Senate Bill 2288

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    Florida Senate - 1999                                  SB 2288

    By Senator Laurent





    17-1096-99

  1                      A bill to be entitled

  2         An act relating to onsite sewage treatment and

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

  4         defining the terms "normal annual floodwater

  5         line," "permanent nontidal surface water body,"

  6         "seasonally inundated area," and "tidally

  7         influenced surface water body"; revising

  8         permitting and siting regulations; amending s.

  9         381.0066, F.S.; providing for the use of

10         specified fees for funding a training center;

11         providing an effective date.

12

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

14

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

16  381.0065, Florida Statutes, 1998 Supplement, are amended to

17  read:

18         381.0065  Onsite sewage treatment and disposal systems;

19  regulation.--

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

21  the term:

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

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

24  or investor-owned sewerage system is capable of being

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

26  not under a Department of Environmental Protection moratorium,

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

28  generated by the establishment or residence; and:

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

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

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

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

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

  3  in those areas approved for low pressure or vacuum sewage

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

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

  6  establishment.

  7         2.  For an establishment with an estimated sewage flow

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

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

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

11  of the property line of the establishment as accessed via

12  existing rights-of-way or easements.

13         3.  For proposed residential subdivisions with more

14  than 50 lots, for proposed commercial subdivisions with more

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

16  manufacturing purpose or its equivalent, a sewerage system

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

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

19         4.  For repairs or modifications within areas zoned or

20  used for an industrial or manufacturing purpose or its

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

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

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

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

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

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

27  wastewater, including bath and toilet waste, residential

28  laundry waste, residential kitchen waste, and other similar

29  waste from appurtenances at a residence or establishment.

30

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  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)  "Normal annual floodwater line" means the highest

22  annual water elevation of a permanent nontidal surface water

23  body, as determined by averaging the highest water elevations

24  over the most recent 10-year period, excluding 25-year and

25  greater flood events. If sufficient information is not

26  available to determine a 10-year average, the normal annual

27  floodwater line is to be determined by a certified

28  professional surveyor and mapper based upon visible water

29  stains of a permanent nature on soils, trees, and other fixed

30  objects which stains are indicative of annual flooding.

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

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

  3  mound drainfield system; an aerobic treatment unit; a

  4  graywater system tank; a laundry wastewater system tank; a

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

  6  effluent pump; a waterless, incinerating, or organic

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

  8  installed or proposed to be installed beyond the building

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

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

11  include package sewage treatment facilities and other

12  treatment works regulated under chapter 403.

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

14  surface water body that is not tidally influenced and is

15  identified in the United States Fish and Wildlife Service

16  National Wetland Inventory Maps as persistent. The term

17  includes an artificial surface water body that is designed to

18  hold visible standing water for at least 180 days of the year.

19  However, a surface water body that is drained, either

20  naturally or artificially, when the intent or effect is that

21  such drainage will be temporary, is considered a permanent

22  nontidal surface water body. A surface water body that is

23  drained of all visible surface water, when the intent or

24  result of such drainage is that such drainage will be

25  permanent, is not considered a permanent nontidal surface

26  water body.

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

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

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

30  types of backflow devices:

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  1         1.  For irrigation systems into which chemicals are not

  2  injected, any atmospheric or pressure vacuum breaker or double

  3  check valve or any detector check assembly.

  4         2.  For irrigation systems into which chemicals such as

  5  fertilizers, pesticides, or herbicides are injected, any

  6  reduced pressure backflow preventer.

  7         (m)  "Seasonally inundated area" means areas or

  8  specific soil mapping units that have been classified by the

  9  USDA Natural Resource Conservation Service in their Florida

10  county soil surveys, in existence on January 1, 1999, as

11  meeting the criteria specified in this subsection. Natural

12  Resource Conservation Service soil textural and mapping unit

13  phase designations are to be referenced in accordance with

14  each Natural Resource Conservation Service county soil survey

15  soil legend. The term includes an area of at least 0.025 acre

16  that has been field-verified, through USDA Natural Resource

17  Conservation Service soil survey methodologies, by a certified

18  professional soil scientist, licensed professional engineer,

19  or licensed professional geologist as subject to frequent

20  flooding or as characterized either by peat, muck, mucky sand,

21  mucky loam, or mucky clay textural conditions or by

22  depressional soil phasing. Field verification is not a

23  precondition to permit issuance. An area that has been

24  physically altered, or that will be physically altered before

25  an onsite sewage treatment and disposal system is installed,

26  in a manner that prevents future seasonal inundation is not

27  considered to be a seasonally inundated area.

