CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 2288

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Laurent moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14          Delete everything after the enacting clause

15

16  and insert:

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

18  381.0065, Florida Statutes, 1998 Supplement, are amended to

19  read:

20         381.0065  Onsite sewage treatment and disposal systems;

21  regulation.--

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

23  the term:

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

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

26  or investor-owned sewerage system is capable of being

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

28  not under a Department of Environmental Protection moratorium,

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

30  generated by the establishment or residence; and:

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2288

    Amendment No.    





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

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

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

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

 5  in those areas approved for low pressure or vacuum sewage

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

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

 8  establishment.

 9         2.  For an establishment with an estimated sewage flow

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

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

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

13  of the property line of the establishment as accessed via

14  existing rights-of-way or easements.

15         3.  For proposed residential subdivisions with more

16  than 50 lots, for proposed commercial subdivisions with more

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

18  manufacturing purpose or its equivalent, a sewerage system

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

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

21         4.  For repairs or modifications within areas zoned or

22  used for an industrial or manufacturing purpose or its

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

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

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

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

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

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

29  wastewater, including bath and toilet waste, residential

30  laundry waste, residential kitchen waste, and other similar

31  waste from appurtenances at a residence or establishment.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2288

    Amendment No.    





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

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

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

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

 5  located within the boundaries of Monroe County.

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

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

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

 9  sewage treatment and disposal system.

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

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

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

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

14  sound scientific and engineering principles under climatic and

15  soil conditions found in this state.

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

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

18  least fractional part of subdivided lands having limited fixed

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

20  description by which it can be identified.

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

22  determined by calculating the arithmetic mean of the

23  elevations of the highest yearly flood stage or discharge for

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

25  10-year period. If at least 10 years of data is not available,

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

27  the data available and field verification conducted by a

28  certified professional surveyor and mapper with experience in

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

30  option of the applicant, by department personnel. Field

31  verification of the mean annual flood line shall be performed

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2288

    Amendment No.    





 1  using a combination of those indicators listed in

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

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

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

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

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

 7  indicators that may be considered are:

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

 9  other fixed objects;

10         2.  Hydric adventitious roots;

11         3.  Drift lines;

12         4.  Rafted debris;

13         5.  Aquatic mosses and liverworts;

14         6.  Moss collars; and

15         7.  Lichen lines.

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

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

18  mound drainfield system; an aerobic treatment unit; a

19  graywater system tank; a laundry wastewater system tank; a

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

21  effluent pump; a waterless, incinerating, or organic

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

23  installed or proposed to be installed beyond the building

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

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

26  include package sewage treatment facilities and other

27  treatment works regulated under chapter 403.

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

29  perennial stream, a perennial river, an intermittent stream, a

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2288

    Amendment No.    





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

 2  produced by the United States Geological Survey. "Permanent

 3  nontidal surface water body" shall also mean an artificial

 4  surface water body that does not have an impermeable bottom

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

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

 7  nontidal surface water body that is drained, either naturally

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

 9  drainage be temporary, shall be considered a permanent

10  nontidal surface water body. A nontidal surface water body

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

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

13  will be permanent, shall not be considered a permanent

14  nontidal surface water body. The boundary of a permanent

15  nontidal surface water body shall be the mean annual flood

16  line.

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

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

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

20  types of backflow devices:

21         1.  For irrigation systems into which chemicals are not

22  injected, any atmospheric or pressure vacuum breaker or double

23  check valve or any detector check assembly.

24         2.  For irrigation systems into which chemicals such as

25  fertilizers, pesticides, or herbicides are injected, any

26  reduced pressure backflow preventer.

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

28  materials, human feces, and wastewater removed during the

29  pumping of an onsite sewage treatment and disposal system.

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2288

    Amendment No.    





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

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

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

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

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

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

 7  submitted to the local government for subdivision approval or,

 8  in those areas where no local government subdivision approval

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

10  recorded.

11         (p)(m)  "Tidally influenced surface water body" means a

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

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

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

15  bayheads, cypress ponds and sloughs, and natural or

16  constructed ponds contained within a recognizable boundary.

