Senate Bill sb1648

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    Florida Senate - 2001                                  SB 1648

    By Senator Mitchell





    4-1225-01                                               See HB

  1                      A bill to be entitled

  2         An act relating to onsite sewage treatment and

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

  4         providing for regulation by the Department of

  5         Health of maintenance entities for

  6         performance-based treatment systems and aerobic

  7         treatment unit systems; requiring such systems

  8         to contract with a permitted maintenance

  9         entity; providing duties of such entities;

10         providing for biennial operating permits for

11         aerobic treatment units; revising duties of the

12         department; amending s. 381.0066, F.S.;

13         reducing the operating permit fee for aerobic

14         treatment units and providing operating permit

15         and maintenance entity permit fees for

16         performance-based treatment systems; providing

17         an effective date.

18

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

20

21         Section 1.  Paragraph (n) is added to subsection (3) of

22  section 381.0065, Florida Statutes, and subsection (4) of that

23  section is amended, to read:

24         381.0065  Onsite sewage treatment and disposal systems;

25  regulation.--

26         (3)  DUTIES AND POWERS OF THE DEPARTMENT OF

27  HEALTH.--The department shall:

28         (n)  Regulate and permit maintenance entities for

29  performance-based treatment systems and aerobic treatment unit

30  systems. To ensure systems are maintained and operated

31  according to manufacturer's specifications and designs, the

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    Florida Senate - 2001                                  SB 1648
    4-1225-01                                               See HB




  1  department shall establish by rule minimum qualifying criteria

  2  for maintenance entities. The criteria shall include:

  3  training, access to approved spare parts and components,

  4  access to manufacturer's maintenance and operation manuals,

  5  and service response time. The maintenance entity shall employ

  6  a contractor licensed under s. 489.105(3)(m), or part III of

  7  chapter 489, or a state-licensed wastewater plant operator,

  8  who is responsible for maintenance and repair of all systems

  9  under contract.

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

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

12  onsite sewage treatment and disposal system without first

13  obtaining a permit approved by the department. The department

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

15  make the issuance of such permits contingent upon prior

16  approval by the Department of Environmental Protection. A

17  construction permit is valid for 18 months from the issuance

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

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

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

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

22  treatment unit or if the establishment generates commercial

23  waste. Buildings or establishments that use an aerobic

24  treatment unit or generate commercial waste shall be inspected

25  by the department at least annually to assure compliance with

26  the terms of the operating permit. The operating permit for a

27  commercial wastewater system is valid for 1 year from the date

28  of issuance and must be renewed annually. The operating permit

29  for an aerobic treatment unit is valid for 2 years from the

30  date of issuance and must be renewed every 2 years.  If all

31  information pertaining to the siting, location, and

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    Florida Senate - 2001                                  SB 1648
    4-1225-01                                               See HB




  1  installation conditions or repair of an onsite sewage

  2  treatment and disposal system remains the same, a construction

  3  or repair permit for the onsite sewage treatment and disposal

  4  system may be transferred to another person, if the transferee

  5  files, within 60 days after the transfer of ownership, an

  6  amended application providing all corrected information and

  7  proof of ownership of the property.  There is no fee

  8  associated with the processing of this supplemental

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

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

11  onsite sewage treatment and disposal system without being

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

13  who personally performs construction, maintenance, or repairs

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

15  single-family residence is exempt from registration

16  requirements for performing such construction, maintenance, or

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

18  requirements. A municipality or political subdivision of the

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

20  building that requires the use of an onsite sewage treatment

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

22  construction permit for such system from the department. A

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

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

25  authorize occupancy until the department approves the final

26  installation of the onsite sewage treatment and disposal

27  system. A municipality or political subdivision of the state

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

29  building that uses an onsite sewage treatment and disposal

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

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    Florida Senate - 2001                                  SB 1648
    4-1225-01                                               See HB




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

  2  operating permit.

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

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

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

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

  7  parallel to the side bordering the street drawn between the

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

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

10  onsite sewage treatment and disposal systems, provided the

11  projected daily sewage flow does not exceed an average of

12  1,500 gallons per acre per day, and provided satisfactory

13  drinking water can be obtained and all distance and setback,

14  soil condition, water table elevation, and other related

15  requirements of this section and rules adopted under this

16  section can be met.

