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Evers, Coley Will Resume Fight to Sink Septic Tank Inspections

Panama City News Herald - August 13, 2011

MARIANNA — Northwest Florida representatives Doug Broxson and Marti Coley have signed on as co-sponsors to a bill aimed at dismantling a law requiring state inspections of septic tanks.

It is the same bill Coley championed last year in the state House and Sen. Greg Evers supported in the Senate.

Coley, R-Marianna, had more success. Her repeal measure passed by a 110-3 vote. She said she believes she can muster similar support in 2012.

“I anticipate the same support we had last year,” she said.

On the Senate side, the bill to repeal the law died in the Committee on Environmental Preservation and Conservation, chaired by state Sen. Charlie Dean of Inverness. Dean wasn’t willing to go along with a complete repeal.

“I’m trying to work now with my Senate counterparts to see where we can go,” Coley said.

Senate Bill 550 was passed in 2010 with a requirement that every septic tank in the state — 2.7 million of them — be inspected every five years.

Local legislators were able to delay implementation of the regulations during a special session later last year, but lost their fight for repeal during this year’s regular session.

According to supporters of the legislation, inspections are needed to prevent malfunctioning septic tanks from leaking harmful nitrates into the state’s waterways.

Local lawmakers call the inspections overreaching. They contend it’s irrational to insist every septic tank be inspected when only an estimated 10 percent of them have problems.

Coley said many people in rural communities can’t afford to replace their septic tanks.

 Tea party groups joined the call to repeal the inspections.

Henry Kelley, president of the Fort Walton Beach Tea Party, said septic tank inspections should be a county mandate, not a state mandate.

“They’re trying to apply Tallahassee’s standards across the state,” Kelley said. “If you have a septic tank problem in your county, your county should deal with it.”

Evers said his version of the repeal bill is written and waiting to be filed in the Senate. It doesn’t leave room for compromise.

Evers said the complete repeal of SB 550 must occur before provisions Dean or others have been insistent on — like a requirement that inspections be done in counties with “first-magnitude” springs — can be negotiated.

“We’ve got to have a full repeal before we go to compromise,” said Evers, R-Baker. “Nothing short of a full repeal will work.”

There are 33 first-magnitude springs in Florida. More than 64 million gallons of water flow through them each day.

Evers has two first-magnitude springs in his district and Coley has one in hers.

Neither of the legislators would offer support for a compromise.

“You’d still have to add language allowing the individual counties to opt in or opt out,” Evers said.

Coley said her constituents in Jackson County and Bay County support her call for repeal.

“Everybody wants to protect the springs,” she said. “Everybody here feels there’s a way to do it other than to have every homeowner in the county have a mandated inspection every five years.

“I certainly hope we can find a different solution.”

Copyright © 2011 Freedom Communications