House Bill 1993e2

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                                         HB 1993, Second Engrossed



  1                      A bill to be entitled

  2         An act relating to onsite sewage and disposal

  3         systems; amending s. 381.0065, F.S.; defining

  4         "mean annual flood line," "permanent nontidal

  5         surface water body," and "tidally influenced

  6         surface water body"; providing that the

  7         Department of Health shall not make the

  8         issuance of a permit to construct, repair,

  9         modify, abandon, or operate an onsite sewage

10         treatment and disposal system contingent upon

11         prior approval by the Department of

12         Environmental Protection; revising certain

13         limitations with respect to the placement of

14         onsite sewage treatment and disposal systems;

15         providing that no limitations shall be imposed

16         by rule, relating to the distance between an

17         onsite disposal system and any area that either

18         permanently or temporarily has viable surface

19         water; specifying persons required to perform

20         evaluations for determining mean annual flood

21         lines and the accuracy of seasonally inundated

22         area designations; amending s. 381.0066, F.S.;

23         providing that a specified portion of onsite

24         sewage treatment and disposal repair permit

25         fees shall be used for the funding of certain

26         training centers; specifying ordinances which

27         may be enacted by a local government within the

28         Florida Keys area of critical state concern;

29         providing a definition; providing specified

30         sewage treatment and disposal system

31         requirements in Monroe County; requiring the


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                                         HB 1993, Second Engrossed



  1         Department of Environmental Protection and the

  2         Department of Health to adopt specified rules;

  3         amending s. 381.0065, F.S.; eliminating a

  4         requirement that specified onsite sewage

  5         treatment and disposal systems meet certain

  6         advanced waste treatment concentrations;

  7         requiring specified reports; providing an

  8         effective date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

11

12         Section 1.  Subsections (2) and (4) of section

13  381.0065, Florida Statutes, 1998 Supplement, are amended to

14  read:

15         381.0065  Onsite sewage treatment and disposal systems;

16  regulation.--

17         (2)  DEFINITIONS.--As used in ss. 381.0065-381.0067,

18  the term:

19         (a)  "Available," as applied to a publicly owned or

20  investor-owned sewerage system, means that the publicly owned

21  or investor-owned sewerage system is capable of being

22  connected to the plumbing of an establishment or residence, is

23  not under a Department of Environmental Protection moratorium,

24  and has adequate permitted capacity to accept the sewage to be

25  generated by the establishment or residence; and:

26         1.  For a residential subdivision lot, a single-family

27  residence, or an establishment, any of which has an estimated

28  sewage flow of 1,000 gallons per day or less, a gravity sewer

29  line to maintain gravity flow from the property's drain to the

30  sewer line, or a low pressure or vacuum sewage collection line

31  in those areas approved for low pressure or vacuum sewage


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                                         HB 1993, Second Engrossed



  1  collection, exists in a public easement or right-of-way that

  2  abuts the property line of the lot, residence, or

  3  establishment.

  4         2.  For an establishment with an estimated sewage flow

  5  exceeding 1,000 gallons per day, a sewer line, force main, or

  6  lift station exists in a public easement or right-of-way that

  7  abuts the property of the establishment or is within 50 feet

  8  of the property line of the establishment as accessed via

  9  existing rights-of-way or easements.

10         3.  For proposed residential subdivisions with more

11  than 50 lots, for proposed commercial subdivisions with more

12  than 5 lots, and for areas zoned or used for an industrial or

13  manufacturing purpose or its equivalent, a sewerage system

14  exists within one-fourth mile of the development as measured

15  and accessed via existing easements or rights-of-way.

16         4.  For repairs or modifications within areas zoned or

17  used for an industrial or manufacturing purpose or its

18  equivalent, a sewerage system exists within 500 feet of an

19  establishment's or residence's sewer stub-out as measured and

20  accessed via existing rights-of-way or easements.

21         (b)  "Blackwater" means that part of domestic sewage

22  carried off by toilets, urinals, and kitchen drains.

23         (c)  "Domestic sewage" means human body waste and

24  wastewater, including bath and toilet waste, residential

25  laundry waste, residential kitchen waste, and other similar

26  waste from appurtenances at a residence or establishment.

27         (d)  "Graywater" means that part of domestic sewage

28  that is not blackwater, including waste from the bath,

29  lavatory, laundry, and sink, except kitchen sink waste.

30         (e)  "Florida Keys" means those islands of the state

31  located within the boundaries of Monroe County.


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                                         HB 1993, Second Engrossed



  1         (f)  "Injection well" means an open vertical hole at

  2  least 90 feet in depth, cased and grouted to at least 60 feet

  3  in depth which is used to dispose of effluent from an onsite

  4  sewage treatment and disposal system.

  5         (g)  "Innovative system" means an onsite sewage

  6  treatment and disposal system that, in whole or in part,

  7  employs materials, devices, or techniques that are novel or

  8  unique and that have not been successfully field-tested under

  9  sound scientific and engineering principles under climatic and

10  soil conditions found in this state.

11         (h)  "Lot" means a parcel or tract of land described by

12  reference to recorded plats or by metes and bounds, or the

13  least fractional part of subdivided lands having limited fixed

14  boundaries or an assigned number, letter, or any other legal

15  description by which it can be identified.

16         (i)  "Mean annual flood line" means the elevation

17  determined by calculating the arithmetic mean of the

18  elevations of the highest yearly flood stage or discharge for

19  the period of record, to include at least the most recent

20  10-year period. If at least 10 years of data is not available,

21  the mean annual flood line shall be as determined based upon

22  the data available and field verification conducted by a

23  certified professional surveyor and mapper with experience in

24  the determination of flood water elevation lines or, at the

25  option of the applicant, by department personnel. Field

26  verification of the mean annual flood line shall be performed

27  using a combination of those indicators listed in

28  subparagraphs 1. through 7. that are present on the site, and

29  that reflect flooding that recurs on an annual basis. In those

30  situations where any one or more of these indicators reflect a

31  rare or aberrant event, such indicator or indicators shall not


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                                         HB 1993, Second Engrossed



  1  be utilized in determining the mean annual flood line. The

  2  indicators that may be considered are:

  3         1.  Water stains on the ground surface, trees, and

  4  other fixed objects;

  5         2.  Hydric adventitious roots;

  6         3.  Drift lines;

  7         4.  Rafted debris;

  8         5.  Aquatic mosses and liverworts;

  9         6.  Moss collars; and

10         7.  Lichen lines.