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

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

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

20  per acre, provided the projected daily sewage flow does not

21  exceed an average of 2,500 gallons per acre per day, and

22  provided that all distance and setback, soil condition, water

23  table elevation, and other related requirements that are

24  generally applicable to the use of onsite sewage treatment and

25  disposal systems are met.

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

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

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

29  has previously made or makes provisions, including financial

30  assurances or other commitments, acceptable to the Department

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

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    Florida Senate - 2001                                  SB 1648
    4-1225-01                                               See HB




  1  regulated public utility based on a density formula, private

  2  potable wells may be used with onsite sewage treatment and

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

  4  The department may consider assurances filed with the

  5  Department of Business and Professional Regulation under

  6  chapter 498 in determining the adequacy of the financial

  7  assurance required by this paragraph.  In a subdivision

  8  regulated by this paragraph, the average daily sewage flow may

  9  not exceed 2,500 gallons per acre per day.  This section does

10  not affect the validity of existing prior agreements. After

11  October 1, 1991, the exception provided under this paragraph

12  is not available to a developer or other appropriate entity.

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

14  proposed residential subdivision with more than 50 lots or to

15  any proposed commercial subdivision with more than 5 lots

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

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

18  development of additional proposed subdivisions in order to

19  evade the requirements of this paragraph.  The department

20  shall report to the Legislature by February 1 of each

21  odd-numbered year concerning the success in meeting this

22  intent.

23         (e)  Onsite sewage treatment and disposal systems must

24  not be placed closer than:

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

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

27  a residential or nonresidential establishment having a total

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

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

30  a residential or nonresidential establishment having a total

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

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    Florida Senate - 2001                                  SB 1648
    4-1225-01                                               See HB




  1         4.  Fifty feet from any nonpotable well.

  2         5.  Ten feet from any storm sewer pipe, to the maximum

  3  extent possible, but in no instance shall the setback be less

  4  than 5 feet.

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

  6  a tidally influenced surface water body.

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

  8  of a permanent nontidal surface water body.

  9         8.  Fifteen feet from the design high-water line of

10  retention areas, detention areas, or swales designed to

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

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

13  drainage ditches or normally dry individual lot stormwater

14  retention areas.

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

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

17  distance between an onsite disposal system and any area that

18  either permanently or temporarily has visible surface water.

19         (g)  All provisions of this section and rules adopted

20  under this section relating to soil condition, water table

21  elevation, distance, and other setback requirements must be

22  equally applied to all lots, with the following exceptions:

23         1.  Any residential lot that was platted and recorded

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

25  subdivision that was approved by the appropriate permitting

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

27  an onsite sewage treatment and disposal system construction

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

29  shall be eligible for an onsite sewage treatment and disposal

30  system construction permit, regardless of when the application

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

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    Florida Senate - 2001                                  SB 1648
    4-1225-01                                               See HB




  1  permit application is filed cannot be met, residential lots

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

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

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

  5  minimum, however, those residential lots platted and recorded

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

  7  1983, shall comply with those rules in effect on January 1,

  8  1983, and those residential lots platted and recorded or

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

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

11  approval.  In determining the maximum extent of compliance

12  with current rules that is possible, the department shall

13  allow structures and appurtenances thereto which were

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

15  approved.

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

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

18  requirements.  The projected daily flow for onsite sewage

19  treatment and disposal systems for lots platted before 1972

20  may not exceed:

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

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

23  403.852.

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

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

26         (h)1.  The department may grant variances in hardship

27  cases which may be less restrictive than the provisions

28  specified in this section.  If a variance is granted and the

29  onsite sewage treatment and disposal system construction

30  permit has been issued, the variance may be transferred with

31  the system construction permit, if the transferee files,

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    Florida Senate - 2001                                  SB 1648
    4-1225-01                                               See HB




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

  2  construction permit application providing all corrected

  3  information and proof of ownership of the property and if the

  4  same variance would have been required for the new owner of

  5  the property as was originally granted to the original

  6  applicant for the variance.  There is no fee associated with

  7  the processing of this supplemental information.  A variance

  8  may not be granted under this section until the department is

  9  satisfied that:

10         a.  The hardship was not caused intentionally by the

11  action of the applicant;

12         b.  No reasonable alternative, taking into

13  consideration factors such as cost, exists for the treatment

14  of the sewage; and

15         c.  The discharge from the onsite sewage treatment and

16  disposal system will not adversely affect the health of the

17  applicant or the public or significantly degrade the

18  groundwater or surface waters.

