Florida Senate - 2014 SB 1306
By Senator Altman
16-01222-14 20141306__
1 A bill to be entitled
2 An act relating to onsite sewage treatment and
3 disposal systems; amending s. 381.0065, F.S.;
4 providing legislative intent; defining the term
5 “combined system”; requiring the Department of Health
6 to establish and collect fees for combined systems;
7 requiring the department to approve the installation
8 of a combined system under certain circumstances;
9 requiring a person to obtain a permit approved by the
10 department before constructing, repairing, modifying,
11 abandoning, or operating a combined system; providing
12 conditions for issuance of permits relating to such
13 systems; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 381.0065, Florida Statutes, is amended
18 to read:
19 381.0065 Onsite sewage treatment and disposal systems;
20 regulation.—
21 (1) LEGISLATIVE INTENT.—
22 (a) It is the intent of the Legislature that proper
23 management of onsite sewage treatment and disposal systems is
24 paramount to the health, safety, and welfare of the public.
25 (b) It is the intent of the Legislature that where a
26 publicly owned or investor-owned sewerage system is not
27 available, the department shall issue permits for the
28 construction, installation, modification, abandonment, or repair
29 of onsite sewage treatment and disposal systems under conditions
30 as described in this section and rules adopted under this
31 section. It is further the intent of the Legislature that the
32 installation and use of onsite sewage treatment and disposal
33 systems not adversely affect the public health or significantly
34 degrade the groundwater or surface water.
35 (c) It is the intent of the Legislature that where a
36 publicly owned or investor-owned sewerage system is available,
37 the department shall issue permits for the construction of a
38 combined system when connection to the publicly owned or
39 investor-owned sewerage system results in the use of any part of
40 an onsite sewage treatment and disposal system.
41 (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
42 term:
43 (a) “Available,” as applied to a publicly owned or
44 investor-owned sewerage system, means that the publicly owned or
45 investor-owned sewerage system is capable of being connected to
46 the plumbing of an establishment or residence, is not under a
47 Department of Environmental Protection moratorium, and has
48 adequate permitted capacity to accept the sewage to be generated
49 by the establishment or residence; and:
50 1. For a residential subdivision lot, a single-family
51 residence, or an establishment, any of which has an estimated
52 sewage flow of 1,000 gallons per day or less, a gravity sewer
53 line to maintain gravity flow from the property’s drain to the
54 sewer line, or a low pressure or vacuum sewage collection line
55 in those areas approved for low pressure or vacuum sewage
56 collection, exists in a public easement or right-of-way that
57 abuts the property line of the lot, residence, or establishment.
58 2. For an establishment with an estimated sewage flow
59 exceeding 1,000 gallons per day, a sewer line, force main, or
60 lift station exists in a public easement or right-of-way that
61 abuts the property of the establishment or is within 50 feet of
62 the property line of the establishment as accessed via existing
63 rights-of-way or easements.
64 3. For proposed residential subdivisions with more than 50
65 lots, for proposed commercial subdivisions with more than 5
66 lots, and for areas zoned or used for an industrial or
67 manufacturing purpose or its equivalent, a sewerage system
68 exists within one-fourth mile of the development as measured and
69 accessed via existing easements or rights-of-way.
70 4. For repairs or modifications within areas zoned or used
71 for an industrial or manufacturing purpose or its equivalent, a
72 sewerage system exists within 500 feet of an establishment’s or
73 residence’s sewer stub-out as measured and accessed via existing
74 rights-of-way or easements.
75 (b)1. “Bedroom” means a room that can be used for sleeping
76 and that:
77 a. For site-built dwellings, has a minimum of 70 square
78 feet of conditioned space;
79 b. For manufactured homes, is constructed according to the
80 standards of the United States Department of Housing and Urban
81 Development and has a minimum of 50 square feet of floor area;
82 c. Is located along an exterior wall;
83 d. Has a closet and a door or an entrance where a door
84 could be reasonably installed; and
85 e. Has an emergency means of escape and rescue opening to
86 the outside in accordance with the Florida Building Code.
87 2. A room may not be considered a bedroom if it is used to
88 access another room except a bathroom or closet.
89 3. “Bedroom” does not include a hallway, bathroom, kitchen,
90 living room, family room, dining room, den, breakfast nook,
91 pantry, laundry room, sunroom, recreation room, media/video
92 room, or exercise room.
93 (c) “Blackwater” means that part of domestic sewage carried
94 off by toilets, urinals, and kitchen drains.
95 (d) “Combined system” means a system that includes any part
96 of an onsite sewage and disposal system that is also connected
97 to a publicly owned or investor-owned sewerage system regulated
98 under chapter 403.
99 (e)(d) “Domestic sewage” means human body waste and
100 wastewater, including bath and toilet waste, residential laundry
101 waste, residential kitchen waste, and other similar waste from
102 appurtenances at a residence or establishment.
103 (f)(e) “Graywater” means that part of domestic sewage that
104 is not blackwater, including waste from the bath, lavatory,
105 laundry, and sink, except kitchen sink waste.
106 (g)(f) “Florida Keys” means those islands of the state
107 located within the boundaries of Monroe County.
108 (h)(g) “Injection well” means an open vertical hole at
109 least 90 feet in depth, cased and grouted to at least 60 feet in
110 depth which is used to dispose of effluent from an onsite sewage
111 treatment and disposal system.
112 (i)(h) “Innovative system” means an onsite sewage treatment
113 and disposal system that, in whole or in part, employs
114 materials, devices, or techniques that are novel or unique and
115 that have not been successfully field-tested under sound
116 scientific and engineering principles under climatic and soil
117 conditions found in this state.
118 (j)(i) “Lot” means a parcel or tract of land described by
119 reference to recorded plats or by metes and bounds, or the least
120 fractional part of subdivided lands having limited fixed
121 boundaries or an assigned number, letter, or any other legal
122 description by which it can be identified.
123 (k)(j) “Mean annual flood line” means the elevation
124 determined by calculating the arithmetic mean of the elevations
125 of the highest yearly flood stage or discharge for the period of
126 record, to include at least the most recent 10-year period. If
127 at least 10 years of data is not available, the mean annual
128 flood line shall be as determined based upon the data available
129 and field verification conducted by a certified professional
130 surveyor and mapper with experience in the determination of
131 flood water elevation lines or, at the option of the applicant,
132 by department personnel. Field verification of the mean annual
133 flood line shall be performed using a combination of those
134 indicators listed in subparagraphs 1.-7. that are present on the
135 site, and that reflect flooding that recurs on an annual basis.