11         (j)(i)  "Onsite sewage treatment and disposal system"

12  means a system that contains a standard subsurface, filled, or

13  mound drainfield system; an aerobic treatment unit; a

14  graywater system tank; a laundry wastewater system tank; a

15  septic tank; a grease interceptor; a dosing tank; a solids or

16  effluent pump; a waterless, incinerating, or organic

17  waste-composting toilet; or a sanitary pit privy that is

18  installed or proposed to be installed beyond the building

19  sewer on land of the owner or on other land to which the owner

20  has the legal right to install a system.  This term does not

21  include package sewage treatment facilities and other

22  treatment works regulated under chapter 403.

23         (k)  "Permanent nontidal surface water body" means a

24  perennial stream, a perennial river, an intermittent stream, a

25  perennial lake, a submerged marsh or swamp, a submerged wooded

26  marsh or swamp, a spring, or a seep, as identified on the most

27  recent quadrangle map, 7.5 minute series (topographic),

28  produced by the United States Geological Survey. "Permanent

29  nontidal surface water body" shall also mean an artificial

30  surface water body that does not have an impermeable bottom

31  and side and that is designed to hold, or does hold, visible


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                                         HB 1993, Second Engrossed



  1  standing water for at least 180 days of the year. However, a

  2  nontidal surface water body that is drained, either naturally

  3  or artificially, where the intent or the result is that such

  4  drainage be temporary, shall be considered a permanent

  5  nontidal surface water body. A nontidal surface water body

  6  that is drained of all visible surface water, where the lawful

  7  intent or the result of such drainage is that such drainage

  8  will be permanent, shall not be considered a permanent

  9  nontidal surface water body. The boundary of a permanent

10  nontidal surface water body shall be the mean annual flood

11  line.

12         (l)(j)  "Potable water line" means any water line that

13  is connected to a potable water supply source, but the term

14  does not include an irrigation line with any of the following

15  types of backflow devices:

16         1.  For irrigation systems into which chemicals are not

17  injected, any atmospheric or pressure vacuum breaker or double

18  check valve or any detector check assembly.

19         2.  For irrigation systems into which chemicals such as

20  fertilizers, pesticides, or herbicides are injected, any

21  reduced pressure backflow preventer.

22         (m)(k)  "Septage" means a mixture of sludge, fatty

23  materials, human feces, and wastewater removed during the

24  pumping of an onsite sewage treatment and disposal system.

25         (n)(l)  "Subdivision" means, for residential use, any

26  tract or plot of land divided into two or more lots or parcels

27  of which at least one is 1 acre or less in size for sale,

28  lease, or rent.  A subdivision for commercial or industrial

29  use is any tract or plot of land divided into two or more lots

30  or parcels of which at least one is 5 acres or less in size

31  and which is for sale, lease, or rent. A subdivision shall be


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                                         HB 1993, Second Engrossed



  1  deemed to be proposed until such time as an application is

  2  submitted to the local government for subdivision approval or,

  3  in those areas where no local government subdivision approval

  4  is required, until such time as a plat of the subdivision is

  5  recorded.

  6         (o)(m)  "Tidally influenced surface water body" means a

  7  recognizable body of water that is subject to the ebb and flow

  8  of the tides and has as its boundary a mean high-water line as

  9  defined by s. 177.27(15), including swamp or marsh areas,

10  bayheads, cypress ponds and sloughs, and natural or

11  constructed ponds contained within a recognizable boundary.

12  This does not include retention or detention areas designed to

13  contain standing or flowing water for less than 72 hours after

14  a rainfall.

15         (p)(n)  "Toxic or hazardous chemical" means a substance

16  that poses a serious danger to human health or the

17  environment.

18         (4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person

19  may not construct, repair, modify, abandon, or operate an

20  onsite sewage treatment and disposal system without first

21  obtaining a permit approved by the department. The department

22  may issue permits to carry out this section, but shall not

23  make the issuance of such permits contingent upon prior

24  approval by the Department of Environmental Protection. A

25  construction permit is valid for 18 months from the issuance

26  date and may be extended by the department for one 90-day

27  period under rules adopted by the department.  A repair permit

28  is valid for 90 days from the date of issuance. An operating

29  permit must be obtained prior to the use of any aerobic

30  treatment unit or if the establishment generates commercial

31  waste. Buildings or establishments that use an aerobic


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                                         HB 1993, Second Engrossed



  1  treatment unit or generate commercial waste shall be inspected

  2  by the department at least annually to assure compliance with

  3  the terms of the operating permit. The operating permit is

  4  valid for 1 year from the date of issuance and must be renewed

  5  annually.  If all information pertaining to the siting,

  6  location, and installation conditions or repair of an onsite

  7  sewage treatment and disposal system remains the same, a

  8  construction or repair permit for the onsite sewage treatment

  9  and disposal system may be transferred to another person, if

10  the transferee files, within 60 days after the transfer of

11  ownership, an amended application providing all corrected

12  information and proof of ownership of the property.  There is

13  no fee associated with the processing of this supplemental

14  information.  A person may not contract to construct, modify,

15  alter, repair, service, abandon, or maintain any portion of an

16  onsite sewage treatment and disposal system without being

17  registered under part III of chapter 489.  A property owner

18  who personally performs construction, maintenance, or repairs

19  to a system serving his or her own owner-occupied

20  single-family residence is exempt from registration

21  requirements for performing such construction, maintenance, or

22  repairs on that residence, but is subject to all permitting

23  requirements. A municipality or political subdivision of the

24  state may not issue a building or plumbing permit for any

25  building that requires the use of an onsite sewage treatment

26  and disposal system unless the owner or builder has received a

27  construction permit for such system from the department. A

28  building or structure may not be occupied and a municipality,

29  political subdivision, or any state or federal agency may not

30  authorize occupancy until the department approves the final

31  installation of the onsite sewage treatment and disposal


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                                         HB 1993, Second Engrossed



  1  system. A municipality or political subdivision of the state

  2  may not approve any change in occupancy or tenancy of a

  3  building that uses an onsite sewage treatment and disposal

  4  system until the department has reviewed the use of the system

  5  with the proposed change, approved the change, and amended the

  6  operating permit.

