the resolution supporting the repeal or modification of
Senate Bill 550?
Attachments:
Adopted Resolution from Orange County
Proposed City of Ocoee Resolution
Financial Impact:
None
Type of Item (please mark with an 'Y')
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Cleric's Dent Use:
Consent Agenda
Public Hearing
Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by ( ) N/A
APPROVED
BY ORANGE COUNTY BOARD
OE COUNTY COMINSS10NERS
U6T 19 2010 Nf l e5
on
HUE 22 0 TLUTNIUJI N - 11 1
of the
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
regarding
SUPPORTING REPEAL OF PORTIONS OF SENATE BILL 550
RELATING TO SEPTIC TANKS AND SEPTIC TANK SERVICE
MANDATES IN CERTAIN AREAS OF THE STATE OF
FLORIDA
Resolution No. 2010 -M -78
WHEREAS, Senate Bill 550 became effective on June 4, 2010, which law directs the
Florida Department of Health to create and administer a state -wide five -year cycle septic tank
evaluation program; and
WHEREAS, as part of the septic tank evaluation program, citizens with on -site sewage
disposal systems (hereafter "Septic Tanks "), regardless of location, will be forced to have their
septic tanks inspected and periodically pumped out at a minimum of every five years with all
costs of such inspections and pump -outs being the responsibility of the septic tank owner; and
WHEREAS, portions of Senate Bill 550 also calls for the replacement of entire septic
tank systems, including drain fields if these septic tank systems and drain fields do not meet an
established state -wide standard, regardless of whether the Septic Tanks in question function
satisfactorily or not, and whether or not said septic tanks and drain fields pose a threat to the
public health or safety; and
WHEREAS, the inspections and pump -outs of new or existing Septic Tanks or the
replacement of septic tank systems would cost septic tank owners significant amounts of amount
on an annual or periodic basis; and
WHEREAS, a significant number of private residents in Orange County utilize Septic
Tanks; and
WHEREAS, the Florida Legislature has the means to reconsider the implementation of
the septic tank provisions of Senate Bill 550; and
WHEREAS, it is the desire of this Board to support repeal of significant parts of Senate
Bill 550, specifically including the universal mandate of septic tank inspections and pump -outs
and replacement of septic tank fields when no threat to the public health, safety and welfare is
evident.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
ORANGE COUNTY:
Section 1. The Board supports and endorses efforts in the Florida Legislature, prior to
implementation of the septic tank mandates of Senate Bill 550, to:
(a) Delay or repeal implementation of the mandates relating to Septic Tanks
contained in Senate Bill 550;
(b) Place Senate Bill 550 on the agenda of the appropriate legislative committees and
for floor action to repeal in whole or in part portions of Senate Bill 5.50 that
compels Florida citizens to have their septic tank systems inspected and pumped
out or reconstructed.
Section 2. This Board supports repeal or modification of Senate Bill 550 in the
regular 2011 legislative session.
Section 3. This Resolution shall take effect upon the date of its adoption.
ADOPTED this day of OCT 1 2010 , 2010.
ORANGE COUNTY, FLORIDA
By: Board of County Commissioners
By: /� �`jvn_•
� R� hard T. Crotty
Orange County Mayor
ATTEST: Martha O. Haynie, County Comb
As Clerk of the DoNA of County ,Rvmiss
e
By:
uty Clerk
SARGuthrieUtesolutions\Senate Bill 550 Septic Tar
PFIM
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
SUPPORTING THE REPEAL OF PORTIONS OF SENATE
BILL 550 RELATING TO SEPTIC TANKS AND SEPTIC
TANK SERVICE MANDATES IN CERTAIN AREAS OF THE
STATE OF FLORIDA; AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, Senate Bill 550 became effective on June 4, 2010, which law directs the Florida
Department of Health to create and administer a state -wide five -year cycle septic
tank evaluation program; and
WHEREAS, as part of the septic tank evaluation program, citizens with on -site sewage
disposal systems (hereafter "Septic Tanks "), regardless of location, will be forced
to have their septic tanks inspected and periodically pumped out at a minimum of
every five years with all costs of such inspections and pump -outs being the
responsibility of the septic tank owner; and
WHEREAS, portions of Senate Bill 550 also calls for the replacement of entire septic tank
systems, including drain fields if these septic tank systems and drain fields do not
meet an established state -wide standard, regardless of whether the Septic Tanks in
question function satisfactorily or not, and whether or not said septic tanks and
drain fields pose a threat to the public health or safety; and
WHEREAS, the inspections and pump -outs of new or existing Septic Tanks or the replacement
of septic tank systems would cost septic tank owners significant amounts of
money on an annual or periodic basis; and
WHEREAS, a significant number of private residents in the City of Ocoee utilize Septic Tanks;
and
WHEREAS, the Florida Legislature has the means to reconsider the implementation of the
septic tank provisions of Senate Bill 550; and
WHEREAS, it is the desire of the City Commission to support repeal of significant parts of
Senate Bill 550, specifically including the universal mandate of septic tank
inspections and pump -outs and replacement of septic tank fields when no threat to
the public health, safety and welfare is evident.
NOW THEREFORE, BE IT RESOLVED by the City Commission of the City of Ocoee,
Florida that:
Section 1. The City Commission of the City of Ocoee supports and endorses efforts in
the Florida Legislature, prior to implementation of the septic tank mandates of Senate Bill 550,
to:
(a) Delay or repeal implementation of the mandates relating to Septic Tanks contained in
Senate Bill 550;
(b) Place Senate Bill 550 on the agenda of the appropriate legislative committees and for
floor action to repeal in whole or in part portions of Senate Bill 550 that compels Florida
citizens to have their septic tank systems inspected and pumped out or reconstructed.
Section 2. This Commission supports repeal or modification of Senate Bill 550 in the
regular 2011 legislative session.
Section 3. Effective Date. This Resolution shall become effective upon its adoption.
PASSED AND ADOPTED by the City Commission of the City of Ocoee, Florida this 16th day
of November, 2010.
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY
APPROVED BY THE OCOEE
COMMISSION ON THE ABOVE DATE
UNDER AGENDA ITEM NO.
BY THECITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this day of , 2010.
FOLEY & LARDNER LLP
By:
City Attorney