136 In those situations where any one or more of these indicators
137 reflect a rare or aberrant event, such indicator or indicators
138 may shall not be used utilized in determining the mean annual
139 flood line. The indicators that may be considered are:
140 1. Water stains on the ground surface, trees, and other
141 fixed objects;
142 2. Hydric adventitious roots;
143 3. Drift lines;
144 4. Rafted debris;
145 5. Aquatic mosses and liverworts;
146 6. Moss collars; and
147 7. Lichen lines.
148 (l)(k) “Onsite sewage treatment and disposal system” means
149 a system that contains a standard subsurface, filled, or mound
150 drainfield system; an aerobic treatment unit; a graywater system
151 tank; a laundry wastewater system tank; a septic tank; a grease
152 interceptor; a pump tank; a solids or effluent pump; a
153 waterless, incinerating, or organic waste-composting toilet; or
154 a sanitary pit privy that is installed or proposed to be
155 installed beyond the building sewer on land of the owner or on
156 other land to which the owner has the legal right to install a
157 system. The term includes any item placed within, or intended to
158 be used as a part of or in conjunction with, the system. This
159 term does not include package sewage treatment facilities and
160 other treatment works regulated under chapter 403.
161 (m)(l) “Permanent nontidal surface water body” means a
162 perennial stream, a perennial river, an intermittent stream, a
163 perennial lake, a submerged marsh or swamp, a submerged wooded
164 marsh or swamp, a spring, or a seep, as identified on the most
165 recent quadrangle map, 7.5 minute series (topographic), produced
166 by the United States Geological Survey, or products derived from
167 that series. “Permanent nontidal surface water body” shall also
168 mean an artificial surface water body that does not have an
169 impermeable bottom and side and that is designed to hold, or
170 does hold, visible standing water for at least 180 days of the
171 year. However, a nontidal surface water body that is drained,
172 either naturally or artificially, where the intent or the result
173 is that such drainage be temporary, shall be considered a
174 permanent nontidal surface water body. A nontidal surface water
175 body that is drained of all visible surface water, where the
176 lawful intent or the result of such drainage is that such
177 drainage will be permanent, may shall not be considered a
178 permanent nontidal surface water body. The boundary of a
179 permanent nontidal surface water body shall be the mean annual
180 flood line.
181 (n)(m) “Potable water line” means any water line that is
182 connected to a potable water supply source, but the term does
183 not include an irrigation line with any of the following types
184 of backflow devices:
185 1. For irrigation systems into which chemicals are not
186 injected, any atmospheric or pressure vacuum breaker or double
187 check valve or any detector check assembly.
188 2. For irrigation systems into which chemicals such as
189 fertilizers, pesticides, or herbicides are injected, any reduced
190 pressure backflow preventer.
191 (o)(n) “Septage” means a mixture of sludge, fatty
192 materials, human feces, and wastewater removed during the
193 pumping of an onsite sewage treatment and disposal system.
194 (p)(o) “Subdivision” means, for residential use, any tract
195 or plot of land divided into two or more lots or parcels of
196 which at least one is 1 acre or less in size for sale, lease, or
197 rent. A subdivision for commercial or industrial use is any
198 tract or plot of land divided into two or more lots or parcels
199 of which at least one is 5 acres or less in size and which is
200 for sale, lease, or rent. A subdivision shall be deemed to be
201 proposed until such time as an application is submitted to the
202 local government for subdivision approval or, in those areas
203 where no local government subdivision approval is required,
204 until such time as a plat of the subdivision is recorded.
205 (q)(p) “Tidally influenced surface water body” means a body
206 of water that is subject to the ebb and flow of the tides and
207 has as its boundary a mean high-water line as defined by s.
208 177.27(15).
209 (r)(q) “Toxic or hazardous chemical” means a substance that
210 poses a serious danger to human health or the environment.
211 (3) DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.—The
212 department shall:
213 (a) Adopt rules to administer ss. 381.0065-381.0067,
214 including definitions that are consistent with the definitions
215 in this section, decreases to setback requirements where no
216 health hazard exists, increases for the lot-flow allowance for
217 performance-based systems, requirements for separation from
218 water table elevation during the wettest season, requirements
219 for the design and construction of any component part of an
220 onsite sewage treatment and disposal system, application and
221 permit requirements for persons who maintain an onsite sewage
222 treatment and disposal system, requirements for maintenance and
223 service agreements for aerobic treatment units and performance
224 based treatment systems, and recommended standards, including
225 disclosure requirements, for voluntary system inspections to be
226 performed by individuals who are authorized by law to perform
227 such inspections and who shall inform a person having ownership,
228 control, or use of an onsite sewage treatment and disposal
229 system of the inspection standards and of that person’s
230 authority to request an inspection based on all or part of the
231 standards.
232 (b) Perform application reviews and site evaluations, issue
233 permits, and conduct inspections and complaint investigations
234 associated with the construction, installation, maintenance,
235 modification, abandonment, operation, use, or repair of an
236 onsite sewage treatment and disposal system for a residence or
237 establishment with an estimated domestic sewage flow of 10,000
238 gallons or less per day, or an estimated commercial sewage flow
239 of 5,000 gallons or less per day, which is not currently
240 regulated under chapter 403.
241 (c) Develop a comprehensive program to ensure that onsite
242 sewage treatment and disposal systems regulated by the
243 department are sized, designed, constructed, installed,
244 repaired, modified, abandoned, used, operated, and maintained in
245 compliance with this section and rules adopted under this
246 section to prevent groundwater contamination and surface water
247 contamination and to preserve the public health. The department
248 is the final administrative interpretive authority regarding
249 rule interpretation. In the event of a conflict regarding rule
250 interpretation, the State Surgeon General, or his or her
251 designee, shall timely assign a staff person to resolve the
252 dispute.
253 (d) Grant variances in hardship cases under the conditions
254 prescribed in this section and rules adopted under this section.
255 (e) Permit the use of a limited number of innovative
256 systems for a specific period of time, when there is compelling
257 evidence that the system will function properly and reliably to
258 meet the requirements of this section and rules adopted under
259 this section.