28         (n)(k)  "Septage" means a mixture of sludge, fatty

29  materials, human feces, and wastewater removed during the

30  pumping of an onsite sewage treatment and disposal system.

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  1         (o)(l)  "Subdivision" means, for residential use, any

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

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

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

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

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

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

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

  9  submitted to the local government for subdivision approval or,

10  in those areas where no local government subdivision approval

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

12  recorded.

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

14  recognizable body of water that has visible water permanently

15  at its surface and is subject to the ebb and flow of the

16  tides, including swamp or marsh areas, bayheads, cypress ponds

17  and sloughs, and natural or constructed ponds contained within

18  a recognizable boundary.  This does not include retention or

19  detention areas designed to contain standing or flowing water

20  for less than 72 hours after a rainfall.

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

22  that poses a serious danger to human health or the

23  environment.

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

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

26  onsite sewage treatment and disposal system without first

27  obtaining a permit approved by the department. The department

28  may issue permits to carry out this section, but may not make

29  the issuance of permits contingent upon prior approval of the

30  Department of Environmental Protection.  A construction permit

31  is valid for 18 months from the issuance date and may be

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  1  extended by the department for one 90-day period under rules

  2  adopted by the department.  A repair permit is valid for 90

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

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

  5  the establishment generates commercial waste. Buildings or

  6  establishments that use an aerobic treatment unit or generate

  7  commercial waste shall be inspected by the department at least

  8  annually to assure compliance with the terms of the operating

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

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

11  pertaining to the siting, location, and installation

12  conditions or repair of an onsite sewage treatment and

13  disposal system remains the same, a construction or repair

14  permit for the onsite sewage treatment and disposal system may

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

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

17  application providing all corrected information and proof of

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

19  the processing of this supplemental information.  A person may

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

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

22  and disposal system without being registered under part III of

23  chapter 489.  A property owner who personally performs

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

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

26  from registration requirements for performing such

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

28  is subject to all permitting requirements. A municipality or

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

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

31  onsite sewage treatment and disposal system unless the owner

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  1  or builder has received a construction permit for such system

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

  3  occupied and a municipality, political subdivision, or any

  4  state or federal agency may not authorize occupancy until the

  5  department approves the final installation of the onsite

  6  sewage treatment and disposal system. A municipality or

  7  political subdivision of the state may not approve any change

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

  9  sewage treatment and disposal system until the department has

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

11  approved the change, and amended the operating permit.

12         (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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  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

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  1  odd-numbered year concerning the success in meeting this

  2  intent.

  3         (e)  Onsite sewage treatment and disposal systems must

  4  not be placed closer than:

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

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

  7  a residential or nonresidential establishment having a total

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

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

10  a residential or nonresidential establishment having a total

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

12         4.  Seventy-five feet from surface waters.

13         4.5.  Fifty feet from any nonpotable well.

14         5.6.  Ten feet from any storm sewer pipe, to the

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

16  be less than 5 feet.

17         7.  Fifteen feet from the design high-water line of

18  retention areas, detention areas, or swales designed to

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

20  a rainfall or the design high-water level of normally dry

21  drainage ditches or normally dry individual-lot

22  stormwater-retention areas.

23         (f)  An area of the drainfield of an onsite sewage

24  treatment and disposal system may not be placed closer than:

25         1.  Seventy-five feet from the mean high-water line of

26  a tidally influenced surface water body, as mean high-water

27  line is defined by s. 177.27(15);

28         2.  Seventy-five feet from the normal annual floodwater

29  line of a permanent nontidal surface water body;

30         3.  Twenty-five feet from the outermost continuous edge

31  of a seasonally inundated area; and

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  1         4.  Fifteen feet from an artificial water body that has

  2  been certified by a licensed professional engineer as designed

  3  to hold water for less than 72 continuous hours or, if the

  4  water body has been in existence for more than 2 years, has

  5  been certified by a licensed professional engineer as

  6  continuously maintained to hold water for less than 72

  7  continuous hours.

