CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 1993
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Gay offered the following:
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13 Amendment (with title amendment)
14 On page 24, between lines 15 and 16, of the bill
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16 insert:
17 Section 3. Notwithstanding any provision of chapter
18 380, part I, to the contrary, a local government within the
19 Florida Keys area of critical state concern may enact an
20 ordinance that:
21 (1) Requires connection to a central sewerage system
22 within 30 days of notice of availability of services; and
23 (2) Provides a definition of on-site sewage treatment
24 and disposal systems that does not exclude package sewage
25 treatment facilities if such facilities are in full compliance
26 with all regulatory requirements and treat sewage to advanced
27 wastewater treatment standards or utilize effluent reuse as
28 their primary method of effluent disposal.
29 Section 4. Definition of terms used in this act.--As
30 used in this act, the term "existing" means permitted by the
31 Department of Environmental Protection or the Department of
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HOUSE AMENDMENT
Bill No. HB 1993
Amendment No. (for drafter's use only)
1 Health as of the effective date of this act.
2 Section 5. Sewage requirements in Monroe County.--
3 (1) The provisions of this act apply to all sewage
4 treatment, reuse, and disposal facilities and all onsite
5 sewage treatment and disposal systems in Monroe County, except
6 as provided in subsection (8):
7 (2) No new or expanded discharges shall be allowed
8 into surface waters.
9 (3) Existing surface water discharges shall be
10 eliminated before July 1, 2006.
11 (4) Existing sewage facilities that discharge to other
12 than surface waters and existing onsite sewage treatment and
13 disposal systems shall cease discharge or shall comply with
14 the applicable treatment requirements of subsection (6) by
15 July 1, 2010, and with the rules of the Department of
16 Environmental Protection or the Department of Health, as
17 applicable.
18 (5) All new or expanded discharges into other than
19 surface waters and all onsite sewage treatment and disposal
20 systems permitted after the effective date of this act shall
21 comply with the requirements of subsection (6) and with the
22 rules of the Department of Environmental Protection or the
23 Department of Health, as applicable.
24 (6)(a) Sewage facilities with design capacities
25 greater than or equal to 100,000 gallons per day that do not
26 discharge to surface waters shall provide basic disinfection
27 as defined by Department of Environmental Protection rule and
28 the level of treatment that will produce an effluent that
29 contains not more, on a permitted annual average basis, than
30 the following concentrations:
31 1. Biochemical Oxygen Demand (CBOD5) of 5 mg/1;
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HOUSE AMENDMENT
Bill No. HB 1993
Amendment No. (for drafter's use only)
1 2. Suspended Solids of 5 mg/1;
2 3. Total Nitrogen, expressed as N, of 3 mg/1;
3 4. Total Phosphorus, expressed as P, of 1 mg/1.
4 (b) Sewage facilities with design capacities less than
5 100,000 gallons per day that do not discharge to surface
6 waters shall provide basic disinfection as defined by
7 Department of Environmental Protection rule and the level of
8 treatment that will produce an effluent that contains not
9 more, on a permitted annual average basis, than the following
10 concentrations;
11 1. Biochemical Oxygen Demand (CBOD5) of 10 mg/1;
12 2. Suspended Solids of 10 mg/1;
13 3. Total Nitrogen, expressed as N, of 10 mg/1;
14 4. Total Phosphorus, expressed as P, of 1 mg/1.
15 (c) Onsite sewage treatment and disposal systems shall
16 provide the level of treatment that will produce an effluent
17 that contains not more, on a permitted annual average basis,
18 than the following concentrations:
19 1. Biochemical Oxygen Demand (CBOD5) of 10 mg/1;
20 2. Suspended Solids of 10 mg/1;
21 3. Total Nitrogen, expressed as N, of 10 mg/1;;
22 4. Total Phosphorus, expressed as P, of 1 mg/1.
23 In addition, onsite sewage treatment and disposal systems
24 discharging to injection wells shall provide basic
25 disinfection as defined by Department of Health rule.
