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
Labels: Business, Florida, Florida Panhandle, Insurance;, Real Estate
I live in the Wekiva Study Area (WSA) and have been following this assinine issue for five years. I've attended as many meetings as I can to keep myself informed on this issue and have, likewise, tried to keep my neighbors up to date.
Would I be correct in assuming that a seller disclosure would HAVE to reveal that their home is located in the WSA? This area covers parts of Lake, Seminole and Orange County. Their are 55,000+ homes in the WSA on septic. These are 55,000 homes that are being blacklisted by the state without ANY evidence of the nitrogen concentration the state says is in the Wekiva River/Spring. Trust me, I've seen ALL the data.
My home is located just 3 BLOCKS in the WSA boundary. If this becomes law, then that means my home cannot compete with a home just three blocks away in terms of price, considering this upgrade would be mandatory before a sale. In fact, a friend of mine down by Lake Gertrude would have to upgrade her system, while a home right across the street would not because the WSA boundary cuts right down the middle of the street. Folks, this is already law in Wakulla County and something, I fear, will be implemented statewide if it is not stopped right now.
There are, sorry to say, mobile homes a couple of miles away that would NEVER be able to sell, as, let's face it, this $14,000+ septic system would in some cases be about equal to the value of the mobile home. NO bank is going to lend anyone money for this, whether in good or bad economic times.
This is not a capital investment in your home...it is an UNFUNDED government mandate based on weak science. The problem is that almost all local officials (city councils, county commissions and even city managers) are TOTALLY unaware and uninformed about this issue. They are using the data and "propaganda" provided by the DOH as their foundation. (Even you used the monetary figures from the DOH for your blog...by the DOH's own estimates gathered from two companies who install these systems, the cost(s) start at $14,000..ask them to send you that data.) Wrong they are. Delve into this issue, as I have, and you'll see this is nothing more than an appeasement for environmentalists who stuck this into a road building bill (Wekiva Parkway and Protection Act) because they knew there was no way it would stand on its own outside of the shadow of this bill. My septic tank has NOTHING to do with the building of a road.
I thank you for bringing this to homeowner's attention and hope you keep it on the forefront of discussions. I've written to the Governor, Lt. Governor, Department of Health, my state senator among others. Thank you for your time.
Happy to have been able to assist you and other affected / concerned citizens with this information. Just recently, I saw where this new provison was NOT recommended for adoption. Even so, RECOMMENDATIONS to the govt by Advisory groups are just that .... recommendations!
As for the disclosure requirement, I would ASSUME you are correct. After all, that's what happened with the sink-hole and mold issues. Once they became law, they were added to the seller's disclosure reqmnt prior to a sale.
I wish you the best and will continue to watch for the "final" vote.
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