  7         (a)  Subdivisions and lots in which each lot has a

  8  minimum area of at least one-half acre and either a minimum

  9  dimension of 100 feet or a mean of at least 100 feet of the

10  side bordering the street and the distance formed by a line

11  parallel to the side bordering the street drawn between the

12  two most distant points of the remainder of the lot may be

13  developed with a water system regulated under s. 381.0062 and

14  onsite sewage treatment and disposal systems, provided the

15  projected daily domestic sewage flow does not exceed an

16  average of 1,500 gallons per acre per day, and provided

17  satisfactory drinking water can be obtained and all distance

18  and setback, soil condition, water table elevation, and other

19  related requirements of this section and rules adopted under

20  this section can be met.

21         (b)  Subdivisions and lots using a public water system

22  as defined in s. 403.852 may use onsite sewage treatment and

23  disposal systems, provided there are no more than four lots

24  per acre, provided the projected daily domestic sewage flow

25  does not exceed an average of 2,500 gallons per acre per day,

26  and provided that all distance and setback, soil condition,

27  water table elevation, and other related requirements that are

28  generally applicable to the use of onsite sewage treatment and

29  disposal systems are met.

30         (c)  Notwithstanding the provisions of paragraphs (a)

31  and (b), for subdivisions platted of record on or before


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                                         HB 1993, Second Engrossed



  1  October 1, 1991, when a developer or other appropriate entity

  2  has previously made or makes provisions, including financial

  3  assurances or other commitments, acceptable to the Department

  4  of Health, that a central water system will be installed by a

  5  regulated public utility based on a density formula, private

  6  potable wells may be used with onsite sewage treatment and

  7  disposal systems until the agreed-upon densities are reached.

  8  The department may consider assurances filed with the

  9  Department of Business and Professional Regulation under

10  chapter 498 in determining the adequacy of the financial

11  assurance required by this paragraph.  In a subdivision

12  regulated by this paragraph, the average daily domestic sewage

13  flow may not exceed 2,500 gallons per acre per day.  This

14  section does not affect the validity of existing prior

15  agreements. After October 1, 1991, the exception provided

16  under this paragraph is not available to a developer or other

17  appropriate entity.

18         (d)  Paragraphs (a) and (b) do not apply to any

19  proposed residential subdivision with more than 50 lots or to

20  any proposed commercial subdivision with more than 5 lots

21  where a publicly owned or investor-owned sewerage system is

22  available.  It is the intent of this paragraph not to allow

23  development of additional proposed subdivisions in order to

24  evade the requirements of this paragraph.  The department

25  shall report to the Legislature by February 1 of each

26  odd-numbered year concerning the success in meeting this

27  intent.

28         (e)  Onsite sewage treatment and disposal systems must

29  not be placed closer than:

30         1.  Seventy-five feet from a private potable well.

31


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                                         HB 1993, Second Engrossed



  1         2.  Two hundred feet from a public potable well serving

  2  a residential or nonresidential establishment having a total

  3  sewage flow of greater than 2,000 gallons per day.

  4         3.  One hundred feet from a public potable well serving

  5  a residential or nonresidential establishment having a total

  6  sewage flow of less than or equal to 2,000 gallons per day.

  7         4.  Seventy-five feet from surface waters.

  8         4.5.  Fifty feet from any nonpotable well.

  9         5.6.  Ten feet from any storm sewer pipe, to the

10  maximum extent possible, but in no instance shall the setback

11  be less than 5 feet.

12         6.  Seventy-five feet from the mean high-water line of

13  a tidally influenced surface water body;

14         7.  Seventy-five feet from the normal annual flood line

15  of a permanent nontidal surface water body;

16         8. 7.  Fifteen feet from the design high water line of

17  retention areas, detention areas, or swales designed to

18  contain standing or flowing water for less than 72 hours after

19  a rainfall or the design high water level of normally dry

20  drainage ditches or normally dry individual lot stormwater

21  retention areas.

22         (f)  Except as provided under paragraphs (e) and (t),

23  no limitations shall be imposed by rule, relating to the

24  distance between an onsite disposal system and any area that

25  either permanently or temporarily has visible surface water.

26         (g)(f)  All provisions of this section and rules

27  adopted under this section relating to soil condition, water

28  table elevation, distance, and other setback requirements must

29  be equally applied to all lots, with the following exceptions:

30         1.  Any residential lot that was platted and recorded

31  on or after January 1, 1972, or that is part of a residential


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                                         HB 1993, Second Engrossed



  1  subdivision that was approved by the appropriate permitting

  2  agency on or after January 1, 1972, and that was eligible for

  3  an onsite sewage treatment and disposal system construction

  4  permit on the date of such platting and recording or approval

  5  shall be eligible for an onsite sewage treatment and disposal

  6  system construction permit, regardless of when the application

  7  for a permit is made. If rules in effect at the time the

  8  permit application is filed cannot be met, residential lots

  9  platted and recorded or approved on or after January 1, 1972,

10  shall, to the maximum extent possible, comply with the rules

11  in effect at the time the permit application is filed.  At a

12  minimum, however, those residential lots platted and recorded

13  or approved on or after January 1, 1972, but before January 1,

14  1983, shall comply with those rules in effect on January 1,

15  1983, and those residential lots platted and recorded or

16  approved on or after January 1, 1983, shall comply with those

17  rules in effect at the time of such platting and recording or

18  approval.  In determining the maximum extent of compliance

19  with current rules that is possible, the department shall

20  allow structures and appurtenances thereto which were

21  authorized at the time such lots were platted and recorded or

22  approved.

23         2.  Lots platted before 1972 are subject to a 50-foot

24  minimum surface water setback and are not subject to lot size

25  requirements.  The projected daily flow for domestic onsite

26  sewage treatment and disposal systems for lots platted before

27  1972 may not exceed:

28         a.  Two thousand five hundred gallons per acre per day

29  for lots served by public water systems as defined in s.