17  This does not include retention or detention areas designed to

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

19  a rainfall.

20         (q)(n)  "Toxic or hazardous chemical" means a substance

21  that poses a serious danger to human health or the

22  environment.

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

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

25  onsite sewage treatment and disposal system without first

26  obtaining a permit approved by the department. The department

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

28  make the issuance of such permits contingent upon prior

29  approval by the Department of Environmental Protection. A

30  construction permit is valid for 18 months from the issuance

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2288

    Amendment No.    





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

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

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

 4  treatment unit or if the establishment generates commercial

 5  waste. Buildings or establishments that use an aerobic

 6  treatment unit or generate commercial waste shall be inspected

 7  by the department at least annually to assure compliance with

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

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

10  annually.  If all information pertaining to the siting,

11  location, and installation conditions or repair of an onsite

12  sewage treatment and disposal system remains the same, a

13  construction or repair permit for the onsite sewage treatment

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

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

16  ownership, an amended application providing all corrected

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

18  no fee associated with the processing of this supplemental

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

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

21  onsite sewage treatment and disposal system without being

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

23  who personally performs construction, maintenance, or repairs

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

25  single-family residence is exempt from registration

26  requirements for performing such construction, maintenance, or

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

28  requirements. A municipality or political subdivision of the

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

30  building that requires the use of an onsite sewage treatment

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2288

    Amendment No.    





 1  construction permit for such system from the department. A

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

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

 4  authorize occupancy until the department approves the final

 5  installation of the onsite sewage treatment and disposal

 6  system. A municipality or political subdivision of the state

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

 8  building that uses an onsite sewage treatment and disposal

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

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

11  operating permit.

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

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

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

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

16  parallel to the side bordering the street drawn between the

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

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

19  onsite sewage treatment and disposal systems, provided the

20  projected daily domestic sewage flow does not exceed an

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

22  satisfactory drinking water can be obtained and all distance

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

24  related requirements of this section and rules adopted under

25  this section can be met.

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

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

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

29  per acre, provided the projected daily domestic sewage flow

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2288

    Amendment No.    





 1  water table elevation, and other related requirements that are

 2  generally applicable to the use of onsite sewage treatment and

 3  disposal systems are met.

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

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

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

 7  has previously made or makes provisions, including financial

 8  assurances or other commitments, acceptable to the Department

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

10  regulated public utility based on a density formula, private

11  potable wells may be used with onsite sewage treatment and

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

13  The department may consider assurances filed with the

14  Department of Business and Professional Regulation under

15  chapter 498 in determining the adequacy of the financial

16  assurance required by this paragraph.  In a subdivision

17  regulated by this paragraph, the average daily domestic sewage

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

19  section does not affect the validity of existing prior

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

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

22  appropriate entity.

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

24  proposed residential subdivision with more than 50 lots or to

25  any proposed commercial subdivision with more than 5 lots

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

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

28  development of additional proposed subdivisions in order to

29  evade the requirements of this paragraph.  The department

30  shall report to the Legislature by February 1 of each

31  odd-numbered year concerning the success in meeting this

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2288

    Amendment No.    





 1  intent.

 2         (e)  Onsite sewage treatment and disposal systems must

 3  not be placed closer than:

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

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

 6  a residential or nonresidential establishment having a total

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

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

 9  a residential or nonresidential establishment having a total

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

11         4.  Seventy-five feet from surface waters.

12         4.5.  Fifty feet from any nonpotable well.

13         5.6.  Ten feet from any storm sewer pipe, to the

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

15  be less than 5 feet.

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

17  a tidally influenced surface water body;

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

19  of a permanent nontidal surface water body;

20         8. 7.  Fifteen feet from the design high water line of

21  retention areas, detention areas, or swales designed to

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

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

24  drainage ditches or normally dry individual lot stormwater

25  retention areas.

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

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

28  distance between an onsite disposal system and any area that

29  either permanently or temporarily has visible surface water.

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

31  adopted under this section relating to soil condition, water

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2288

    Amendment No.    