19

20  Where soil conditions, water table elevation, and setback

21  provisions are determined by the department to be

22  satisfactory, special consideration must be given to those

23  lots platted before 1972.

24         2.  The department shall appoint and staff a variance

25  review and advisory committee, which shall meet monthly to

26  recommend agency action on variance requests. The committee

27  shall make its recommendations on variance requests at the

28  meeting in which the application is scheduled for

29  consideration, except for an extraordinary change in

30  circumstances, the receipt of new information that raises new

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

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    Florida Senate - 2001                                  SB 1648
    4-1225-01                                               See HB




  1  committee shall consider the criteria in subparagraph 1. in

  2  its recommended agency action on variance requests and shall

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

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

  5         a.  The Division Director for Environmental Health of

  6  the department or his or her designee.

  7         b.  A representative from the county health

  8  departments.

  9         c.  A representative from the home building industry

10  recommended by the Florida Home Builders Association.

11         d.  A representative from the septic tank industry

12  recommended by the Florida Septic Tank Association.

13         e.  A representative from the Department of

14  Environmental Protection.

15         f.  A representative from the real estate industry who

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

17  onsite sewage treatment and disposal systems, recommended by

18  the Florida Association of Realtors.

19         g.  A representative from the engineering profession

20  recommended by the Florida Engineering Society.

21

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

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

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

25  without remuneration, but if requested, shall be reimbursed

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

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

28  onsite sewage treatment and disposal system in any area zoned

29  or used for industrial or manufacturing purposes, or its

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

31  treatment system is available, or where a likelihood exists

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    Florida Senate - 2001                                  SB 1648
    4-1225-01                                               See HB




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

  2  waste.  An existing onsite sewage treatment and disposal

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

  4  sewerage system is not available within 500 feet of the

  5  building sewer stub-out and if system construction and

  6  operation standards can be met.  This paragraph does not

  7  require publicly owned or investor-owned sewerage treatment

  8  systems to accept anything other than domestic wastewater.

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

10  industrial or manufacturing purposes, or its equivalent, when

11  such building is served by an onsite sewage treatment and

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

13  tenant has obtained written approval from the department.  The

14  department shall not grant approval when the proposed use of

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

16  wastewater or toxic or hazardous chemicals.

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

18  facility in an area zoned or used for industrial or

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

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

21  hazardous, or industrial wastewater or toxic or hazardous

22  chemicals, and uses an onsite sewage treatment and disposal

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

24  an annual system operating permit from the department.  A

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

26  sewage treatment and disposal system that was installed and

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

28  operating permit. However, upon change of ownership or

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

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

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    Florida Senate - 2001                                  SB 1648
    4-1225-01                                               See HB




  1  annual system operating permit, regardless of the date that

  2  the system was installed or approved.

  3         3.  The department shall periodically review and

  4  evaluate the continued use of onsite sewage treatment and

  5  disposal systems in areas zoned or used for industrial or

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

  7  collection and analyses of samples from within and around such

  8  systems.  If the department finds that toxic or hazardous

  9  chemicals or toxic, hazardous, or industrial wastewater have

10  been or are being disposed of through an onsite sewage

11  treatment and disposal system, the department shall initiate

12  enforcement actions against the owner or tenant to ensure

13  adequate cleanup, treatment, and disposal.

14         (j)  An onsite sewage treatment and disposal system for

15  a single-family residence that is designed by a professional

16  engineer registered in the state and certified by such

17  engineer as complying with performance criteria adopted by the

18  department must be approved by the department subject to the

19  following:

20         1.  The performance criteria applicable to

21  engineer-designed systems must be limited to those necessary

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

23  health or significantly degrade the groundwater or surface

24  water.  Such performance criteria shall include consideration

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

26  flow per acre, wastewater treatment capabilities of the

27  natural or replaced soil, water quality classification of the

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

29  maintenance viability of the system for the treatment of

30  domestic wastewater.  However, performance criteria shall

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    Florida Senate - 2001                                  SB 1648
    4-1225-01                                               See HB




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

  2  design.