30  403.852.

31


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                                         HB 1993, Second Engrossed



  1         b.  One thousand five hundred gallons per acre per day

  2  for lots served by water systems regulated under s. 381.0062.

  3         (h)(g)1.  The department may grant variances in

  4  hardship cases which may be less restrictive than the

  5  provisions specified in this section.  If a variance is

  6  granted and the onsite sewage treatment and disposal system

  7  construction permit has been issued, the variance may be

  8  transferred with the system construction permit, if the

  9  transferee files, within 60 days after the transfer of

10  ownership, an amended construction permit application

11  providing all corrected information and proof of ownership of

12  the property and if the same variance would have been required

13  for the new owner of the property as was originally granted to

14  the original applicant for the variance.  There is no fee

15  associated with the processing of this supplemental

16  information.  A variance may not be granted under this section

17  until the department is satisfied that:

18         a.  The hardship was not caused intentionally by the

19  action of the applicant;

20         b.  No reasonable alternative, taking into

21  consideration factors such as cost, exists for the treatment

22  of the sewage; and

23         c.  The discharge from the onsite sewage treatment and

24  disposal system will not adversely affect the health of the

25  applicant or the public or significantly degrade the

26  groundwater or surface waters.

27

28  Where soil conditions, water table elevation, and setback

29  provisions are determined by the department to be

30  satisfactory, special consideration must be given to those

31  lots platted before 1972.


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                                         HB 1993, Second Engrossed



  1         2.  The department shall appoint and staff a variance

  2  review and advisory committee, which shall meet monthly to

  3  recommend agency action on variance requests. The committee

  4  shall make its recommendations on variance requests at the

  5  meeting in which the application is scheduled for

  6  consideration, except for an extraordinary change in

  7  circumstances, the receipt of new information that raises new

  8  issues, or when the applicant requests an extension. The

  9  committee shall consider the criteria in subparagraph 1. in

10  its recommended agency action on variance requests and shall

11  also strive to allow property owners the full use of their

12  land where possible. The committee consists of the following:

13         a.  The Division Director for Environmental Health of

14  the department or his or her designee.

15         b.  A representative from the county health

16  departments.

17         c.  A representative from the home building industry

18  recommended by the Florida Home Builders Association.

19         d.  A representative from the septic tank industry

20  recommended by the Florida Septic Tank Association.

21         e.  A representative from the Department of

22  Environmental Protection.

23         f.  A representative from the real estate industry who

24  is also a developer in this state who develops lots using

25  onsite sewage treatment and disposal systems, recommended by

26  the Florida Association of Realtors.

27         g.  A representative from the engineering profession

28  recommended by the Florida Engineering Society.

29

30  Members shall be appointed for a term of 3 years, with such

31  appointments being staggered so that the terms of no more than


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                                         HB 1993, Second Engrossed



  1  two members expire in any one year.  Members shall serve

  2  without remuneration, but if requested, shall be reimbursed

  3  for per diem and travel expenses as provided in s. 112.061.

  4         (i)(h)  A construction permit may not be issued for an

  5  onsite sewage treatment and disposal system in any area zoned

  6  or used for industrial or manufacturing purposes, or its

  7  equivalent, where a publicly owned or investor-owned sewage

  8  treatment system is available, or where a likelihood exists

  9  that the system will receive toxic, hazardous, or industrial

10  waste.  An existing onsite sewage treatment and disposal

11  system may be repaired if a publicly owned or investor-owned

12  sewerage system is not available within 500 feet of the

13  building sewer stub-out and if system construction and

14  operation standards can be met.  This paragraph does not

15  require publicly owned or investor-owned sewerage treatment

16  systems to accept anything other than domestic wastewater.

17         1.  A building located in an area zoned or used for

18  industrial or manufacturing purposes, or its equivalent, when

19  such building is served by an onsite sewage treatment and

20  disposal system, must not be occupied until the owner or

21  tenant has obtained written approval from the department.  The

22  department shall not grant approval when the proposed use of

23  the system is to dispose of toxic, hazardous, or industrial

24  wastewater or toxic or hazardous chemicals.

25         2.  Each person who owns or operates a business or

26  facility in an area zoned or used for industrial or

27  manufacturing purposes, or its equivalent, or who owns or

28  operates a business that has the potential to generate toxic,

29  hazardous, or industrial wastewater or toxic or hazardous

30  chemicals, and uses an onsite sewage treatment and disposal

31  system that is installed on or after July 5, 1989, must obtain


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                                         HB 1993, Second Engrossed



  1  an annual system operating permit from the department.  A

  2  person who owns or operates a business that uses an onsite

  3  sewage treatment and disposal system that was installed and

  4  approved before July 5, 1989, need not obtain a system

  5  operating permit. However, upon change of ownership or

  6  tenancy, the new owner or operator must notify the department

  7  of the change, and the new owner or operator must obtain an

  8  annual system operating permit, regardless of the date that

  9  the system was installed or approved.

10         3.  The department shall periodically review and

11  evaluate the continued use of onsite sewage treatment and

12  disposal systems in areas zoned or used for industrial or

13  manufacturing purposes, or its equivalent, and may require the

14  collection and analyses of samples from within and around such

15  systems.  If the department finds that toxic or hazardous

16  chemicals or toxic, hazardous, or industrial wastewater have

17  been or are being disposed of through an onsite sewage

18  treatment and disposal system, the department shall initiate

19  enforcement actions against the owner or tenant to ensure

20  adequate cleanup, treatment, and disposal.

21         (j)(i)  An onsite sewage treatment and disposal system

22  for a single-family residence that is designed by a

23  professional engineer registered in the state and certified by

24  such engineer as complying with performance criteria adopted

25  by the department must be approved by the department subject

26  to the following:

27         1.  The performance criteria applicable to

28  engineer-designed systems must be limited to those necessary

29  to ensure that such systems do not adversely affect the public

30  health or significantly degrade the groundwater or surface

31  water.  Such performance criteria shall include consideration


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                                         HB 1993, Second Engrossed



  1  of the quality of system effluent, the proposed total sewage

  2  flow per acre, wastewater treatment capabilities of the

  3  natural or replaced soil, water quality classification of the

  4  potential surface-water-receiving body, and the structural and

  5  maintenance viability of the system for the treatment of

  6  domestic wastewater.  However, performance criteria shall

  7  address only the performance of a system and not a system's

  8  design.