 1  table elevation, distance, and other setback requirements must

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

 3         1.  Any residential lot that was platted and recorded

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

 5  subdivision that was approved by the appropriate permitting

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

 7  an onsite sewage treatment and disposal system construction

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

 9  shall be eligible for an onsite sewage treatment and disposal

10  system construction permit, regardless of when the application

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

12  permit application is filed cannot be met, residential lots

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

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

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

16  minimum, however, those residential lots platted and recorded

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

18  1983, shall comply with those rules in effect on January 1,

19  1983, and those residential lots platted and recorded or

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

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

22  approval.  In determining the maximum extent of compliance

23  with current rules that is possible, the department shall

24  allow structures and appurtenances thereto which were

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

26  approved.

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

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

29  requirements.  The projected daily flow for domestic onsite

30  sewage treatment and disposal systems for lots platted before

31  1972 may not exceed:

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    10:54 AM   04/26/99                             s2288c1c-17r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2288

    Amendment No.    





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

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

 3  403.852.

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

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

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

 7  hardship cases which may be less restrictive than the

 8  provisions specified in this section.  If a variance is

 9  granted and the onsite sewage treatment and disposal system

10  construction permit has been issued, the variance may be

11  transferred with the system construction permit, if the

12  transferee files, within 60 days after the transfer of

13  ownership, an amended construction permit application

14  providing all corrected information and proof of ownership of

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

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

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

18  associated with the processing of this supplemental

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

20  until the department is satisfied that:

21         a.  The hardship was not caused intentionally by the

22  action of the applicant;

23         b.  No reasonable alternative, taking into

24  consideration factors such as cost, exists for the treatment

25  of the sewage; and

26         c.  The discharge from the onsite sewage treatment and

27  disposal system will not adversely affect the health of the

28  applicant or the public or significantly degrade the

29  groundwater or surface waters.

30

31  Where soil conditions, water table elevation, and setback

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2288

    Amendment No.    





 1  provisions are determined by the department to be

 2  satisfactory, special consideration must be given to those

 3  lots platted before 1972.

 4         2.  The department shall appoint and staff a variance

 5  review and advisory committee, which shall meet monthly to

 6  recommend agency action on variance requests. The committee

 7  shall make its recommendations on variance requests at the

 8  meeting in which the application is scheduled for

 9  consideration, except for an extraordinary change in

10  circumstances, the receipt of new information that raises new

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

12  committee shall consider the criteria in subparagraph 1. in

13  its recommended agency action on variance requests and shall

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

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

16         a.  The Division Director for Environmental Health of

17  the department or his or her designee.

18         b.  A representative from the county health

19  departments.

20         c.  A representative from the home building industry

21  recommended by the Florida Home Builders Association.

22         d.  A representative from the septic tank industry

23  recommended by the Florida Septic Tank Association.

24         e.  A representative from the Department of

25  Environmental Protection.

26         f.  A representative from the real estate industry who

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

28  onsite sewage treatment and disposal systems, recommended by

29  the Florida Association of Realtors.

30         g.  A representative from the engineering profession

31  recommended by the Florida Engineering Society.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2288

    Amendment No.    





 1

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

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

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

 5  without remuneration, but if requested, shall be reimbursed

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

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

 8  onsite sewage treatment and disposal system in any area zoned

 9  or used for industrial or manufacturing purposes, or its

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

11  treatment system is available, or where a likelihood exists

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

13  waste.  An existing onsite sewage treatment and disposal

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

15  sewerage system is not available within 500 feet of the

16  building sewer stub-out and if system construction and

17  operation standards can be met.  This paragraph does not

18  require publicly owned or investor-owned sewerage treatment

19  systems to accept anything other than domestic wastewater.

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

21  industrial or manufacturing purposes, or its equivalent, when

22  such building is served by an onsite sewage treatment and

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

24  tenant has obtained written approval from the department.  The

25  department shall not grant approval when the proposed use of

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

27  wastewater or toxic or hazardous chemicals.

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

29  facility in an area zoned or used for industrial or

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2288

    Amendment No.    