  3         2.  The technical review and advisory panel shall

  4  assist the department in the development of performance

  5  criteria applicable to engineer-designed systems.  Workshops

  6  on the development of the rules delineating such criteria

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

  8  department shall advertise such rules for public hearing no

  9  later than October 1, 1997.

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

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

12  such design, certified by a registered professional engineer,

13  to the county health department.  The county health department

14  may utilize an outside consultant to review the

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

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

17  receiving an engineer-designed system permit application, the

18  county health department shall request additional information

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

20  after receiving a complete application for an

21  engineer-designed system, the county health department either

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

23  does not comply with the performance criteria, shall notify

24  the applicant of that determination and refer the application

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

26  should be approved, disapproved, or approved with

27  modification. The department engineer's determination shall

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

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

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

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

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    Florida Senate - 2001                                  SB 1648
    4-1225-01                                               See HB




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

  2  system must maintain a current maintenance service agreement

  3  with a maintenance entity permitted by the department. The

  4  maintenance entity shall obtain a an annual system operating

  5  permit from the department for each system under service

  6  contract.  The department shall inspect the system at least

  7  annually, or on such periodic basis as the fee collected

  8  permits, and may collect system-effluent samples if

  9  appropriate to determine compliance with the performance

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

11  collected beginning with the second year of system operation.

12  The maintenance entity shall inspect each system at least

13  twice each year and shall report quarterly to the department

14  on the number of systems inspected and serviced.

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

16  function or fails to meet performance standards, the system

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

18  compliance with the provisions of this section.

19         (k)  An innovative system may be approved in

20  conjunction with an engineer-designed site-specific system

21  which is certified by the engineer to meet the

22  performance-based criteria adopted by the department.

23         (l)  For the Florida Keys, the department shall adopt a

24  special rule for the construction, installation, modification,

25  operation, repair, maintenance, and performance of onsite

26  sewage treatment and disposal systems which considers the

27  unique soil conditions and which considers water table

28  elevations, densities, and setback requirements.  On lots

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

30  saltmarsh, and buttonwood association habitat areas cannot be

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

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    Florida Senate - 2001                                  SB 1648
    4-1225-01                                               See HB




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

  2  sewage treatment and disposal systems.

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

  4  sewage treatment and disposal systems may contain any

  5  substance in concentrations or amounts that would interfere

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

  7  that would cause discharges from such systems to violate

  8  applicable water quality standards. The department shall

  9  publish criteria for products known or expected to meet the

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

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

12  manufacturer satisfactorily demonstrates to the department

13  that the conditions of this paragraph are met.

14         (n)  Evaluations for determining the seasonal

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

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

17  shall be performed by department personnel, professional

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

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

20  Evaluations for determining mean annual flood lines shall be

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

22  department shall accept evaluations submitted by professional

23  engineers and such other persons as meet the expertise

24  established by this section or by rule unless the department

25  has a reasonable scientific basis for questioning the accuracy

26  or completeness of the evaluation.

27         (o)  The department shall appoint a research review and

28  advisory committee, which shall meet at least semiannually.

29  The committee shall advise the department on directions for

30  new research, review and rank proposals for research

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    Florida Senate - 2001                                  SB 1648
    4-1225-01                                               See HB




  1  contracts, and review draft research reports and make

  2  comments.  The committee is comprised of:

  3         1.  A representative of the Division of Environmental

  4  Health of the Department of Health.

  5         2.  A representative from the septic tank industry.

  6         3.  A representative from the home building industry.

  7         4.  A representative from an environmental interest

  8  group.

  9         5.  A representative from the State University System,

10  from a department knowledgeable about onsite sewage treatment

11  and disposal systems.

12         6.  A professional engineer registered in this state

13  who has work experience in onsite sewage treatment and

14  disposal systems.

15         7.  A representative from the real estate profession.

16         8.  A representative from the restaurant industry.

17         9.  A consumer.

18

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

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

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

22  without remuneration, but are entitled to reimbursement for

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

24         (p)  An application for an onsite sewage treatment and

25  disposal system permit shall be completed in full, signed by

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

27  contractor licensed under chapter 489, and shall be

28  accompanied by all required exhibits and fees. No specific

29  documentation of property ownership shall be required as a

30  prerequisite to the review of an application or the issuance

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    Florida Senate - 2001                                  SB 1648
    4-1225-01                                               See HB




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

  2  determination by the department of property ownership.