  9         2.  The technical review and advisory panel shall

10  assist the department in the development of performance

11  criteria applicable to engineer-designed systems.  Workshops

12  on the development of the rules delineating such criteria

13  shall commence not later than September 1, 1996, and the

14  department shall advertise such rules for public hearing no

15  later than October 1, 1997.

16         3.  A person electing to utilize an engineer-designed

17  system shall, upon completion of the system design, submit

18  such design, certified by a registered professional engineer,

19  to the county health department.  The county health department

20  may utilize an outside consultant to review the

21  engineer-designed system, with the actual cost of such review

22  to be borne by the applicant. Within 5 working days after

23  receiving an engineer-designed system permit application, the

24  county health department shall request additional information

25  if the application is not complete.  Within 15 working days

26  after receiving a complete application for an

27  engineer-designed system, the county health department either

28  shall issue the permit or, if it determines that the system

29  does not comply with the performance criteria, shall notify

30  the applicant of that determination and refer the application

31  to the department for a determination as to whether the system


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                                         HB 1993, Second Engrossed



  1  should be approved, disapproved, or approved with

  2  modification. The department engineer's determination shall

  3  prevail over the action of the county health department.  The

  4  applicant shall be notified in writing of the department's

  5  determination and of the applicant's rights to pursue a

  6  variance or seek review under the provisions of chapter 120.

  7         4.  The owner of an engineer-designed performance-based

  8  system must obtain an annual system operating permit from the

  9  department.  The department shall inspect the system at least

10  annually and may collect system-effluent samples if

11  appropriate to determine compliance with the performance

12  criteria. The fee for the annual operating permit shall be

13  collected beginning with the second year of system operation.

14         5.  If an engineer-designed system fails to properly

15  function or fails to meet performance standards, the system

16  shall be re-engineered, if necessary, to bring the system into

17  compliance with the provisions of this section.

18         (k)(j)  An innovative system may be approved in

19  conjunction with an engineer-designed site-specific system

20  which is certified by the engineer to meet the

21  performance-based criteria adopted by the department.

22         (l)(k)  For the Florida Keys, the department shall

23  adopt a special rule for the construction, installation,

24  modification, operation, repair, maintenance, and performance

25  of onsite sewage treatment and disposal systems which

26  considers the unique soil conditions and which considers water

27  table elevations, densities, and setback requirements.  On

28  lots where a setback distance of 75 feet from surface waters,

29  saltmarsh, and buttonwood association habitat areas cannot be

30  met, an injection well, approved and permitted by the

31  department, may be used for disposal of effluent from onsite


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                                         HB 1993, Second Engrossed



  1  sewage treatment and disposal systems.  The department shall

  2  require effluent from onsite sewage treatment and disposal

  3  systems to meet advanced waste treatment concentrations, as

  4  defined in s. 403.086.

  5         (m)(l)  No product sold in the state for use in onsite

  6  sewage treatment and disposal systems may contain any

  7  substance in concentrations or amounts that would interfere

  8  with or prevent the successful operation of such system, or

  9  that would cause discharges from such systems to violate

10  applicable water quality standards. The department shall

11  publish criteria for products known or expected to meet the

12  conditions of this paragraph. In the event a product does not

13  meet such criteria, such product may be sold if the

14  manufacturer satisfactorily demonstrates to the department

15  that the conditions of this paragraph are met.

16         (n)(m)  Evaluations for determining the seasonal

17  high-water table elevations or the suitability of soils for

18  the use of a new onsite sewage treatment and disposal system

19  shall be performed by department personnel, professional

20  engineers registered in the state, or such other persons with

21  expertise, as defined by rule, in making such evaluations.

22  Evaluations for determining mean annual flood lines shall be

23  performed by those persons identified in paragraph (2)(i). The

24  department shall accept evaluations submitted by professional

25  engineers and such other persons as meet the expertise

26  established by this section or by rule unless the department

27  has a reasonable scientific basis for questioning the accuracy

28  or completeness of the evaluation.

29         (o)(n)  The department shall appoint a research review

30  and advisory committee, which shall meet at least

31  semiannually.  The committee shall advise the department on


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                                         HB 1993, Second Engrossed



  1  directions for new research, review and rank proposals for

  2  research contracts, and review draft research reports and make

  3  comments.  The committee is comprised of:

  4         1.  A representative of the Division of Environmental

  5  Health of the Department of Health.

  6         2.  A representative from the septic tank industry.

  7         3.  A representative from the home building industry.

  8         4.  A representative from an environmental interest

  9  group.

10         5.  A representative from the State University System,

11  from a department knowledgeable about onsite sewage treatment

12  and disposal systems.

13         6.  A professional engineer registered in this state

14  who has work experience in onsite sewage treatment and

15  disposal systems.

16         7.  A representative from the real estate profession.

17         8.  A representative from the restaurant industry.

18         9.  A consumer.

19

20  Members shall be appointed for a term of 3 years, with the

21  appointments being staggered so that the terms of no more than

22  four members expire in any one year.  Members shall serve

23  without remuneration, but are entitled to reimbursement for

24  per diem and travel expenses as provided in s. 112.061.

25         (p)(o)  An application for an onsite sewage treatment

26  and disposal system permit shall be completed in full, signed

27  by the owner or the owner's authorized representative, or by a

28  contractor licensed under chapter 489, and shall be

29  accompanied by all required exhibits and fees.  No specific

30  documentation of property ownership shall be required as a

31  prerequisite to the review of an application or the issuance


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                                         HB 1993, Second Engrossed



  1  of a permit.  The issuance of a permit does not constitute

  2  determination by the department of property ownership.

  3         (q)(p)  The department may not require any form of

  4  subdivision analysis of property by an owner, developer, or

  5  subdivider prior to submission of an application for an onsite

  6  sewage treatment and disposal system.