260 (f) Issue annual operating permits under this section.
261 (g) Establish and collect fees as established under s.
262 381.0066 for services provided with respect to onsite sewage
263 treatment and disposal systems and combined systems.
264 (h) Conduct enforcement activities, including imposing
265 fines, issuing citations, suspensions, revocations, injunctions,
266 and emergency orders for violations of this section, part I of
267 chapter 386, or part III of chapter 489 or for a violation of
268 any rule adopted under this section, part I of chapter 386, or
269 part III of chapter 489.
270 (i) Provide or conduct education and training of department
271 personnel, service providers, and the public regarding onsite
272 sewage treatment and disposal systems.
273 (j) Supervise research on, demonstration of, and training
274 on the performance, environmental impact, and public health
275 impact of onsite sewage treatment and disposal systems within
276 this state. Research fees collected under s. 381.0066(2)(k) must
277 be used to develop and fund hands-on training centers designed
278 to provide practical information about onsite sewage treatment
279 and disposal systems to septic tank contractors, master septic
280 tank contractors, contractors, inspectors, engineers, and the
281 public and must also be used to fund research projects which
282 focus on improvements of onsite sewage treatment and disposal
283 systems, including use of performance-based standards and
284 reduction of environmental impact. Research projects shall be
285 initially approved by the technical review and advisory panel
286 and shall be applicable to and reflect the soil conditions
287 specific to Florida. Such projects shall be awarded through
288 competitive negotiation, using the procedures provided in s.
289 287.055, to public or private entities that have experience in
290 onsite sewage treatment and disposal systems in Florida and that
291 are principally located in Florida. Research projects may shall
292 not be awarded to firms or entities that employ or are
293 associated with persons who serve on either the technical review
294 and advisory panel or the research review and advisory
295 committee.
296 (k) Approve the installation of individual graywater
297 disposal systems in which blackwater is treated by a central
298 sewerage system.
299 (l) Regulate and permit the sanitation, handling,
300 treatment, storage, reuse, and disposal of byproducts from any
301 system regulated under this chapter and not regulated by the
302 Department of Environmental Protection.
303 (m) Permit and inspect portable or temporary toilet
304 services and holding tanks. The department shall review
305 applications, perform site evaluations, and issue permits for
306 the temporary use of holding tanks, privies, portable toilet
307 services, or any other toilet facility that is intended for use
308 on a permanent or nonpermanent basis, including facilities
309 placed on construction sites when workers are present. The
310 department may specify standards for the construction,
311 maintenance, use, and operation of any such facility for
312 temporary use.
313 (n) Regulate and permit maintenance entities for
314 performance-based treatment systems and aerobic treatment unit
315 systems. To ensure systems are maintained and operated according
316 to manufacturer’s specifications and designs, the department
317 shall establish by rule minimum qualifying criteria for
318 maintenance entities. The criteria shall include: training,
319 access to approved spare parts and components, access to
320 manufacturer’s maintenance and operation manuals, and service
321 response time. The maintenance entity shall employ a contractor
322 licensed under s. 489.105(3)(m), or part III of chapter 489, or
323 a state-licensed wastewater plant operator, who is responsible
324 for maintenance and repair of all systems under contract.
325 (o) Approve the installation of a combined system when
326 connection to a publicly owned or investor-owned sewerage system
327 results in the use of any part of an onsite sewage and disposal
328 system.
329 (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
330 construct, repair, modify, abandon, or operate an onsite sewage
331 treatment and disposal system or combined system without first
332 obtaining a permit approved by the department. The department
333 may issue permits to carry out this section, but may shall not
334 make the issuance of such permits contingent upon prior approval
335 by the Department of Environmental Protection, except that the
336 issuance of a permit for work seaward of the coastal
337 construction control line established under s. 161.053 shall be
338 contingent upon receipt of any required coastal construction
339 control line permit from the Department of Environmental
340 Protection and the construction of a combined system shall be
341 contingent upon approval of the receiving force main system by
342 the Department of Environmental Protection. A construction
343 permit is valid for 18 months from the issuance date and may be
344 extended by the department for one 90-day period under rules
345 adopted by the department. A repair permit is valid for 90 days
346 from the date of issuance. An operating permit must be obtained
347 before prior to the use of any aerobic treatment unit or if the
348 establishment generates commercial waste. Buildings or
349 establishments that use an aerobic treatment unit or generate
350 commercial waste shall be inspected by the department at least
351 annually to assure compliance with the terms of the operating
352 permit. The operating permit for a commercial wastewater system
353 is valid for 1 year from the date of issuance and must be
354 renewed annually. The operating permit for an aerobic treatment
355 unit is valid for 2 years from the date of issuance and must be
356 renewed every 2 years. If all information pertaining to the
357 siting, location, and installation conditions or repair of an
358 onsite sewage treatment and disposal system remains the same, a
359 construction or repair permit for the onsite sewage treatment
360 and disposal system may be transferred to another person, if the
361 transferee files, within 60 days after the transfer of
362 ownership, an amended application providing all corrected
363 information and proof of ownership of the property. There is no
364 fee associated with the processing of this supplemental
365 information. A person may not contract to construct, modify,
366 alter, repair, service, abandon, or maintain any portion of an
367 onsite sewage treatment and disposal system without being
368 registered under part III of chapter 489. A property owner who
369 personally performs construction, maintenance, or repairs to a
370 system serving his or her own owner-occupied single-family
371 residence is exempt from registration requirements for
372 performing such construction, maintenance, or repairs on that
373 residence, but is subject to all permitting requirements. A
374 municipality or political subdivision of the state may not issue
375 a building or plumbing permit for any building that requires the
376 use of an onsite sewage treatment and disposal system or
377 combined system unless the owner or builder has received a
378 construction permit for such system from the department. A
379 building or structure may not be occupied and a municipality,
380 political subdivision, or any state or federal agency may not
381 authorize occupancy until the department approves the final
382 installation of the onsite sewage treatment and disposal system
383 or combined system. A municipality or political subdivision of
384 the state may not approve any change in occupancy or tenancy of
385 a building that uses an onsite sewage treatment and disposal
386 system until the department has reviewed the use of the system
387 with the proposed change, approved the change, and amended the
388 operating permit.