26 (7) Class V injection wells, as defined by Department
27 of Environmental Protection or Department of Health rule,
28 shall meet the following requirements and shall otherwise
29 comply with Department of Environmental Protection or
30 Department of Health rules, as applicable:
31 (a) If the design capacity of the facility is less
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HOUSE AMENDMENT
Bill No. HB 1993
Amendment No. (for drafter's use only)
1 than 1,000,000 gallons per day, the injection well shall be at
2 least 90 feet deep and cased to a minimum depth of 60 feet or
3 to such greater cased depth and total well depth as may be
4 required by Department of Environmental Protection rule;
5 If the design capacity of the facility is equal to or
6 greater than 1,000,000 gallons per day, the injection well
7 shall be cased to a minimum depth of 2,000 feet or to such
8 greater depth as may be required by Department of
9 Environmental Protection rule.
10 (8) The requirements of subsections (2)-(7) do not
11 apply to the following:
12 (a) Class 1 injection wells as defined by Department
13 of Environmental Protection rule, including any authorized
14 mechanical integrity tests;
15 (b)Authorized mechanical integrity tests associated
16 with Class V wells as defined by Department of Environmental
17 Protection rule; and
18 (c) The following types of reuse systems authorized by
19 Department of Environmental Protection domestic wastewater
20 rules:
21 1. Slow-rate land application systems;
22 2. Industrial uses of reclaimed water; and
23 3. Use of reclaimed water for toilet flushing, fire
24 protection, vehicle washing, construction dust control, and
25 decorative water features.
26 However, disposal systems serving as backups to reuse systems
27 shall comply with the other provisions of this act.
28 (9) If it is demonstrated that a discharge, even if it
29 is otherwise in compliance with this act or c. 403, F. S.,
30 will cause or contribute to a violation of state water quality
31 standards, the Department of Environmental Protection shall:
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HOUSE AMENDMENT
Bill No. HB 1993
Amendment No. (for drafter's use only)
1 (a) Require more stringent effluent limitations;
2 (b) Order the point or method of discharge changed;
3 (c) Limit the duration or volume of the discharge; or
4 (d) Prohibit the discharge.
5 (10) All sewage treatment facilities shall monitor
6 effluent for total nitrogen and total phosphorus concentration
7 as required by Department of Environmental Protection rule
8 beginning October 1, 1999. All onsite sewage treatment and
9 disposal systems issued a construction permit after the
10 effective date of this act shall be monitored for total
11 nitrogen and total phosphorus concentrations as required by
12 Department of Health rule.
13 (11) The Department of Environmental Protection shall
14 require the levels of operator certification and staffing
15 necessary to ensure proper operation and maintenance of sewage
16 facilities. The Department of Health shall ensure proper
17 operation and maintenance of onsite sewage treatment and
18 disposal systems.
19 (12) The Department of Environmental Protection and
20 the Department of Health shall adopt rules necessary to carry
21 out the provisions of this act.