 1  hazardous, or industrial wastewater or toxic or hazardous

 2  chemicals, and uses an onsite sewage treatment and disposal

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

 4  an annual system operating permit from the department.  A

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

 6  sewage treatment and disposal system that was installed and

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

 8  operating permit. However, upon change of ownership or

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

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

11  annual system operating permit, regardless of the date that

12  the system was installed or approved.

13         3.  The department shall periodically review and

14  evaluate the continued use of onsite sewage treatment and

15  disposal systems in areas zoned or used for industrial or

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

17  collection and analyses of samples from within and around such

18  systems.  If the department finds that toxic or hazardous

19  chemicals or toxic, hazardous, or industrial wastewater have

20  been or are being disposed of through an onsite sewage

21  treatment and disposal system, the department shall initiate

22  enforcement actions against the owner or tenant to ensure

23  adequate cleanup, treatment, and disposal.

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

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

26  professional engineer registered in the state and certified by

27  such engineer as complying with performance criteria adopted

28  by the department must be approved by the department subject

29  to the following:

30         1.  The performance criteria applicable to

31  engineer-designed systems must be limited to those necessary

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    10:54 AM   04/26/99                             s2288c1c-17r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2288

    Amendment No.    





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

 2  health or significantly degrade the groundwater or surface

 3  water.  Such performance criteria shall include consideration

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

 5  flow per acre, wastewater treatment capabilities of the

 6  natural or replaced soil, water quality classification of the

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

 8  maintenance viability of the system for the treatment of

 9  domestic wastewater.  However, performance criteria shall

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

11  design.

12         2.  The technical review and advisory panel shall

13  assist the department in the development of performance

14  criteria applicable to engineer-designed systems.  Workshops

15  on the development of the rules delineating such criteria

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

17  department shall advertise such rules for public hearing no

18  later than October 1, 1997.

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

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

21  such design, certified by a registered professional engineer,

22  to the county health department.  The county health department

23  may utilize an outside consultant to review the

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

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

26  receiving an engineer-designed system permit application, the

27  county health department shall request additional information

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

29  after receiving a complete application for an

30  engineer-designed system, the county health department either

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

                                  16
    10:54 AM   04/26/99                             s2288c1c-17r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2288

    Amendment No.    





 1  does not comply with the performance criteria, shall notify

 2  the applicant of that determination and refer the application

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

 4  should be approved, disapproved, or approved with

 5  modification. The department engineer's determination shall

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

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

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

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

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

11  system must obtain an annual system operating permit from the

12  department.  The department shall inspect the system at least

13  annually and may collect system-effluent samples if

14  appropriate to determine compliance with the performance

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

16  collected beginning with the second year of system operation.

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

18  function or fails to meet performance standards, the system

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

20  compliance with the provisions of this section.

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

22  conjunction with an engineer-designed site-specific system

23  which is certified by the engineer to meet the

24  performance-based criteria adopted by the department.

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

26  adopt a special rule for the construction, installation,

27  modification, operation, repair, maintenance, and performance

28  of onsite sewage treatment and disposal systems which

29  considers the unique soil conditions and which considers water

30  table elevations, densities, and setback requirements.  On

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

                                  17
    10:54 AM   04/26/99                             s2288c1c-17r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2288

    Amendment No.    





 1  saltmarsh, and buttonwood association habitat areas cannot be

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

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

 4  sewage treatment and disposal systems.  The department shall

 5  require effluent from onsite sewage treatment and disposal

 6  systems to meet advanced waste treatment concentrations, as

 7  defined in s. 403.086.

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

 9  sewage treatment and disposal systems may contain any

10  substance in concentrations or amounts that would interfere

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

12  that would cause discharges from such systems to violate

13  applicable water quality standards. The department shall

14  publish criteria for products known or expected to meet the

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

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

17  manufacturer satisfactorily demonstrates to the department

18  that the conditions of this paragraph are met.

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

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

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

22  shall be performed by department personnel, professional

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

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

25  Evaluations for determining mean annual flood lines shall be

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

27  department shall accept evaluations submitted by professional

28  engineers and such other persons as meet the expertise

29  established by this section or by rule unless the department

30  has a reasonable scientific basis for questioning the accuracy

31  or completeness of the evaluation.