  8

  9  Except as provided under paragraph (t), a limitation may not

10  be imposed by rule, relating to the distance between an onsite

11  disposal system and any area that either permanently or

12  temporarily has visible surface water, other than those set

13  forth in this paragraph.

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

15  adopted under this section relating to soil condition, water

16  table elevation, distance, and other setback requirements must

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

18         1.  Any residential lot that was platted and recorded

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

20  subdivision that was approved by the appropriate permitting

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

22  an onsite sewage treatment and disposal system construction

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

24  shall be eligible for an onsite sewage treatment and disposal

25  system construction permit, regardless of when the application

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

27  permit application is filed cannot be met, residential lots

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

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

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

31  minimum, however, those residential lots platted and recorded

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

  2  1983, shall comply with those rules in effect on January 1,

  3  1983, and those residential lots platted and recorded or

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

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

  6  approval.  In determining the maximum extent of compliance

  7  with current rules that is possible, the department shall

  8  allow structures and appurtenances thereto which were

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

10  approved.

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

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

13  requirements.  The projected daily flow for domestic onsite

14  sewage treatment and disposal systems for lots platted before

15  1972 may not exceed:

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

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

18  403.852.

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

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

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

22  hardship cases which may be less restrictive than the

23  provisions specified in this section.  If a variance is

24  granted and the onsite sewage treatment and disposal system

25  construction permit has been issued, the variance may be

26  transferred with the system construction permit, if the

27  transferee files, within 60 days after the transfer of

28  ownership, an amended construction permit application

29  providing all corrected information and proof of ownership of

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

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

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

  2  associated with the processing of this supplemental

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

  4  until the department is satisfied that:

  5         a.  The hardship was not caused intentionally by the

  6  action of the applicant;

  7         b.  No reasonable alternative, taking into

  8  consideration factors such as cost, exists for the treatment

  9  of the sewage; and

10         c.  The discharge from the onsite sewage treatment and

11  disposal system will not adversely affect the health of the

12  applicant or the public or significantly degrade the

13  groundwater or surface waters.

14

15  Where soil conditions, water table elevation, and setback

16  provisions are determined by the department to be

17  satisfactory, special consideration must be given to those

18  lots platted before 1972.

19         2.  The department shall appoint and staff a variance

20  review and advisory committee, which shall meet monthly to

21  recommend agency action on variance requests. The committee

22  shall make its recommendations on variance requests at the

23  meeting in which the application is scheduled for

24  consideration, except for an extraordinary change in

25  circumstances, the receipt of new information that raises new

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

27  committee shall consider the criteria in subparagraph 1. in

28  its recommended agency action on variance requests and shall

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

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

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  1         a.  The Division Director for Environmental Health of

  2  the department or his or her designee.

  3         b.  A representative from the county health

  4  departments.

  5         c.  A representative from the home building industry

  6  recommended by the Florida Home Builders Association.

  7         d.  A representative from the septic tank industry

  8  recommended by the Florida Septic Tank Association.

  9         e.  A representative from the Department of

10  Environmental Protection.

11         f.  A representative from the real estate industry who

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

13  onsite sewage treatment and disposal systems, recommended by

14  the Florida Association of Realtors.

15         g.  A representative from the engineering profession

16  recommended by the Florida Engineering Society.

17

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

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

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

21  without remuneration, but if requested, shall be reimbursed

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

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

24  onsite sewage treatment and disposal system in any area zoned

25  or used for industrial or manufacturing purposes, or its

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

27  treatment system is available, or where a likelihood exists

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

29  waste.  An existing onsite sewage treatment and disposal

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

31  sewerage system is not available within 500 feet of the

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  1  building sewer stub-out and if system construction and

  2  operation standards can be met.  This paragraph does not

  3  require publicly owned or investor-owned sewerage treatment

  4  systems to accept anything other than domestic wastewater.

