2.4 Require periodic inspection and maintenance of septic systems and develop incentive programs to facilitate compliance

Key Message: Once a septic system is approved in Florida, ongoing inspection or maintenance is not required. Because septic systems can deteriorate over time, legislation that requires periodic inspection and maintenance is essential to ensure they function properly to protect public health and the environment.

Importance

FDEP implements Florida Statutes and regulations applicable to septic systems, while the Sarasota County Health Department manages permitting and inspection. In Sarasota County, once a septic system is approved, there is no requirement for ongoing inspection or maintenance. However, septic systems can deteriorate over time due to improper use, lack of maintenance, or damage from clogging, compaction, or tree roots. Changes in groundwater levels due to hydrology or sea-level rise can impair drainfield treatment by eliminating the aerobic treatment layer. Over time, indigestible solids and scum accumulate in the tank and may cause backups or clog the drainfield.

Pumping tanks every three to five years is a cost-effective way to extend system life and reduce pollution. Regular inspection and maintenance is essential to protect public health and the environment. FDOH records show that, on average, only about 400 (1.1%) septic systems in Sarasota County are repaired annually.

In contrast, Charlotte County requires tanks to be pumped every five years by a licensed contractor or plumber, who must also inspect the system and make necessary repairs.

Overview

In 2010, Florida passed a law requiring septic systems to be pumped and inspected every five years, but it was repealed in 2012 before implementation. A similar bill introduced in 2019 also failed. It would have required:

• Inspection by a qualified contractor every five years;
• Program administration by FDOH;
• A phased implementation over 10 years prioritizing BMAP areas;
• Disclosure of septic systems at property sale;
• An accurate statewide septic inventory.

Opposition came from the real estate sector, non-coastal property owners, and concerns about costs for low- and moderate-income residents. Pumping every five years costs about $500, while central sewer service fees cost about $5,400 over the same period.

Shortly after the bill failed, the Governor’s Blue-Green Algae Task Force recommended developing a statewide septic inspection and monitoring program (BGATF 2019).

The 2016 Florida Springs and Aquifer Protection Act offers incentives and stricter requirements in areas with known groundwater connectivity to Outstanding Florida Springs. While Sarasota County has no such springs, the Blue-Green Algae Task Force recommends expanding these protections to other vulnerable areas, such as Sarasota Bay, an Outstanding Florida Water.

The 2020 Clean Waterways Act transferred septic system oversight from FDOH to FDEP. It mandates new rules for system placement, fast-tracked permitting for advanced systems in impaired basins, and the creation of a technical advisory committee.

Although Sarasota County Code provides design, permitting, and installation criteria, it lacks ongoing operation and maintenance requirements. The County’s Water Pollution Control Code allows enforcement against leaking tanks but only when a leak is noticed and reported. In 2024, only 1,840 of more than 40,000 septic systems in the county were inspected by Sarasota County.

Approach

Legislation should be reintroduced to mandate periodic septic inspections and maintenance. A task force could review and improve HB 85 (2019) to better prevent nutrient pollution. Key considerations include:

• Expanding inspections to identify both underperforming and failing systems;
• Defining “underperforming” and “failing” based on bacteria and nutrient levels;
• Reassessing whether 10 years is too long for implementation;
• Expanding priority areas to include watersheds of Outstanding Florida Waters.

To build public support:

• Engage organizations like Florida Onsite Wastewater Association and local environmental NGOs;
• Task lobbyists to promote the bill;
• Launch public education campaigns emphasizing:
  • Impacts of septic pollution on health, environment, economy, and property values;
  • Personal responsibility and cost comparisons between septic maintenance and central sewer systems;
  • Financial impacts of polluted water on community appeal and real estate.

Additionally:

• Develop incentive programs for low-income property owners in priority areas;
• Focus on regions already required to use Enhanced Nutrient Reduction OSTDS (see Activity 2.2);
• Conduct a basic economic analysis to evaluate job creation and potential for reduced costs through increased service demand.

If statewide action is not feasible, Sarasota County could establish a local inspection and maintenance program targeting impaired watersheds. The county could model this after Charlotte County’s code and initially implement it in areas required to use ENR-OSTDS, such as South Venice and parts of University Parkway.

Resources

• Florida House Bill HB 85 (2019, as amended) and Florida Senate Bill SB 214 (2019)
• Florida House Bill HB 1263 (2012) and Florida Senate Bill SB 214 (2012)
• Charlotte County Code of Laws and Ordinances, section 3-8-256(g)(1)(2)

Status

No activity

Performance Measure

Adoption, implementation, and enforcement of regulations for mandatory inspection and maintenance of septic systems, especially those near priority or impaired water bodies

Experts or Leads

Political advocacy: Sierra Club, Suncoast Waterkeeper, Surfrider
Potential Task Force members: Dr. Gurpal Toor, Dr. Mary Lusk, Dr. Brian Lapointe
Outreach and Education: Science and Environment Council, UF/IFAS Extension Sarasota County, Sarasota County Stormwater Environmental Utility, Sarasota Bay Estuary Program, FDEP, FDOH
Florida Legislators

Cost Estimate

$10,000 – $50,000 Task Force and report
$50,000-$100,000 Outreach and Education in Sarasota County
$100,000-$1,000,000 Outreach and Education Statewide

Related Activities

Chapter 2.1, Chapter 2.2, Chapter 2.5