                                  18
    10:54 AM   04/26/99                             s2288c1c-17r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2288

    Amendment No.    





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

 2  and advisory committee, which shall meet at least

 3  semiannually.  The committee shall advise the department on

 4  directions for new research, review and rank proposals for

 5  research contracts, and review draft research reports and make

 6  comments.  The committee is comprised of:

 7         1.  A representative of the Division of Environmental

 8  Health of the Department of Health.

 9         2.  A representative from the septic tank industry.

10         3.  A representative from the home building industry.

11         4.  A representative from an environmental interest

12  group.

13         5.  A representative from the State University System,

14  from a department knowledgeable about onsite sewage treatment

15  and disposal systems.

16         6.  A professional engineer registered in this state

17  who has work experience in onsite sewage treatment and

18  disposal systems.

19         7.  A representative from the real estate profession.

20         8.  A representative from the restaurant industry.

21         9.  A consumer.

22

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

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

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

26  without remuneration, but are entitled to reimbursement for

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

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

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

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

31  contractor licensed under chapter 489, and shall be

                                  19
    10:54 AM   04/26/99                             s2288c1c-17r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2288

    Amendment No.    





 1  accompanied by all required exhibits and fees.  No specific

 2  documentation of property ownership shall be required as a

 3  prerequisite to the review of an application or the issuance

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

 5  determination by the department of property ownership.

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

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

 8  subdivider prior to submission of an application for an onsite

 9  sewage treatment and disposal system.

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

11  municipality or county to enforce other laws for the

12  protection of the public health and safety.

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

14  disposal systems, including drainfields, shoulders, and

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

16  residential dwelling units for systems located greater than 5

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

18  used on residential dwelling units, the downspouts shall be

19  directed away from the drainfield.

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

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

22  floodways of the Suwannee and Aucilla Rivers must adhere to

23  the following requirements:

24         1.  The absorption surface of the drainfield shall not

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

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

27  subdivision of land in accordance with applicable local

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

29  applicant cannot construct a drainfield system with the

30  absorption surface of the drainfield at an elevation equal to

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

                                  20
    10:54 AM   04/26/99                             s2288c1c-17r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2288

    Amendment No.    





 1  permit for an onsite sewage treatment and disposal system

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

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

 4  met:

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

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

 7  above the 2-year flood elevation; and

 8         c.  The applicant installs either:  a waterless,

 9  incinerating, or organic waste composting toilet and a

10  graywater system and drainfield in accordance with department

11  rules; an aerobic treatment unit and drainfield in accordance

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

13  Office that is capable of reducing effluent nitrate by at

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

15  department pursuant to department rule other than a system

16  using alternative drainfield materials.  The United States

17  Department of Agriculture Soil Conservation Service soil maps,

18  State of Florida Water Management District data, and Federal

19  Emergency Management Agency Flood Insurance maps are resources

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

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

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

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

24  system lies within a regulatory floodway of the Suwannee and

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

26  does not coincide with the boundaries of the regulatory

27  floodway, the regulatory floodway will be considered for the

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

29  10-year flood elevation.

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

31  381.0066, Florida Statutes, is amended to read:

                                  21
    10:54 AM   04/26/99                             s2288c1c-17r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2288

    Amendment No.    





 1         381.0066  Onsite sewage treatment and disposal systems;

 2  fees.--

 3         (1)  The department may collect fees for services

 4  provided with respect to onsite sewage treatment and disposal

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

 6  sufficient to meet the cost of administering this section and

 7  ss. 381.0065 and 381.00655.

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

 9  apply until changed by rule by the department within the

10  following limits:

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

12  each new system construction permit issued during fiscal years

13  1996-2002 to be used for onsite sewage treatment and disposal

14  system research, demonstration, and training projects. Five

15  dollars from any repair permit fee collected under this

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

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

18

19  The funds collected pursuant to this subsection must be

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

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

22  381.0065 and 381.00655.

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

24  report to the Legislature its findings from a scientific

25  research project, applicable to Florida soils, on the

26  appropriate setback of an onsite sewage treatment and disposal

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

28  system does not adversely affect public health or

29  significantly degrade the groundwater or surface waters of the

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

31  inundated area" shall mean:

                                  22
    10:54 AM   04/26/99                             s2288c1c-17r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2288

    Amendment No.    