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

  6  industrial or manufacturing purposes, or its equivalent, when

  7  such building is served by an onsite sewage treatment and

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

  9  tenant has obtained written approval from the department.  The

10  department shall not grant approval when the proposed use of

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

12  wastewater or toxic or hazardous chemicals.

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

14  facility in an area zoned or used for industrial or

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

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

17  hazardous, or industrial wastewater or toxic or hazardous

18  chemicals, and uses an onsite sewage treatment and disposal

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

20  an annual system operating permit from the department.  A

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

22  sewage treatment and disposal system that was installed and

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

24  operating permit. However, upon change of ownership or

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

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

27  annual system operating permit, regardless of the date that

28  the system was installed or approved.

29         3.  The department shall periodically review and

30  evaluate the continued use of onsite sewage treatment and

31  disposal systems in areas zoned or used for industrial or

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

  2  collection and analyses of samples from within and around such

  3  systems.  If the department finds that toxic or hazardous

  4  chemicals or toxic, hazardous, or industrial wastewater have

  5  been or are being disposed of through an onsite sewage

  6  treatment and disposal system, the department shall initiate

  7  enforcement actions against the owner or tenant to ensure

  8  adequate cleanup, treatment, and disposal.

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

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

11  professional engineer registered in the state and certified by

12  such engineer as complying with performance criteria adopted

13  by the department must be approved by the department subject

14  to the following:

15         1.  The performance criteria applicable to

16  engineer-designed systems must be limited to those necessary

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

18  health or significantly degrade the groundwater or surface

19  water.  Such performance criteria shall include consideration

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

21  flow per acre, wastewater treatment capabilities of the

22  natural or replaced soil, water quality classification of the

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

24  maintenance viability of the system for the treatment of

25  domestic wastewater.  However, performance criteria shall

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

27  design.

28         2.  The technical review and advisory panel shall

29  assist the department in the development of performance

30  criteria applicable to engineer-designed systems.  Workshops

31  on the development of the rules delineating such criteria

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

  2  department shall advertise such rules for public hearing no

  3  later than October 1, 1997.

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

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

  6  such design, certified by a registered professional engineer,

  7  to the county health department.  The county health department

  8  may utilize an outside consultant to review the

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

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

11  receiving an engineer-designed system permit application, the

12  county health department shall request additional information

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

14  after receiving a complete application for an

15  engineer-designed system, the county health department either

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

17  does not comply with the performance criteria, shall notify

18  the applicant of that determination and refer the application

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

20  should be approved, disapproved, or approved with

21  modification. The department engineer's determination shall

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

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

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

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

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

27  system must obtain an annual system operating permit from the

28  department.  The department shall inspect the system at least

29  annually and may collect system-effluent samples if

30  appropriate to determine compliance with the performance

31

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

  2  collected beginning with the second year of system operation.

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

  4  function or fails to meet performance standards, the system

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

  6  compliance with the provisions of this section.

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

  8  conjunction with an engineer-designed site-specific system

  9  which is certified by the engineer to meet the

10  performance-based criteria adopted by the department.

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

12  adopt a special rule for the construction, installation,

13  modification, operation, repair, maintenance, and performance

14  of onsite sewage treatment and disposal systems which

15  considers the unique soil conditions and which considers water

16  table elevations, densities, and setback requirements.  On

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

18  saltmarsh, and buttonwood association habitat areas cannot be

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

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

21  sewage treatment and disposal systems.  The department shall

22  require effluent from onsite sewage treatment and disposal

23  systems to meet advanced waste treatment concentrations, as

24  defined in s. 403.086.

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

26  sewage treatment and disposal systems may contain any

27  substance in concentrations or amounts that would interfere

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

29  that would cause discharges from such systems to violate

30  applicable water quality standards. The department shall

31  publish criteria for products known or expected to meet the

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

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

  3  manufacturer satisfactorily demonstrates to the department

  4  that the conditions of this paragraph are met.