389 (a) Subdivisions and lots in which each lot has a minimum
390 area of at least one-half acre and either a minimum dimension of
391 100 feet or a mean of at least 100 feet of the side bordering
392 the street and the distance formed by a line parallel to the
393 side bordering the street drawn between the two most distant
394 points of the remainder of the lot may be developed with a water
395 system regulated under s. 381.0062 and onsite sewage treatment
396 and disposal systems, if provided the projected daily sewage
397 flow does not exceed an average of 1,500 gallons per acre per
398 day, and if provided satisfactory drinking water can be obtained
399 and all distance and setback, soil condition, water table
400 elevation, and other related requirements of this section and
401 rules adopted under this section can be met.
402 (b) Subdivisions and lots using a public water system as
403 defined in s. 403.852 may use onsite sewage treatment and
404 disposal systems, if provided there are no more than four lots
405 per acre, if provided the projected daily sewage flow does not
406 exceed an average of 2,500 gallons per acre per day, and if
407 provided that all distance and setback, soil condition, water
408 table elevation, and other related requirements that are
409 generally applicable to the use of onsite sewage treatment and
410 disposal systems are met.
411 (c) Notwithstanding paragraphs (a) and (b), for
412 subdivisions platted of record on or before October 1, 1991,
413 when a developer or other appropriate entity has previously made
414 or makes provisions, including financial assurances or other
415 commitments, acceptable to the Department of Health, that a
416 central water system will be installed by a regulated public
417 utility based on a density formula, private potable wells may be
418 used with onsite sewage treatment and disposal systems until the
419 agreed-upon densities are reached. In a subdivision regulated by
420 this paragraph, the average daily sewage flow may not exceed
421 2,500 gallons per acre per day. This section does not affect the
422 validity of existing prior agreements. After October 1, 1991,
423 the exception provided under this paragraph is not available to
424 a developer or other appropriate entity.
425 (d) Paragraphs (a) and (b) do not apply to any proposed
426 residential subdivision with more than 50 lots or to any
427 proposed commercial subdivision with more than 5 lots where a
428 publicly owned or investor-owned sewerage system is available.
429 It is the intent of this paragraph not to allow development of
430 additional proposed subdivisions in order to evade the
431 requirements of this paragraph.
432 (e) Onsite sewage treatment and disposal systems must not
433 be placed closer than:
434 1. Seventy-five feet from a private potable well.
435 2. Two hundred feet from a public potable well serving a
436 residential or nonresidential establishment having a total
437 sewage flow of greater than 2,000 gallons per day.
438 3. One hundred feet from a public potable well serving a
439 residential or nonresidential establishment having a total
440 sewage flow of less than or equal to 2,000 gallons per day.
441 4. Fifty feet from any nonpotable well.
442 5. Ten feet from any storm sewer pipe, to the maximum
443 extent possible, but in no instance shall the setback be less
444 than 5 feet.
445 6. Seventy-five feet from the mean high-water line of a
446 tidally influenced surface water body.
447 7. Seventy-five feet from the mean annual flood line of a
448 permanent nontidal surface water body.
449 8. Fifteen feet from the design high-water line of
450 retention areas, detention areas, or swales designed to contain
451 standing or flowing water for less than 72 hours after a
452 rainfall or the design high-water level of normally dry drainage
453 ditches or normally dry individual lot stormwater retention
454 areas.
455 (f) Except as provided under paragraphs (e) and (t), no
456 limitations may not shall be imposed by rule, relating to the
457 distance between an onsite disposal system and any area that
458 either permanently or temporarily has visible surface water.
459 (g) All provisions of This section and rules adopted under
460 this section relating to soil condition, water table elevation,
461 distance, and other setback requirements must be equally applied
462 to all lots, with the following exceptions:
463 1. Any residential lot that was platted and recorded on or
464 after January 1, 1972, or that is part of a residential
465 subdivision that was approved by the appropriate permitting
466 agency on or after January 1, 1972, and that was eligible for an
467 onsite sewage treatment and disposal system construction permit
468 on the date of such platting and recording or approval shall be
469 eligible for an onsite sewage treatment and disposal system
470 construction permit, regardless of when the application for a
471 permit is made. If rules in effect at the time the permit
472 application is filed cannot be met, residential lots platted and
473 recorded or approved on or after January 1, 1972, shall, to the
474 maximum extent possible, comply with the rules in effect at the
475 time the permit application is filed. At a minimum, however,
476 those residential lots platted and recorded or approved on or
477 after January 1, 1972, but before January 1, 1983, shall comply
478 with those rules in effect on January 1, 1983, and those
479 residential lots platted and recorded or approved on or after
480 January 1, 1983, shall comply with those rules in effect at the
481 time of such platting and recording or approval. In determining
482 the maximum extent of compliance with current rules that is
483 possible, the department shall allow structures and
484 appurtenances thereto which were authorized at the time such
485 lots were platted and recorded or approved.
486 2. Lots platted before 1972 are subject to a 50-foot
487 minimum surface water setback and are not subject to lot size
488 requirements. The projected daily flow for onsite sewage
489 treatment and disposal systems for lots platted before 1972 may
490 not exceed:
491 a. Two thousand five hundred gallons per acre per day for
492 lots served by public water systems as defined in s. 403.852.
493 b. One thousand five hundred gallons per acre per day for
494 lots served by water systems regulated under s. 381.0062.
495 (h)1. The department may grant variances in hardship cases
496 which may be less restrictive than the provisions specified in
497 this section. If a variance is granted and the onsite sewage
498 treatment and disposal system construction permit has been
499 issued, the variance may be transferred with the system
500 construction permit, if the transferee files, within 60 days
501 after the transfer of ownership, an amended construction permit
502 application providing all corrected information and proof of
503 ownership of the property and if the same variance would have
504 been required for the new owner of the property as was
505 originally granted to the original applicant for the variance.
506 There is no fee associated with the processing of this
507 supplemental information. A variance may not be granted under
508 this section until the department is satisfied that:
509 a. The hardship was not caused intentionally by the action
510 of the applicant;
511 b. No reasonable alternative, taking into consideration
512 factors such as cost, exists for the treatment of the sewage;
513 and
514 c. The discharge from the onsite sewage treatment and
515 disposal system will not adversely affect the health of the
516 applicant or the public or significantly degrade the groundwater
517 or surface waters.