  7         (r)(q)  Nothing in this section limits the power of a

  8  municipality or county to enforce other laws for the

  9  protection of the public health and safety.

10         (s)(r)  In the siting of onsite sewage treatment and

11  disposal systems, including drainfields, shoulders, and

12  slopes, guttering shall not be required on single-family

13  residential dwelling units for systems located greater than 5

14  feet from the roof drip line of the house.  If guttering is

15  used on residential dwelling units, the downspouts shall be

16  directed away from the drainfield.

17         (t)(s)  Notwithstanding the provisions of subparagraph

18  (f)1., onsite sewage treatment and disposal systems located in

19  floodways of the Suwannee and Aucilla Rivers must adhere to

20  the following requirements:

21         1.  The absorption surface of the drainfield shall not

22  be subject to flooding based on 10-year flood elevations.

23  Provided, however, for lots or parcels created by the

24  subdivision of land in accordance with applicable local

25  government regulations prior to January 17, 1990, if an

26  applicant cannot construct a drainfield system with the

27  absorption surface of the drainfield at an elevation equal to

28  or above 10-year flood elevation, the department shall issue a

29  permit for an onsite sewage treatment and disposal system

30  within the 10-year floodplain of rivers, streams, and other

31


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                                         HB 1993, Second Engrossed



  1  bodies of flowing water if all of the following criteria are

  2  met:

  3         a.  The lot is at least one-half acre in size;

  4         b.  The bottom of the drainfield is at least 36 inches

  5  above the 2-year flood elevation; and

  6         c.  The applicant installs either:  a waterless,

  7  incinerating, or organic waste composting toilet and a

  8  graywater system and drainfield in accordance with department

  9  rules; an aerobic treatment unit and drainfield in accordance

10  with department rules; a system approved by the State Health

11  Office that is capable of reducing effluent nitrate by at

12  least 50 percent; or a system approved by the county health

13  department pursuant to department rule other than a system

14  using alternative drainfield materials.  The United States

15  Department of Agriculture Soil Conservation Service soil maps,

16  State of Florida Water Management District data, and Federal

17  Emergency Management Agency Flood Insurance maps are resources

18  that shall be used to identify flood-prone areas.

19         2.  The use of fill or mounding to elevate a drainfield

20  system out of the 10-year floodplain of rivers, streams, or

21  other bodies of flowing water shall not be permitted if such a

22  system lies within a regulatory floodway of the Suwannee and

23  Aucilla Rivers.  In cases where the 10-year flood elevation

24  does not coincide with the boundaries of the regulatory

25  floodway, the regulatory floodway will be considered for the

26  purposes of this subsection to extend at a minimum to the

27  10-year flood elevation.

28         Section 2.  Paragraph (k) of subsection (2) of section

29  381.0066, Florida Statutes, is amended to read:

30         381.0066  Onsite sewage treatment and disposal systems;

31  fees.--


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                                         HB 1993, Second Engrossed



  1         (1)  The department may collect fees for services

  2  provided with respect to onsite sewage treatment and disposal

  3  systems.  The total fees assessed under this section must be

  4  sufficient to meet the cost of administering this section and

  5  ss. 381.0065 and 381.00655.

  6         (2)  The minimum fees in the following fee schedule

  7  apply until changed by rule by the department within the

  8  following limits:

  9         (k)  Research:  An additional $5 fee shall be added to

10  each new system construction permit issued during fiscal years

11  1996-2002 to be used for onsite sewage treatment and disposal

12  system research, demonstration, and training projects. Five

13  dollars from any repair permit fee collected under this

14  section shall be used for funding the hands-on training

15  centers described in s. 381.0065(3)(j).

16

17  The funds collected pursuant to this subsection must be

18  deposited in a trust fund administered by the department, to

19  be used for the purposes stated in this section and ss.

20  381.0065 and 381.00655.

21         Section 3.  By February 1, 2000, the department is to

22  report to the Legislature its findings from a scientific

23  research project, applicable to Florida soils, on the

24  appropriate setback of an onsite sewage treatment and disposal

25  system to a seasonally inundated area so as to assure the

26  system does not adversely affect public health or

27  significantly degrade the groundwater or surface waters of the

28  state. For purposes of the study, the term "seasonally

29  inundated area" shall mean:

30         Specific soil mapping units, of at least 0.025

31         acre, that are classified in the Soil Legend of


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                                         HB 1993, Second Engrossed



  1         the applicable USDA Natural Resource

  2         Conservation Service (NRCS) Florida county soil

  3         survey as frequently flooded, ponded,

  4         depressional or slough, that are described in

  5         the Detailed Soil Map Units of the applicable

  6         NRCS Florida county soil survey as very poorly

  7         drained; or that are classified in the Soil

  8         Legend of the NRCS county soil survey for

  9         Taylor County as commonly flooded. The accuracy

10         of any soil mapping unit designated for a

11         specific site may be field-verified using NRCS

12         soil survey methodologies by a soil scientist

13         or soil classifier certified by the American

14         Registry of Certified Professionals in

15         Agronomy, Crops, and Soils, a soil scientist

16         employed by NRCS, a licensed professional

17         engineer experienced in utilizing NRCS soil

18         survey methodologies, or at the applicant's

19         option, department personnel. Where the

20         department can authorize construction of an

21         onsite sewage treatment and disposal system

22         taking into account the seasonally inundated

23         area, field verification is not a precondition

24         to permit issuance. An area shall not be

25         considered a seasonally inundated area if it

26         has been physically altered, or will be

27         physically altered before an onsite sewage

28         treatment and disposal system is operated, in a

29         manner that prevents future seasonal

30         inundation, provided that such physical

31         alteration is not unlawful.


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                                         HB 1993, Second Engrossed



  1

  2  If the department chooses to retain an outside consultant, the

  3  requirement for contracting the project pursuant to s.