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

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

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

  8  shall be performed by department personnel, professional

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

10  expertise, as defined by rule, in making such evaluations. The

11  department shall accept evaluations submitted by professional

12  engineers and such other persons as meet the expertise

13  established by rule unless the department has a reasonable

14  scientific basis for questioning the accuracy or completeness

15  of the evaluation.

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

17  and advisory committee, which shall meet at least

18  semiannually.  The committee shall advise the department on

19  directions for new research, review and rank proposals for

20  research contracts, and review draft research reports and make

21  comments.  The committee is comprised of:

22         1.  A representative of the Division of Environmental

23  Health of the Department of Health.

24         2.  A representative from the septic tank industry.

25         3.  A representative from the home building industry.

26         4.  A representative from an environmental interest

27  group.

28         5.  A representative from the State University System,

29  from a department knowledgeable about onsite sewage treatment

30  and disposal systems.

31

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  1         6.  A professional engineer registered in this state

  2  who has work experience in onsite sewage treatment and

  3  disposal systems.

  4         7.  A representative from the real estate profession.

  5         8.  A representative from the restaurant industry.

  6         9.  A consumer.

  7

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

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

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

11  without remuneration, but are entitled to reimbursement for

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

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

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

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

16  contractor licensed under chapter 489, and shall be

17  accompanied by all required exhibits and fees.  No specific

18  documentation of property ownership shall be required as a

19  prerequisite to the review of an application or the issuance

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

21  determination by the department of property ownership.

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

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

24  subdivider prior to submission of an application for an onsite

25  sewage treatment and disposal system.

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

27  municipality or county to enforce other laws for the

28  protection of the public health and safety.

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

30  disposal systems, including drainfields, shoulders, and

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

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  1  residential dwelling units for systems located greater than 5

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

  3  used on residential dwelling units, the downspouts shall be

  4  directed away from the drainfield.

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

  6  (g)1. (f)1., onsite sewage treatment and disposal systems

  7  located in floodways of the Suwannee and Aucilla Rivers must

  8  adhere to the following requirements:

  9         1.  The absorption surface of the drainfield shall not

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

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

12  subdivision of land in accordance with applicable local

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

14  applicant cannot construct a drainfield system with the

15  absorption surface of the drainfield at an elevation equal to

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

17  permit for an onsite sewage treatment and disposal system

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

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

20  met:

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

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

23  above the 2-year flood elevation; and

24         c.  The applicant installs either:  a waterless,

25  incinerating, or organic waste composting toilet and a

26  graywater system and drainfield in accordance with department

27  rules; an aerobic treatment unit and drainfield in accordance

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

29  Office that is capable of reducing effluent nitrate by at

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

31  department pursuant to department rule other than a system

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  1  using alternative drainfield materials.  The United States

  2  Department of Agriculture Soil Conservation Service soil maps,

  3  State of Florida Water Management District data, and Federal

  4  Emergency Management Agency Flood Insurance maps are resources

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

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

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

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

  9  system lies within a regulatory floodway of the Suwannee and

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

11  does not coincide with the boundaries of the regulatory

12  floodway, the regulatory floodway will be considered for the

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

14  10-year flood elevation.

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

16  381.0066, Florida Statutes, is amended to read:

17         381.0066  Onsite sewage treatment and disposal systems;

18  fees.--

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

20  apply until changed by rule by the department within the

21  following limits:

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

23  each new system construction permit issued during fiscal years

24  1996-2002 to be used for onsite sewage treatment and disposal

25  system research, demonstration, and training projects. Five

26  dollars from any repair permits collected under this section

27  must be used for funding the hands-on training center

28  described in s. 381.0065(3)(i).

29

30  The funds collected pursuant to this subsection must be

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

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

  2  381.0065 and 381.00655.

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

  4  law.

  5

  6            *****************************************

  7                          SENATE SUMMARY

  8    For the purposes of the regulation of onsite sewage
      treatment and disposal systems by the Department of
  9    Health:
           1. Defines several terms relating to surface water
10  bodies;
           2. Revises the permitting and siting processes; and
11         3. Directs that certain fees be used for funding a
    hands-on training center.
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