518
519 Where soil conditions, water table elevation, and setback
520 provisions are determined by the department to be satisfactory,
521 special consideration must be given to those lots platted before
522 1972.
523 2. The department shall appoint and staff a variance review
524 and advisory committee, which shall meet monthly to recommend
525 agency action on variance requests. The committee shall make its
526 recommendations on variance requests at the meeting in which the
527 application is scheduled for consideration, except for an
528 extraordinary change in circumstances, the receipt of new
529 information that raises new issues, or when the applicant
530 requests an extension. The committee shall consider the criteria
531 in subparagraph 1. in its recommended agency action on variance
532 requests and shall also strive to allow property owners the full
533 use of their land where possible. The committee consists of the
534 following:
535 a. The State Surgeon General or his or her designee.
536 b. A representative from the county health departments.
537 c. A representative from the home building industry
538 recommended by the Florida Home Builders Association.
539 d. A representative from the septic tank industry
540 recommended by the Florida Onsite Wastewater Association.
541 e. A representative from the Department of Environmental
542 Protection.
543 f. A representative from the real estate industry who is
544 also a developer in this state who develops lots using onsite
545 sewage treatment and disposal systems, recommended by the
546 Florida Association of Realtors.
547 g. A representative from the engineering profession
548 recommended by the Florida Engineering Society.
549
550 Members shall be appointed for a term of 3 years, with such
551 appointments being staggered so that the terms of no more than
552 two members expire in any one year. Members shall serve without
553 remuneration, but if requested, shall be reimbursed for per diem
554 and travel expenses as provided in s. 112.061.
555 (i) A construction permit may not be issued for an onsite
556 sewage treatment and disposal system in any area zoned or used
557 for industrial or manufacturing purposes, or its equivalent,
558 where a publicly owned or investor-owned sewage treatment system
559 is available, or where a likelihood exists that the system will
560 receive toxic, hazardous, or industrial waste. An existing
561 onsite sewage treatment and disposal system may be repaired if a
562 publicly owned or investor-owned sewerage system is not
563 available within 500 feet of the building sewer stub-out and if
564 system construction and operation standards can be met. This
565 paragraph does not require publicly owned or investor-owned
566 sewerage treatment systems to accept anything other than
567 domestic wastewater.
568 1. A building located in an area zoned or used for
569 industrial or manufacturing purposes, or its equivalent, when
570 such building is served by an onsite sewage treatment and
571 disposal system, must not be occupied until the owner or tenant
572 has obtained written approval from the department. The
573 department may shall not grant approval when the proposed use of
574 the system is to dispose of toxic, hazardous, or industrial
575 wastewater or toxic or hazardous chemicals.
576 2. Each person who owns or operates a business or facility
577 in an area zoned or used for industrial or manufacturing
578 purposes, or its equivalent, or who owns or operates a business
579 that has the potential to generate toxic, hazardous, or
580 industrial wastewater or toxic or hazardous chemicals, and uses
581 an onsite sewage treatment and disposal system that is installed
582 on or after July 5, 1989, must obtain an annual system operating
583 permit from the department. A person who owns or operates a
584 business that uses an onsite sewage treatment and disposal
585 system that was installed and approved before July 5, 1989, does
586 not need to not obtain a system operating permit. However, upon
587 change of ownership or tenancy, the new owner or operator must
588 notify the department of the change, and the new owner or
589 operator must obtain an annual system operating permit,
590 regardless of the date that the system was installed or
591 approved.
592 3. The department shall periodically review and evaluate
593 the continued use of onsite sewage treatment and disposal
594 systems in areas zoned or used for industrial or manufacturing
595 purposes, or its equivalent, and may require the collection and
596 analyses of samples from within and around such systems. If the
597 department finds that toxic or hazardous chemicals or toxic,
598 hazardous, or industrial wastewater have been or are being
599 disposed of through an onsite sewage treatment and disposal
600 system, the department shall initiate enforcement actions
601 against the owner or tenant to ensure adequate cleanup,
602 treatment, and disposal.
603 (j) An onsite sewage treatment and disposal system designed
604 by a professional engineer registered in the state and certified
605 by such engineer as complying with performance criteria adopted
606 by the department must be approved by the department subject to
607 the following:
608 1. The performance criteria applicable to engineer-designed
609 systems must be limited to those necessary to ensure that such
610 systems do not adversely affect the public health or
611 significantly degrade the groundwater or surface water. Such
612 performance criteria shall include consideration of the quality
613 of system effluent, the proposed total sewage flow per acre,
614 wastewater treatment capabilities of the natural or replaced
615 soil, water quality classification of the potential surface
616 water-receiving body, and the structural and maintenance
617 viability of the system for the treatment of domestic
618 wastewater. However, performance criteria shall address only the
619 performance of a system and not a system’s design.
620 2. A person electing to use utilize an engineer-designed
621 system shall, upon completion of the system design, submit such
622 design, certified by a registered professional engineer, to the
623 county health department. The county health department may use
624 utilize an outside consultant to review the engineer-designed
625 system, with the actual cost of such review to be borne by the
626 applicant. Within 5 working days after receiving an engineer
627 designed system permit application, the county health department
628 shall request additional information if the application is not
629 complete. Within 15 working days after receiving a complete
630 application for an engineer-designed system, the county health
631 department either shall issue the permit or, if it determines
632 that the system does not comply with the performance criteria,
633 shall notify the applicant of that determination and refer the
634 application to the department for a determination as to whether
635 the system should be approved, disapproved, or approved with
636 modification. The department engineer’s determination shall
637 prevail over the action of the county health department. The
638 applicant shall be notified in writing of the department’s
639 determination and of the applicant’s rights to pursue a variance
640 or seek review under the provisions of chapter 120.
641 3. The owner of an engineer-designed performance-based
642 system must maintain a current maintenance service agreement
643 with a maintenance entity permitted by the department. The
644 maintenance entity shall inspect each system at least twice each
645 year and shall report quarterly to the department on the number
646 of systems inspected and serviced. The reports may be submitted
647 electronically.
648 4. The property owner of an owner-occupied, single-family
649 residence may be approved and permitted by the department as a
650 maintenance entity for his or her own performance-based
651 treatment system upon written certification from the system
652 manufacturer’s approved representative that the property owner
653 has received training on the proper installation and service of
654 the system. The maintenance service agreement must conspicuously
655 disclose that the property owner has the right to maintain his
656 or her own system and is exempt from contractor registration
657 requirements for performing construction, maintenance, or
658 repairs on the system but is subject to all permitting
659 requirements.