  4  381.0065(3)(j), shall be met. Any research findings made as a

  5  result of the project will be reviewed by the research review

  6  and advisory committee and the technical review advisory

  7  panel. Any comments made by either group will be submitted

  8  along with the report to the Legislature. In addition, the

  9  technical review advisory panel may provide technical

10  assistance and recommendations to the Secretaries of the

11  Department of Environmental Protection, Department of Health,

12  and the Department of Community Affairs in their consideration

13  of whether the current planning and permitting processes

14  applied to the use, design and placement of onsite sewage

15  treatment and disposal systems adequately address their

16  impacts, including the process of onsite sewage treatment and

17  disposal systems in which area-wide impacts, including

18  cumulative impacts, warrant development of additional

19  standards or criteria through statutory or rule changes; and,

20  whether existing processes can or should be modified to reduce

21  costs and increase predictability, efficiency and

22  effectiveness in the use, design and placement of onsite

23  sewage treatment and disposal systems. Any  conclusions

24  reached by either the technical review advisory panel or the

25  Secretaries should be supported by research and scientific

26  justification applicable to Florida conditions.

27         Section 4.  Notwithstanding any provision of chapter

28  380, part I, to the contrary, a local government within the

29  Florida Keys area of critical state concern may enact an

30  ordinance that:

31


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                                         HB 1993, Second Engrossed



  1         (1)  Requires connection to a central sewerage system

  2  within 30 days of notice of availability of services; and

  3         (2)  Provides a definition of onsite sewage treatment

  4  and disposal systems that does not exclude package sewage

  5  treatment facilities if such facilities are in full compliance

  6  with all regulatory requirements and treat sewage to advanced

  7  wastewater treatment standards or utilize effluent reuse as

  8  their primary method of effluent disposal.

  9         Section 5.  Definition of terms used in this act.--As

10  used in this act, the term "existing" means permitted by the

11  Department of Environmental Protection or the Department of

12  Health as of the effective date of this act.

13         Section 6.  Sewage requirements in Monroe County.--

14         (1)  The provisions of this section apply to all sewage

15  treatment, reuse, and disposal facilities and all onsite

16  sewage treatment and disposal systems in Monroe County, except

17  as provided in subsection (8):

18         (2)  No new or expanded discharges shall be allowed

19  into surface waters.

20         (3)  Existing surface water discharges shall be

21  eliminated before July 1, 2006.

22         (4)  Existing sewage facilities that discharge to other

23  than surface waters and existing onsite sewage treatment and

24  disposal systems shall cease discharge or shall comply with

25  the applicable treatment requirements of subsection (6) by

26  July 1, 2010, and with the rules of the Department of

27  Environmental Protection or the Department of Health, as

28  applicable.

29         (5)  All new or expanded discharges into other than

30  surface waters and all onsite sewage treatment and disposal

31  systems permitted after the effective date of this act shall


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                                         HB 1993, Second Engrossed



  1  comply with the requirements of subsection (6) and with the

  2  rules of the Department of Environmental Protection or the

  3  Department of Health, as applicable.

  4         (6)(a)  Sewage facilities with design capacities

  5  greater than or equal to 100,000 gallons per day that do not

  6  discharge to surface waters shall provide basic disinfection

  7  as defined by Department of Environmental Protection rule and

  8  the level of treatment that will produce an effluent that

  9  contains not more, on a permitted annual average basis, than

10  the following concentrations:

11         1.  Biochemical Oxygen Demand (CBOD5) of 5 mg/l.

12         2.  Suspended Solids of 5 mg/l.

13         3.  Total Nitrogen, expressed as N, of 3 mg/l.

14         4.  Total Phosphorus, expressed as P, of 1 mg/l.

15         (b)  Sewage facilities with design capacities less than

16  100,000 gallons per day that do not discharge to surface

17  waters shall provide basic disinfection as defined by

18  Department of Environmental Protection rule and the level of

19  treatment that will produce an effluent that contains not

20  more, on a permitted annual average basis, than the following

21  concentrations:

22         1.  Biochemical Oxygen Demand (CBOD5) of 10 mg/l.

23         2.  Suspended Solids of 10 mg/l.

24         3.  Total Nitrogen, expressed as N, of 10 mg/l.

25         4.  Total Phosphorus, expressed as P, of 1 mg/l.

26         (c)  Onsite sewage treatment and disposal systems shall

27  provide the level of treatment that will produce an effluent

28  that contains not more, on a permitted annual average basis,

29  than the following concentrations:

30         1.  Biochemical Oxygen Demand (CBOD5) of 10 mg/l.

31         2.  Suspended Solids of 10 mg/l.


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                                         HB 1993, Second Engrossed



  1         3.  Total Nitrogen, expressed as N, of 10 mg/l.

  2         4.  Total Phosphorus, expressed as P, of 1 mg/l.

  3

  4  In addition, onsite sewage treatment and disposal systems

  5  discharging to injection wells shall provide basic

  6  disinfection as defined by Department of Health rule.

  7         (7)  Class V injection wells, as defined by Department

  8  of Environmental Protection or Department of Health rule,

  9  shall meet the following requirements and shall otherwise

10  comply with Department of Environmental Protection or

11  Department of Health rules, as applicable:

12         (a)  If the design capacity of the facility is less

13  than 1,000,000 gallons per day, the injection well shall be at

14  least 90 feet deep and cased to a minimum depth of 60 feet or

15  to such greater cased depth and total well depth as may be

16  required by Department of Environmental Protection rule.

17         (b)  If the design capacity of the facility is equal to

18  or greater than 1,000,000 gallons per day, the injection well

19  shall be cased to a minimum depth of 2,000 feet or to such

20  greater depth as may be required by Department of

21  Environmental Protection rule.

22         (8)  The requirements of subsections (2)-(7) do not

23  apply to the following:

24         (a)  Class 1 injection wells as defined by Department

25  of Environmental Protection rule, including any authorized

26  mechanical integrity tests.

27         (b)  Authorized mechanical integrity tests associated

28  with Class V wells as defined by Department of Environmental

29  Protection rule.

30

31


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                                         HB 1993, Second Engrossed



  1         (c)  The following types of reuse systems authorized by

  2  Department of Environmental Protection domestic wastewater

  3  rules:

  4         1.  Slow-rate land application systems;

  5         2.  Industrial uses of reclaimed water; and

  6         3.  Use of reclaimed water for toilet flushing, fire

  7  protection, vehicle washing, construction dust control, and

  8  decorative water features.