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

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

  5  subdivider prior to submission of an application for an onsite

  6  sewage treatment and disposal system.

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

  8  municipality or county to enforce other laws for the

  9  protection of the public health and safety.

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

11  disposal systems, including drainfields, shoulders, and

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

13  residential dwelling units for systems located greater than 5

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

15  used on residential dwelling units, the downspouts shall be

16  directed away from the drainfield.

17         (t)  Notwithstanding the provisions of subparagraph

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

19  floodways of the Suwannee and Aucilla Rivers must adhere to

20  the following requirements:

21         1.  The absorption surface of the drainfield shall not

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

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

24  subdivision of land in accordance with applicable local

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

26  applicant cannot construct a drainfield system with the

27  absorption surface of the drainfield at an elevation equal to

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

29  permit for an onsite sewage treatment and disposal system

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

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    Florida Senate - 2001                                  SB 1648
    4-1225-01                                               See HB




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

  2  met:

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

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

  5  above the 2-year flood elevation; and

  6         c.  The applicant installs either:  a waterless,

  7  incinerating, or organic waste composting toilet and a

  8  graywater system and drainfield in accordance with department

  9  rules; an aerobic treatment unit and drainfield in accordance

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

11  Office that is capable of reducing effluent nitrate by at

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

13  department pursuant to department rule other than a system

14  using alternative drainfield materials.  The United States

15  Department of Agriculture Soil Conservation Service soil maps,

16  State of Florida Water Management District data, and Federal

17  Emergency Management Agency Flood Insurance maps are resources

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

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

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

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

22  system lies within a regulatory floodway of the Suwannee and

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

24  does not coincide with the boundaries of the regulatory

25  floodway, the regulatory floodway will be considered for the

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

27  10-year flood elevation.

28         (u)  The owner of an aerobic treatment unit system

29  shall maintain a current maintenance service agreement with an

30  aerobic treatment unit maintenance entity permitted by the

31  department. The maintenance entity shall obtain a system

                                  17

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    Florida Senate - 2001                                  SB 1648
    4-1225-01                                               See HB




  1  operating permit from the department for each aerobic

  2  treatment unit under service contract. The maintenance entity

  3  shall inspect each aerobic treatment unit system at least

  4  twice each year and shall report quarterly to the department

  5  on the number of aerobic treatment unit systems inspected and

  6  serviced. The owner shall allow the department to inspect

  7  during reasonable hours each aerobic treatment unit system at

  8  least annually, and such inspection may include collection and

  9  analysis of system-effluent samples for performance criteria

10  established by rule of the department.

11         Section 2.  Paragraphs (c) and (i) of subsection (2) of

12  section 381.0066, Florida Statutes, are amended to read:

13         381.0066  Onsite sewage treatment and disposal systems;

14  fees.--

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

16  apply until changed by rule by the department within the

17  following limits:

18         (c)  Annual Operating permit for aerobic treatment

19  units or performance-based treatment systems, including

20  quarterly evaluation, annual sampling, and laboratory analysis

21  of effluent from aerobic treatment units: a fee of not less

22  than $150, or more than $100 $300.

23         (i)  Aerobic treatment unit or performance-based

24  treatment system maintenance entity permit:  a fee of not less

25  than $25, or more than $150, per year.

26

27  The funds collected pursuant to this subsection must be

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

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

30  381.0065 and 381.00655.

31         Section 3.  This act shall take effect July 1, 2001.

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    Florida Senate - 2001                                  SB 1648
    4-1225-01                                               See HB




  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3
      Provides for regulation by the Department of Health of
  4    maintenance entities for performance-based onsite sewage
      treatment and disposal systems and aerobic treatment unit
  5    systems. Requires the department to establish minimum
      qualifying criteria for such entities. Requires such
  6    systems to contract with a permitted maintenance entity.
      Requires such entities to obtain the system operating
  7    permits from the department, perform twice-yearly system
      inspections, and report quarterly to the department.
  8    Provides for biennial operating permits for aerobic
      treatment units. Revises the department's annual
  9    inspection requirement.  Reduces from $300 to $100 the
      maximum permit fee for aerobic treatment unit systems.
10    Sets a $100 maximum operating permit fee for
      performance-based systems, and requires a maintenance
11    entity fee for such systems of not less than $25 nor more
      than $150.
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