660 5. The property owner shall obtain a biennial system
661 operating permit from the department for each system. The
662 department shall inspect the system at least annually, or on
663 such periodic basis as the fee collected permits, and may
664 collect system-effluent samples if appropriate to determine
665 compliance with the performance criteria. The fee for the
666 biennial operating permit shall be collected beginning with the
667 second year of system operation.
668 6. If an engineer-designed system fails to properly
669 function or fails to meet performance standards, the system
670 shall be re-engineered, if necessary, to bring the system into
671 compliance with the provisions of this section.
672 (k) An innovative system may be approved in conjunction
673 with an engineer-designed site-specific system which is
674 certified by the engineer to meet the performance-based criteria
675 adopted by the department.
676 (l) For the Florida Keys, the department shall adopt a
677 special rule for the construction, installation, modification,
678 operation, repair, maintenance, and performance of onsite sewage
679 treatment and disposal systems which considers the unique soil
680 conditions and water table elevations, densities, and setback
681 requirements. On lots where a setback distance of 75 feet from
682 surface waters, saltmarsh, and buttonwood association habitat
683 areas cannot be met, an injection well, approved and permitted
684 by the department, may be used for disposal of effluent from
685 onsite sewage treatment and disposal systems. The following
686 additional requirements apply to onsite sewage treatment and
687 disposal systems in Monroe County:
688 1. The county, each municipality, and those special
689 districts established for the purpose of the collection,
690 transmission, treatment, or disposal of sewage shall ensure, in
691 accordance with the specific schedules adopted by the
692 Administration Commission under s. 380.0552, the completion of
693 onsite sewage treatment and disposal system upgrades to meet the
694 requirements of this paragraph.
695 2. Onsite sewage treatment and disposal systems must cease
696 discharge by December 31, 2015, or must comply with department
697 rules and provide the level of treatment which, on a permitted
698 annual average basis, produces an effluent that contains no more
699 than the following concentrations:
700 a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
701 b. Suspended Solids of 10 mg/l.
702 c. Total Nitrogen, expressed as N, of 10 mg/l or a
703 reduction in nitrogen of at least 70 percent. A system that has
704 been tested and certified to reduce nitrogen concentrations by
705 at least 70 percent shall be deemed to be in compliance with
706 this standard.
707 d. Total Phosphorus, expressed as P, of 1 mg/l.
708
709 In addition, onsite sewage treatment and disposal systems
710 discharging to an injection well must provide basic disinfection
711 as defined by department rule.
712 3. In areas not scheduled to be served by a central sewer,
713 onsite sewage treatment and disposal systems must, by December
714 31, 2015, comply with department rules and provide the level of
715 treatment described in subparagraph 2.
716 4. In areas scheduled to be served by central sewer by
717 December 31, 2015, if the property owner has paid a connection
718 fee or assessment for connection to the central sewer system,
719 the property owner may install a holding tank with a high water
720 alarm or an onsite sewage treatment and disposal system that
721 meets the following minimum standards:
722 a. The existing tanks must be pumped and inspected and
723 certified as being watertight and free of defects in accordance
724 with department rule; and
725 b. A sand-lined drainfield or injection well in accordance
726 with department rule must be installed.
727 5. Onsite sewage treatment and disposal systems must be
728 monitored for total nitrogen and total phosphorus concentrations
729 as required by department rule.
730 6. The department shall enforce proper installation,
731 operation, and maintenance of onsite sewage treatment and
732 disposal systems pursuant to this chapter, including ensuring
733 that the appropriate level of treatment described in
734 subparagraph 2. is met.
735 7. The authority of a local government, including a special
736 district, to mandate connection of an onsite sewage treatment
737 and disposal system is governed by s. 4, chapter 99-395, Laws of
738 Florida.
739 8. Notwithstanding any other provision of law, an onsite
740 sewage treatment and disposal system installed after July 1,
741 2010, in unincorporated Monroe County, excluding special
742 wastewater districts, that complies with the standards in
743 subparagraph 2. is not required to connect to a central sewer
744 system until December 31, 2020.
745 (m) A No product sold in the state for use in onsite sewage
746 treatment and disposal systems may not contain any substance in
747 concentrations or amounts that would interfere with or prevent
748 the successful operation of such system, or that would cause
749 discharges from such systems to violate applicable water quality
750 standards. The department shall publish criteria for products
751 known or expected to meet the conditions of this paragraph. In
752 the event a product does not meet such criteria, such product
753 may be sold if the manufacturer satisfactorily demonstrates to
754 the department that the conditions of this paragraph are met.
755 (n) Evaluations for determining the seasonal high-water
756 table elevations or the suitability of soils for the use of a
757 new onsite sewage treatment and disposal system shall be
758 performed by department personnel, professional engineers
759 registered in the state, or such other persons with expertise,
760 as defined by rule, in making such evaluations. Evaluations for
761 determining mean annual flood lines shall be performed by those
762 persons identified in paragraph (2)(j). The department shall
763 accept evaluations submitted by professional engineers and such
764 other persons as meet the expertise established by this section
765 or by rule unless the department has a reasonable scientific
766 basis for questioning the accuracy or completeness of the
767 evaluation.
768 (o) The department shall appoint a research review and
769 advisory committee, which shall meet at least semiannually. The
770 committee shall advise the department on directions for new
771 research, review and rank proposals for research contracts, and
772 review draft research reports and make comments. The committee
773 is comprised of:
774 1. A representative of the State Surgeon General, or his or
775 her designee.
776 2. A representative from the septic tank industry.
777 3. A representative from the home building industry.
778 4. A representative from an environmental interest group.
779 5. A representative from the State University System, from
780 a department knowledgeable about onsite sewage treatment and
781 disposal systems.
782 6. A professional engineer registered in this state who has
783 work experience in onsite sewage treatment and disposal systems.
784 7. A representative from local government who is
785 knowledgeable about domestic wastewater treatment.
786 8. A representative from the real estate profession.
787 9. A representative from the restaurant industry.
788 10. A consumer.
