Private Provider Inspections of OSTDS

Starting July 1, 2022, owners or contractors with owner authorization have the option to hire a private provider to perform inspections of onsite sewage treatment and disposal systems (OSTDS).

Rulemaking Update

The Florida Department of Environmental Protection (DEP) is in the rule development process as directed by Chapter 2022-105, Laws of Florida. More details on rule development are found at the Division of Water Resource Management Rules in Development page.

• Public workshop scheduled for Dec. 6, 2022 at 1 pm. Register for the workshop.
• Notice of Public Workshop/Hearing for Rules 62-6.002, .003, .027 and .030, F.A.C., was published on Nov. 22, 2022. Draft Rule for discussion.
• Notice of Rule Development for Rules 62-6.001 and .024, F.A.C., was published on Nov. 18, 2022. Draft Rule for discussion.
• DRAFT DEP 4015A
• DRAFT DEP 4016 page 2
• DRAFT DEP 4016 page 3
• Public comments from July 19, 2022 public workshop.

Guidance

Initial guidance will include the draft rule language, interim notification form, interim inspection form and answers to some frequently asked questions.

• Interim Guidance for Private Provider Inspections - Memo, June 28, 2022.
• Interim Authorization Form (Draft DEP4015A) - OSTDS owners can use this form to notify the CHD that they choose to authorize certain private provider inspectors to perform inspections.
• Interim Inspection Form (DRAFT DEP4016 page 2) - Modification of existing OSTDS inspection form enabling private provider inspectors to record inspection details.
• Interim Draft Rule Language - Draft rule language for the Notice of Rule Development.

Authorized Private Provider Inspectors

A private provider or an authorized representative of a private provider may perform onsite sewage treatment and disposal system inspections if they are:

• An environmental health professional certified under section 381.0101, Florida Statutes (F.S.);
• A master septic tank contractor registered under part III of Chapter 489, F.S.;
• A professional engineer licensed under Chapter 471, F.S., and have passed all parts of the Onsite Sewage Treatment and Disposal System Accelerated Certification Training; or
• An employee working under the supervision of a licensed professional engineer that has passed all parts of the Onsite Sewage Treatment and Disposal System Accelerated Certification Training.

History

Private Provider Inspections legislation in Senate Bill 856 passed the Florida Legislature, was signed by Governor DeSantis on May 12, 2022 as Chapter 2022-105, Laws of Florida and is effective July 1, 2022. Amendments to the rule define authority for private provider inspectors to inspect an OSTDS when qualified as a private provider and upon written authorization by the owner of the system.

How to Get Involved

Sign up to receive rulemaking updates on 62-6, Florida Administrative Code.

Send questions and ideas to OSTDS_Feedback@FloridaDEP.gov.