 1         Specific soil mapping units, of at least 0.025

 2         acre, that are classified in the Soil Legend of

 3         the applicable USDA Natural Resource

 4         Conservation Service (NRCS) Florida county soil

 5         survey as frequently flooded, ponded,

 6         depressional or slough, that are described in

 7         the Detailed Soil Map Units of the applicable

 8         NRCS Florida county soil survey as very poorly

 9         drained; or that are classified in the Soil

10         Legend of the NRCS county soil survey for

11         Taylor County as commonly flooded. The accuracy

12         of any soil mapping unit designated for a

13         specific site may be field-verified using NRCS

14         soil survey methodologies by a soil scientist

15         or soil classifier certified by the American

16         Registry of Certified Professionals in

17         Agronomy, Crops, and Soils, a soil scientist

18         employed by NRCS, a licensed professional

19         engineer experienced in utilizing NRCS soil

20         survey methodologies, or at the applicant's

21         option, department personnel. Where the

22         department can authorize construction of an

23         onsite sewage treatment and disposal system

24         taking into account the seasonally inundated

25         area, field verification is not a precondition

26         to permit issuance. An area shall not be

27         considered a seasonally inundated area if it

28         has been physically altered, or will be

29         physically altered before an onsite sewage

30         treatment and disposal system is operated, in a

31         manner that prevents future seasonal

                                  23
    10:54 AM   04/26/99                             s2288c1c-17r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2288

    Amendment No.    





 1         inundation, provided that such physical

 2         alteration is not unlawful.

 3

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

 5  requirement for contracting the project pursuant to s.

 6  381.0065(3)(j), shall be met. Any research findings made as a

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

 8  and advisory committee and the technical review advisory

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

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

11  technical review advisory panel may provide technical

12  assistance and recommendations to the Secretaries of the

13  Department of Environmental Protection, Department of Health,

14  and the Department of Community Affairs in their consideration

15  of whether the current planning and permitting processes

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

17  treatment and disposal systems adequately address their

18  impacts, including the process of onsite sewage treatment and

19  disposal systems in which area-wide impacts, including

20  cumulative impacts, warrant development of additional

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

22  whether existing processes can or should be modified to reduce

23  costs and increase predictability, efficiency and

24  effectiveness in the use, design and placement of onsite

25  sewage treatment and disposal systems. Any  conclusions

26  reached by either the technical review advisory panel or the

27  Secretaries should be supported by research and scientific

28  justification applicable to Florida conditions.

29         Section 4.  Notwithstanding any provision of chapter

30  380, part I, to the contrary, a local government within the

31  Florida Keys area of critical state concern may enact an

                                  24
    10:54 AM   04/26/99                             s2288c1c-17r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2288

    Amendment No.    





 1  ordinance that:

 2         (1)  Requires connection to a central sewerage system

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

 4         (2)  Provides a definition of onsite sewage treatment

 5  and disposal systems that does not exclude package sewage

 6  treatment facilities if such facilities are in full compliance

 7  with all regulatory requirements and treat sewage to advanced

 8  wastewater treatment standards or utilize effluent reuse as

 9  their primary method of effluent disposal.

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

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

12  Department of Environmental Protection or the Department of

13  Health as of the effective date of this act.

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

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

16  treatment, reuse, and disposal facilities and all onsite

17  sewage treatment and disposal systems in Monroe County, except

18  as provided in subsection (8):

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

20  into surface waters.

21         (3)  Existing surface water discharges shall be

22  eliminated before July 1, 2006.

23         (4)  Existing sewage facilities that discharge to other

24  than surface waters and existing onsite sewage treatment and

25  disposal systems shall cease discharge or shall comply with

26  the applicable treatment requirements of subsection (6) by

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

28  Environmental Protection or the Department of Health, as

29  applicable.

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

31  surface waters and all onsite sewage treatment and disposal

                                  25
    10:54 AM   04/26/99                             s2288c1c-17r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2288

    Amendment No.    