  9

10  However, disposal systems serving as backups to reuse systems

11  shall comply with the other provisions of this act.

12         (9)  If it is demonstrated that a discharge, even if it

13  is otherwise in compliance with this act or chapter 403,

14  Florida Statutes, will cause or contribute to a violation of

15  state water quality standards, the Department of Environmental

16  Protection shall:

17         (a)  Require more stringent effluent limitations;

18         (b)  Order the point or method of discharge changed;

19         (c)  Limit the duration or volume of the discharge; or

20         (d)  Prohibit the discharge.

21         (10)  All sewage treatment facilities shall monitor

22  effluent for total nitrogen and total phosphorus concentration

23  as required by Department of Environmental Protection rule

24  beginning October 1, 1999.  All onsite sewage treatment and

25  disposal systems issued a construction permit after the

26  effective date of this act shall be monitored for total

27  nitrogen and total phosphorus concentrations as required by

28  Department of Health rule.

29         (11)  The Department of Environmental Protection shall

30  require the levels of operator certification and staffing

31  necessary to ensure proper operation and maintenance of sewage


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                                         HB 1993, Second Engrossed



  1  facilities.  The Department of Health shall ensure proper

  2  operation and maintenance of onsite sewage treatment and

  3  disposal systems.

  4         (12)  The Department of Environmental Protection and

  5  the Department of Health shall adopt rules necessary to carry

  6  out the provisions of this act.

  7         Section 7.  Paragraph (k) of subsection (4) of section

  8  381.0065, Florida Statutes, 1998 Supplement, is amended to

  9  read:

10         381.0065  Onsite sewage treatment and disposal systems;

11  regulation.--

12         (4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person

13  may not construct, repair, modify, abandon, or operate an

14  onsite sewage treatment and disposal system without first

15  obtaining a permit approved by the department. The department

16  may issue permits to carry out this section.  A construction

17  permit is valid for 18 months from the issuance date and may

18  be extended by the department for one 90-day period under

19  rules adopted by the department.  A repair permit is valid for

20  90 days from the date of issuance. An operating permit must be

21  obtained prior to the use of any aerobic treatment unit or if

22  the establishment generates commercial waste. Buildings or

23  establishments that use an aerobic treatment unit or generate

24  commercial waste shall be inspected by the department at least

25  annually to assure compliance with the terms of the operating

26  permit. The operating permit is valid for 1 year from the date

27  of issuance and must be renewed annually.  If all information

28  pertaining to the siting, location, and installation

29  conditions or repair of an onsite sewage treatment and

30  disposal system remains the same, a construction or repair

31  permit for the onsite sewage treatment and disposal system may


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                                         HB 1993, Second Engrossed



  1  be transferred to another person, if the transferee files,

  2  within 60 days after the transfer of ownership, an amended

  3  application providing all corrected information and proof of

  4  ownership of the property.  There is no fee associated with

  5  the processing of this supplemental information.  A person may

  6  not contract to construct, modify, alter, repair, service,

  7  abandon, or maintain any portion of an onsite sewage treatment

  8  and disposal system without being registered under part III of

  9  chapter 489.  A property owner who personally performs

10  construction, maintenance, or repairs to a system serving his

11  or her own owner-occupied single-family residence is exempt

12  from registration requirements for performing such

13  construction, maintenance, or repairs on that residence, but

14  is subject to all permitting requirements. A municipality or

15  political subdivision of the state may not issue a building or

16  plumbing permit for any building that requires the use of an

17  onsite sewage treatment and disposal system unless the owner

18  or builder has received a construction permit for such system

19  from the department. A building or structure may not be

20  occupied and a municipality, political subdivision, or any

21  state or federal agency may not authorize occupancy until the

22  department approves the final installation of the onsite

23  sewage treatment and disposal system. A municipality or

24  political subdivision of the state may not approve any change

25  in occupancy or tenancy of a building that uses an onsite

26  sewage treatment and disposal system until the department has

27  reviewed the use of the system with the proposed change,

28  approved the change, and amended the operating permit.

29         (k)  For the Florida Keys, the department shall adopt a

30  special rule for the construction, installation, modification,

31  operation, repair, maintenance, and performance of onsite


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                                         HB 1993, Second Engrossed



  1  sewage treatment and disposal systems which considers the

  2  unique soil conditions and which considers water table

  3  elevations, densities, and setback requirements.  On lots

  4  where a setback distance of 75 feet from surface waters,

  5  saltmarsh, and buttonwood association habitat areas cannot be

  6  met, an injection well, approved and permitted by the

  7  department, may be used for disposal of effluent from onsite

  8  sewage treatment and disposal systems. The department shall

  9  require effluent from onsite sewage treatment and disposal

10  systems to meet advanced waste treatment concentrations, as

11  defined in s. 403.086.

12         Section 8.  No later than January 1, 2003, the

13  Department of Environmental Protection and the Department of

14  Health shall report to the Governor, the President of the

15  Senate, and the Speaker of the House on the then current state

16  of sewage treatment technology.  The report shall address the

17  treatment capabilities and operational and maintenance

18  requirements of various sizes and types of sewage facilities

19  and onsite sewage treatment and disposal systems, with special

20  attention given to individual systems and facilities designed

21  to treat 100,000 gallons per day or less of sewage.  The

22  report shall also address the status of research on the fate

23  and transport of nutrients after injection, and shall provide

24  an overall assessment of water quality in Monroe County and

25  include recommendations for changes to the sewage collection,

26  treatment, and disposal requirements in Monroe County.

27         Section 9.  No later than January 1, 2003, Monroe

28  County and the Florida Keys Aqueduct Authority shall report to

29  the Governor, the President of the Senate, and the Speaker of

30  the House of Representatives on the implementation of charges,

31  fees, and assessments related to sewage collection, treatment,


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                                         HB 1993, Second Engrossed



  1  and disposal in Monroe County, and on implementation of the

  2  Monroe County Wastewater Master Plan.

  3         Section 10.  This act shall take effect upon becoming a

  4  law.

  5

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