22 Section 6. Paragraph (k) of subsection (4) of section
23 381.0065, Florida Statutes, is amended to read:
24 381.0065 Onsite sewage treatment and disposal systems;
25 regulation.--
26 (4) PERMITS; INSTALLATION; AND CONDITIONS.--A person
27 may not construct, repair, modify, abandon, or operate an
28 onsite sewage treatment and disposal system without first
29 obtaining a permit approved by the department. The department
30 may issue permits to carry out this section. A construction
31 permit is valid for 18 months from the issuance date and may
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HOUSE AMENDMENT
Bill No. HB 1993
Amendment No. (for drafter's use only)
1 be extended by the department for one 90-day period under
2 rules adopted by the department. A repair permit is valid for
3 90 days from the date of issuance. An operating permit must be
4 obtained prior to the use of any aerobic treatment unit or if
5 the establishment generates commercial waste. Buildings or
6 establishments that use an aerobic treatment unit or generate
7 commercial waste shall be inspected by the department at least
8 annually to assure compliance with the terms of the operating
9 permit. The operating permit is valid for 1 year from the date
10 of issuance and must be renewed annually. If all information
11 pertaining to the siting, location, and installation
12 conditions or repair of an onsite sewage treatment and
13 disposal system remains the same, a construction or repair
14 permit for the onsite sewage treatment and disposal system may
15 be transferred to another person, if the transferee files,
16 within 60 days after the transfer of ownership, an amended
17 application providing all corrected information and proof of
18 ownership of the property. There is no fee associated with
19 the processing of this supplemental information. A person may
20 not contract to construct, modify, alter, repair, service,
21 abandon, or maintain any portion of an onsite sewage treatment
22 and disposal system without being registered under part III of
23 chapter 489. A property owner who personally performs
24 construction, maintenance, or repairs to a system serving his
25 or her own owner-occupied single-family residence is exempt
26 from registration requirements for performing such
27 construction, maintenance, or repairs on that residence, but
28 is subject to all permitting requirements. A municipality or
29 political subdivision of the state may not issue a building or
30 plumbing permit for any building that requires the use of an
31 onsite sewage treatment and disposal system unless the owner
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HOUSE AMENDMENT
Bill No. HB 1993
Amendment No. (for drafter's use only)
1 or builder has received a construction permit for such system
2 from the department. A building or structure may not be
3 occupied and a municipality, political subdivision, or any
4 state or federal agency may not authorize occupancy until the
5 department approves the final installation of the onsite
6 sewage treatment and disposal system. A municipality or
7 political subdivision of the state may not approve any change
8 in occupancy or tenancy of a building that uses an onsite
9 sewage treatment and disposal system until the department has
10 reviewed the use of the system with the proposed change,
11 approved the change, and amended the operating permit.
12 (k) For the Florida Keys, the department shall adopt a
13 special rule for the construction, installation, modification,
14 operation, repair, maintenance, and performance of onsite
15 sewage treatment and disposal systems which considers the
16 unique soil conditions and which considers water table
17 elevations, densities, and setback requirements. On lots
18 where a setback distance of 75 feet from surface waters,
19 saltmarsh, and buttonwood association habitat areas cannot be
20 met, an injection well, approved and permitted by the
21 department, may be used for disposal of effluent from onsite
22 sewage treatment and disposal systems. The department shall
23 require effluent from onsite sewage treatment and disposal
24 systems to meet advanced waste treatment concentrations, as
25 defined in s. 403.086.
26 Section 7. No later than January 1,2003, the
27 Department of Environmental Protection and the Department of
28 Health shall report to the Governor, the President of the
29 Senate, and the Speaker of the House on the then current state
30 of sewage treatment technology. The report shall address the
31 treatment capabilities and operational and maintenance
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File original & 9 copies 04/22/99
hbd0001 03:08 pm 01993-0074-681333
HOUSE AMENDMENT
Bill No. HB 1993
Amendment No. (for drafter's use only)
1 requirements of various sizes and types of sewage facilities
2 and onsite sewage treatment and disposal systems, with special
3 attention given to individual systems and facilities designed
4 to treat 100,000 gallons per day or less of sewage. The
5 report shall also address the status of research on the fate
6 and transport of nutrients after injection, and shall provide
7 an overall assessment of water quality in Monroe County and
8 include recommendations for changes to the sewage collection,
9 treatment and disposal requirements in Monroe county.
10 Section 8. No later than January 1, 2003, Monroe
11 County and the Florida Keys Aqueduct Authority shall report to
12 the Governor, the President of the Senate, and the Speaker of
13 the House on the implementation of charges, fees and
14 assessments related to sewage collection, treatment and
15 disposal in Monroe County, and on implementation of the Monroe
16 County Wastewater Master Plan.
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19 ================ T I T L E A M E N D M E N T ===============
20 And the title is amended as follows:
21 On page 1, line 26,
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23 after the semicolon insert:
24 authorizing certain counties within the Florida
25 Keys to enact certain ordinances; providing
26 definitions; providing for sewage requirements
27 in Monroe County; amending s. 381.0065, F.S.;
28 revising language with respect to the Florida
29 Keys onsite sewage treatment and disposal
30 systems; providing for reports;
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hbd0001 03:08 pm 01993-0074-681333