 1  systems permitted after the effective date of this act shall

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

 3  rules of the Department of Environmental Protection or the

 4  Department of Health, as applicable.

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

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

 7  discharge to surface waters shall provide basic disinfection

 8  as defined by Department of Environmental Protection rule and

 9  the level of treatment that will produce an effluent that

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

11  the following concentrations:

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

13         2.  Suspended Solids of 5 mg/l.

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

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

16         (b)  Sewage facilities with design capacities less than

17  100,000 gallons per day that do not discharge to surface

18  waters shall provide basic disinfection as defined by

19  Department of Environmental Protection rule and the level of

20  treatment that will produce an effluent that contains not

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

22  concentrations:

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

24         2.  Suspended Solids of 10 mg/l.

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

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

27         (c)  Onsite sewage treatment and disposal systems shall

28  provide the level of treatment that will produce an effluent

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

30  than the following concentrations:

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

                                  26
    10:54 AM   04/26/99                             s2288c1c-17r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2288

    Amendment No.    





 1         2.  Suspended Solids of 10 mg/l.

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

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

 4

 5  In addition, onsite sewage treatment and disposal systems

 6  discharging to injection wells shall provide basic

 7  disinfection as defined by Department of Health rule.

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

 9  of Environmental Protection or Department of Health rule,

10  shall meet the following requirements and shall otherwise

11  comply with Department of Environmental Protection or

12  Department of Health rules, as applicable:

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

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

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

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

17  required by Department of Environmental Protection rule.

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

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

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

21  greater depth as may be required by Department of

22  Environmental Protection rule.

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

24  apply to the following:

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

26  of Environmental Protection rule, including any authorized

27  mechanical integrity tests.

28         (b)  Authorized mechanical integrity tests associated

29  with Class V wells as defined by Department of Environmental

30  Protection rule.

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

                                  27
    10:54 AM   04/26/99                             s2288c1c-17r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2288

    Amendment No.    





 1  Department of Environmental Protection domestic wastewater

 2  rules:

 3         1.  Slow-rate land application systems;

 4         2.  Industrial uses of reclaimed water; and

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

 6  protection, vehicle washing, construction dust control, and

 7  decorative water features.

 8

 9  However, disposal systems serving as backups to reuse systems

10  shall comply with the other provisions of this act.

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

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

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

14  state water quality standards, the Department of Environmental

15  Protection shall:

16         (a)  Require more stringent effluent limitations;

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

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

19         (d)  Prohibit the discharge.

20         (10)  All sewage treatment facilities shall monitor

21  effluent for total nitrogen and total phosphorus concentration

22  as required by Department of Environmental Protection rule

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

24  disposal systems issued a construction permit after the

25  effective date of this act shall be monitored for total

26  nitrogen and total phosphorus concentrations as required by

27  Department of Health rule.

28         (11)  The Department of Environmental Protection shall

29  require the levels of operator certification and staffing

30  necessary to ensure proper operation and maintenance of sewage

31  facilities.  The Department of Health shall ensure proper

                                  28
    10:54 AM   04/26/99                             s2288c1c-17r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2288

    Amendment No.    





 1  operation and maintenance of onsite sewage treatment and

 2  disposal systems.

 3         (12)  The Department of Environmental Protection and

 4  the Department of Health shall adopt rules necessary to carry

 5  out the provisions of this act.

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

 7  381.0065, Florida Statutes, 1998 Supplement, is amended to

 8  read:

 9         381.0065  Onsite sewage treatment and disposal systems;

10  regulation.--

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

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

13  onsite sewage treatment and disposal system without first

14  obtaining a permit approved by the department. The department

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

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

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

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

19  90 days from the date of issuance. An operating permit must be

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

21  the establishment generates commercial waste. Buildings or

22  establishments that use an aerobic treatment unit or generate

23  commercial waste shall be inspected by the department at least

24  annually to assure compliance with the terms of the operating

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

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

27  pertaining to the siting, location, and installation

28  conditions or repair of an onsite sewage treatment and

29  disposal system remains the same, a construction or repair

30  permit for the onsite sewage treatment and disposal system may

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

                                  29
    10:54 AM   04/26/99                             s2288c1c-17r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2288

    Amendment No.    