789
790 Members shall be appointed for a term of 3 years, with the
791 appointments being staggered so that the terms of no more than
792 four members expire in any one year. Members shall serve without
793 remuneration, but are entitled to reimbursement for per diem and
794 travel expenses as provided in s. 112.061.
795 (p) An application for an onsite sewage treatment and
796 disposal system permit shall be completed in full, signed by the
797 owner or the owner’s authorized representative, or by a
798 contractor licensed under chapter 489, and shall be accompanied
799 by all required exhibits and fees. No Specific documentation of
800 property ownership may not shall be required as a prerequisite
801 to the review of an application or the issuance of a permit. The
802 issuance of a permit does not constitute determination by the
803 department of property ownership.
804 (q) The department may not require any form of subdivision
805 analysis of property by an owner, developer, or subdivider
806 before prior to submission of an application for an onsite
807 sewage treatment and disposal system.
808 (r) Nothing in This section does not limit limits the power
809 of a municipality or county to enforce other laws for the
810 protection of the public health and safety.
811 (s) In the siting of onsite sewage treatment and disposal
812 systems, including drainfields, shoulders, and slopes, guttering
813 may shall not be required on single-family residential dwelling
814 units for systems located greater than 5 feet from the roof drip
815 line of the house. If guttering is used on residential dwelling
816 units, the downspouts shall be directed away from the
817 drainfield.
818 (t) Notwithstanding the provisions of subparagraph (g)1.,
819 onsite sewage treatment and disposal systems located in
820 floodways of the Suwannee and Aucilla Rivers must adhere to the
821 following requirements:
822 1. The absorption surface of the drainfield must shall not
823 be subject to flooding based on 10-year flood elevations.
824 Provided, However, for lots or parcels created by the
825 subdivision of land in accordance with applicable local
826 government regulations before prior to January 17, 1990, if an
827 applicant cannot construct a drainfield system with the
828 absorption surface of the drainfield at an elevation equal to or
829 above 10-year flood elevation, the department shall issue a
830 permit for an onsite sewage treatment and disposal system within
831 the 10-year floodplain of rivers, streams, and other bodies of
832 flowing water if all of the following criteria are met:
833 a. The lot is at least one-half acre in size.;
834 b. The bottom of the drainfield is at least 36 inches above
835 the 2-year flood elevation.; and
836 c. The applicant installs either: a waterless,
837 incinerating, or organic waste composting toilet and a graywater
838 system and drainfield in accordance with department rules; an
839 aerobic treatment unit and drainfield in accordance with
840 department rules; a system approved by the State Health Office
841 that is capable of reducing effluent nitrate by at least 50
842 percent; or a system approved by the county health department
843 pursuant to department rule other than a system using
844 alternative drainfield materials. The United States Department
845 of Agriculture Soil Conservation Service soil maps, State of
846 Florida Water Management District data, and Federal Emergency
847 Management Agency Flood Insurance maps are resources that shall
848 be used to identify flood-prone areas.
849 2. The use of fill or mounding to elevate a drainfield
850 system out of the 10-year floodplain of rivers, streams, or
851 other bodies of flowing water must shall not be permitted if
852 such a system lies within a regulatory floodway of the Suwannee
853 and Aucilla Rivers. In cases where the 10-year flood elevation
854 does not coincide with the boundaries of the regulatory
855 floodway, the regulatory floodway will be considered for the
856 purposes of this subsection to extend at a minimum to the 10
857 year flood elevation.
858 (u)1. The owner of an aerobic treatment unit system shall
859 maintain a current maintenance service agreement with an aerobic
860 treatment unit maintenance entity permitted by the department.
861 The maintenance entity shall inspect each aerobic treatment unit
862 system at least twice each year and shall report quarterly to
863 the department on the number of aerobic treatment unit systems
864 inspected and serviced. The reports may be submitted
865 electronically.
866 2. The property owner of an owner-occupied, single-family
867 residence may be approved and permitted by the department as a
868 maintenance entity for his or her own aerobic treatment unit
869 system upon written certification from the system manufacturer’s
870 approved representative that the property owner has received
871 training on the proper installation and service of the system.
872 The maintenance entity service agreement must conspicuously
873 disclose that the property owner has the right to maintain his
874 or her own system and is exempt from contractor registration
875 requirements for performing construction, maintenance, or
876 repairs on the system but is subject to all permitting
877 requirements.
878 3. A septic tank contractor licensed under part III of
879 chapter 489, if approved by the manufacturer, may not be denied
880 access by the manufacturer to aerobic treatment unit system
881 training or spare parts for maintenance entities. After the
882 original warranty period, component parts for an aerobic
883 treatment unit system may be replaced with parts that meet
884 manufacturer’s specifications but are manufactured by others.
885 The maintenance entity shall maintain documentation of the
886 substitute part’s equivalency for 2 years and shall provide such
887 documentation to the department upon request.
888 4. The owner of an aerobic treatment unit system shall
889 obtain a system operating permit from the department and allow
890 the department to inspect during reasonable hours each aerobic
891 treatment unit system at least annually, and such inspection may
892 include collection and analysis of system-effluent samples for
893 performance criteria established by rule of the department.
894 (v) The department may require the submission of detailed
895 system construction plans that are prepared by a professional
896 engineer registered in this state. The department shall
897 establish by rule criteria for determining when such a
898 submission is required.
899 (w) Any permit issued and approved by the department for
900 the installation, modification, or repair of an onsite sewage
901 treatment and disposal system or combined system shall transfer
902 with the title to the property in a real estate transaction. A
903 title may not be encumbered at the time of transfer by new
904 permit requirements by a governmental entity for an onsite
905 sewage treatment and disposal system or combined system which
906 differ from the permitting requirements in effect at the time
907 the system was permitted, modified, or repaired. An inspection
908 of a system may not be mandated by a governmental entity at the
909 point of sale in a real estate transaction. This paragraph does
910 not affect a septic tank phase-out deferral program implemented
911 by a consolidated government as defined in s. 9, Art. VIII of
912 the State Constitution (1885).
913 (x) A governmental entity, including a municipality,
914 county, or statutorily created commission, may not require an
915 engineer-designed performance-based treatment system, excluding
916 a passive engineer-designed performance-based treatment system,
917 before the completion of the Florida Onsite Sewage Nitrogen
918 Reduction Strategies Project. This paragraph does not apply to a
919 governmental entity, including a municipality, county, or
920 statutorily created commission, which adopted a local law,
921 ordinance, or regulation on or before January 31, 2012.