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

 2  application providing all corrected information and proof of

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

 4  the processing of this supplemental information.  A person may

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

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

 7  and disposal system without being registered under part III of

 8  chapter 489.  A property owner who personally performs

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

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

11  from registration requirements for performing such

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

13  is subject to all permitting requirements. A municipality or

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

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

16  onsite sewage treatment and disposal system unless the owner

17  or builder has received a construction permit for such system

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

19  occupied and a municipality, political subdivision, or any

20  state or federal agency may not authorize occupancy until the

21  department approves the final installation of the onsite

22  sewage treatment and disposal system. A municipality or

23  political subdivision of the state may not approve any change

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

25  sewage treatment and disposal system until the department has

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

27  approved the change, and amended the operating permit.

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

29  special rule for the construction, installation, modification,

30  operation, repair, maintenance, and performance of onsite

31  sewage treatment and disposal systems which considers the

                                  30
    10:54 AM   04/26/99                             s2288c1c-17r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2288

    Amendment No.    





 1  unique soil conditions and which considers water table

 2  elevations, densities, and setback requirements.  On lots

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

 4  saltmarsh, and buttonwood association habitat areas cannot be

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

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

 7  sewage treatment and disposal systems. The department shall

 8  require effluent from onsite sewage treatment and disposal

 9  systems to meet advanced waste treatment concentrations, as

10  defined in s. 403.086.

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

12  Department of Environmental Protection and the Department of

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

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

15  of sewage treatment technology.  The report shall address the

16  treatment capabilities and operational and maintenance

17  requirements of various sizes and types of sewage facilities

18  and onsite sewage treatment and disposal systems, with special

19  attention given to individual systems and facilities designed

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

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

22  and transport of nutrients after injection, and shall provide

23  an overall assessment of water quality in Monroe County and

24  include recommendations for changes to the sewage collection,

25  treatment, and disposal requirements in Monroe County.

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

27  County and the Florida Keys Aqueduct Authority shall report to

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

29  the House of Representatives on the implementation of charges,

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

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

                                  31
    10:54 AM   04/26/99                             s2288c1c-17r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2288

    Amendment No.    





 1  Monroe County Wastewater Master Plan.

 2

 3

 4  ================ T I T L E   A M E N D M E N T ===============

 5  And the title is amended as follows:

 6          Delete everything before the enacting clause

 7

 8  and insert:

 9                      A bill to be entitled

10         An act relating to onsite sewage and disposal

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

12         "mean annual flood line," "permanent nontidal

13         surface water body," "seasonally inundated

14         area," and "tidally influenced surface water

15         body"; providing that the Department of Health

16         shall not make the issuance of a permit to

17         construct, repair, modify, abandon, or operate

18         an onsite sewage treatment and disposal system

19         contingent upon prior approval by the

20         Department of Environmental Protection;

21         revising certain limitations with respect to

22         the placement of onsite sewage treatment and

23         disposal systems; providing that no limitations

24         shall be imposed by rule, relating to the

25         distance between an onsite disposal system and

26         any area that either permanently or temporarily

27         has viable surface water; specifying persons

28         required to perform evaluations for determining

29         mean annual flood lines and the accuracy of

30         seasonally inundated area designations;

31         amending s. 381.0066, F.S.; providing that a

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2288

    Amendment No.    





 1         specified portion of onsite sewage treatment

 2         and disposal repair permit fees shall be used

 3         for the funding of certain training centers;

 4         specifying ordinances which may be enacted by a

 5         local government within the Florida Keys area

 6         of critical state concern; providing a

 7         definition; providing specified sewage

 8         treatment and disposal system requirements in

 9         Monroe County; requiring the Department of

10         Environmental Protection and the Department of

11         Health to adopt specified rules; amending s.

12         381.0065, F.S.; eliminating a requirement that

13         specified onsite sewage treatment and disposal

14         systems meet certain advanced waste treatment

15         concentrations; requiring specified reports;

16         providing an effective date.

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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