922 Notwithstanding this paragraph, an engineer-designed
923 performance-based treatment system may be used to meet the
924 requirements of the variance review and advisory committee
925 recommendations.
926 (y)1. An onsite sewage treatment and disposal system is not
927 considered abandoned if the system is disconnected from a
928 structure that was made unusable or destroyed following a
929 disaster and if the system was properly functioning at the time
930 of disconnection and was not adversely affected by the disaster.
931 The onsite sewage treatment and disposal system may be
932 reconnected to a rebuilt structure if:
933 a. The reconnection of the system is to the same type of
934 structure which contains the same number of bedrooms or fewer,
935 if the square footage of the structure is less than or equal to
936 110 percent of the original square footage of the structure that
937 existed before the disaster;
938 b. The system is not a sanitary nuisance; and
939 c. The system has not been altered without prior
940 authorization.
941 2. An onsite sewage treatment and disposal system that
942 serves a property that is foreclosed upon is not considered
943 abandoned.
944 (z) If an onsite sewage treatment and disposal system
945 permittee receives, relies upon, and undertakes construction of
946 a system based upon a validly issued construction permit under
947 rules applicable at the time of construction but a change to a
948 rule occurs within 5 years after the approval of the system for
949 construction but before the final approval of the system, the
950 rules applicable and in effect at the time of construction
951 approval apply at the time of final approval if fundamental site
952 conditions have not changed between the time of construction
953 approval and final approval.
954 (aa) An existing-system inspection or evaluation and
955 assessment, or a modification, replacement, or upgrade of an
956 onsite sewage treatment and disposal system is not required for
957 a remodeling addition or modification to a single-family home if
958 a bedroom is not added. However, a remodeling addition or
959 modification to a single-family home may not cover any part of
960 the existing system or encroach upon a required setback or the
961 unobstructed area. To determine if a setback or the unobstructed
962 area is impacted, the local health department shall review and
963 verify a floor plan and site plan of the proposed remodeling
964 addition or modification to the home submitted by a remodeler
965 which shows the location of the system, including the distance
966 of the remodeling addition or modification to the home from the
967 onsite sewage treatment and disposal system. The local health
968 department may visit the site or otherwise determine the best
969 means of verifying the information submitted. A verification of
970 the location of a system is not an inspection or evaluation and
971 assessment of the system. The review and verification must be
972 completed within 7 business days after receipt by the local
973 health department of a floor plan and site plan. If the review
974 and verification is not completed within such time, the
975 remodeling addition or modification to the single-family home,
976 for the purposes of this paragraph, is approved.
977 (5) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.—
978 (a) Department personnel who have reason to believe
979 noncompliance exists, may at any reasonable time, enter the
980 premises permitted under ss. 381.0065-381.0066, or the business
981 premises of any septic tank contractor or master septic tank
982 contractor registered under part III of chapter 489, or any
983 premises that the department has reason to believe is being
984 operated or maintained not in compliance, to determine
985 compliance with the provisions of this section, part I of
986 chapter 386, or part III of chapter 489 or rules or standards
987 adopted under ss. 381.0065-381.0067, part I of chapter 386, or
988 part III of chapter 489. As used in this paragraph, the term
989 “premises” does not include a residence or private building. To
990 gain entry to a residence or private building, the department
991 must obtain permission from the owner or occupant or secure an
992 inspection warrant from a court of competent jurisdiction.
993 (b)1. The department may issue citations that may contain
994 an order of correction or an order to pay a fine, or both, for
995 violations of ss. 381.0065-381.0067, part I of chapter 386, or
996 part III of chapter 489 or the rules adopted by the department,
997 when a violation of these sections or rules is enforceable by an
998 administrative or civil remedy, or when a violation of these
999 sections or rules is a misdemeanor of the second degree. A
1000 citation issued under ss. 381.0065-381.0067, part I of chapter
1001 386, or part III of chapter 489 constitutes a notice of proposed
1002 agency action.
1003 2. A citation must be in writing and must describe the
1004 particular nature of the violation, including specific reference
1005 to the provisions of law or rule allegedly violated.
1006 3. The fines imposed by a citation issued by the department
1007 may not exceed $500 for each violation. Each day the violation
1008 exists constitutes a separate violation for which a citation may
1009 be issued.
1010 4. The department shall inform the recipient, by written
1011 notice pursuant to ss. 120.569 and 120.57, of the right to an
1012 administrative hearing to contest the citation within 21 days
1013 after the date the citation is received. The citation must
1014 contain a conspicuous statement that if the recipient fails to
1015 pay the fine within the time allowed, or fails to appear to
1016 contest the citation after having requested a hearing, the
1017 recipient has waived the recipient’s right to contest the
1018 citation and must pay an amount up to the maximum fine.
1019 5. The department may reduce or waive the fine imposed by
1020 the citation. In determining whether to reduce or waive the
1021 fine, the department must consider the gravity of the violation,
1022 the person’s attempts at correcting the violation, and the
1023 person’s history of previous violations including violations for
1024 which enforcement actions were taken under ss. 381.0065
1025 381.0067, part I of chapter 386, part III of chapter 489, or
1026 other provisions of law or rule.
1027 6. A Any person who willfully refuses to sign and accept a
1028 citation issued by the department commits a misdemeanor of the
1029 second degree, punishable as provided in s. 775.082 or s.
1030 775.083.
1031 7. The department, pursuant to ss. 381.0065-381.0067, part
1032 I of chapter 386, or part III of chapter 489, shall deposit any
1033 fines it collects in the county health department trust fund for
1034 use in providing services specified in those sections.
1035 8. This section provides an alternative means of enforcing
1036 ss. 381.0065-381.0067, part I of chapter 386, and part III of
1037 chapter 489. This section does not prohibit the department from
1038 enforcing ss. 381.0065-381.0067, part I of chapter 386, or part
1039 III of chapter 489, or its rules, by any other means. However,
1040 the department must elect to use only a single method of
1041 enforcement for each violation.
1042 (6) LAND APPLICATION OF SEPTAGE PROHIBITED.—Effective
1043 January 1, 2016, the land application of septage from onsite
1044 sewage treatment and disposal systems is prohibited.
1045 Section 2. This act shall take effect July 1, 2014.