House Bill hb1863e1

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                                          HB 1863, First Engrossed



  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         for review of the need for licensing the

18         portable restroom industry; requiring a report

19         to the Legislature; providing an effective

20         date.

21

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

23

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

25  section 381.0065, Florida Statutes, and subsection (4) of said

26  section is amended, to read:

27         381.0065  Onsite sewage treatment and disposal systems;

28  regulation.--

29         (3)  DUTIES AND POWERS OF THE DEPARTMENT OF

30  HEALTH.--The department shall:

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                                          HB 1863, First Engrossed



  1         (n)  Regulate and permit maintenance entities for

  2  performance-based treatment systems and aerobic treatment unit

  3  systems. To ensure systems are maintained and operated

  4  according to manufacturer's specifications and designs, the

  5  department shall establish by rule minimum qualifying criteria

  6  for maintenance entities. The criteria shall include:

  7  training, access to approved spare parts and components,

  8  access to manufacturer's maintenance and operation manuals,

  9  and service response time. The maintenance entity shall employ

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

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

12  who is responsible for maintenance and repair of all systems

13  under contract.

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

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

16  onsite sewage treatment and disposal system without first

17  obtaining a permit approved by the department. The department

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

19  make the issuance of such permits contingent upon prior

20  approval by the Department of Environmental Protection. A

21  construction permit is valid for 18 months from the issuance

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

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

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

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

26  treatment unit or if the establishment generates commercial

27  waste. Buildings or establishments that use an aerobic

28  treatment unit or generate commercial waste shall be inspected

29  by the department at least annually to assure compliance with

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

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


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                                          HB 1863, First Engrossed



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

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

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

  4  information pertaining to the siting, location, and

  5  installation conditions or repair of an onsite sewage

  6  treatment and disposal system remains the same, a construction

  7  or repair permit for the onsite sewage treatment and disposal

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

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

10  amended application providing all corrected information and

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

12  associated with the processing of this supplemental

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

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

15  onsite sewage treatment and disposal system without being

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

17  who personally performs construction, maintenance, or repairs

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

19  single-family residence is exempt from registration

20  requirements for performing such construction, maintenance, or

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

22  requirements. A municipality or political subdivision of the

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

24  building that requires the use of an onsite sewage treatment

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

26  construction permit for such system from the department. A

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

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

29  authorize occupancy until the department approves the final

30  installation of the onsite sewage treatment and disposal

31  system. A municipality or political subdivision of the state


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                                          HB 1863, First Engrossed



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

  2  building that uses an onsite sewage treatment and disposal

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

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

  5  operating permit.

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

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

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

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

10  parallel to the side bordering the street drawn between the

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

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

13  onsite sewage treatment and disposal systems, provided the

14  projected daily sewage flow does not exceed an average of

15  1,500 gallons per acre per day, and provided satisfactory

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

17  soil condition, water table elevation, and other related

18  requirements of this section and rules adopted under this

19  section can be met.

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

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

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

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

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

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

26  table elevation, and other related requirements that are

27  generally applicable to the use of onsite sewage treatment and

28  disposal systems are met.

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

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

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


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                                          HB 1863, First Engrossed



  1  has previously made or makes provisions, including financial

  2  assurances or other commitments, acceptable to the Department

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

  4  regulated public utility based on a density formula, private

  5  potable wells may be used with onsite sewage treatment and

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

  7  The department may consider assurances filed with the

  8  Department of Business and Professional Regulation under

  9  chapter 498 in determining the adequacy of the financial

10  assurance required by this paragraph.  In a subdivision

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

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

13  not affect the validity of existing prior agreements. After

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

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

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

17  proposed residential subdivision with more than 50 lots or to

18  any proposed commercial subdivision with more than 5 lots

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

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

21  development of additional proposed subdivisions in order to

22  evade the requirements of this paragraph.  The department

23  shall report to the Legislature by February 1 of each

24  odd-numbered year concerning the success in meeting this

25  intent.

26         (e)  Onsite sewage treatment and disposal systems must

27  not be placed closer than:

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

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

30  a residential or nonresidential establishment having a total

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


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                                          HB 1863, First Engrossed



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

  2  a residential or nonresidential establishment having a total

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

  4         4.  Fifty feet from any nonpotable well.

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

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

  7  than 5 feet.

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

  9  a tidally influenced surface water body.

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

11  of a permanent nontidal surface water body.

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

13  retention areas, detention areas, or swales designed to

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

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

16  drainage ditches or normally dry individual lot stormwater

17  retention areas.

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

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

20  distance between an onsite disposal system and any area that

21  either permanently or temporarily has visible surface water.

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

23  under this section relating to soil condition, water table

24  elevation, distance, and other setback requirements must be

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

26         1.  Any residential lot that was platted and recorded

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

28  subdivision that was approved by the appropriate permitting

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

30  an onsite sewage treatment and disposal system construction

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


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                                          HB 1863, First Engrossed



  1  shall be eligible for an onsite sewage treatment and disposal

  2  system construction permit, regardless of when the application

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

  4  permit application is filed cannot be met, residential lots

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

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

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

  8  minimum, however, those residential lots platted and recorded

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

10  1983, shall comply with those rules in effect on January 1,

11  1983, and those residential lots platted and recorded or

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

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

14  approval.  In determining the maximum extent of compliance

15  with current rules that is possible, the department shall

16  allow structures and appurtenances thereto which were

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

18  approved.

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

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

21  requirements.  The projected daily flow for onsite sewage

22  treatment and disposal systems for lots platted before 1972

23  may not exceed:

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

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

26  403.852.

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

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

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

30  cases which may be less restrictive than the provisions

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


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                                          HB 1863, First Engrossed



  1  onsite sewage treatment and disposal system construction

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

  3  the system construction permit, if the transferee files,

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

  5  construction permit application providing all corrected

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

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

  8  the property as was originally granted to the original

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

10  the processing of this supplemental information.  A variance

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

12  satisfied that:

13         a.  The hardship was not caused intentionally by the

14  action of the applicant;

15         b.  No reasonable alternative, taking into

16  consideration factors such as cost, exists for the treatment

17  of the sewage; and

18         c.  The discharge from the onsite sewage treatment and

19  disposal system will not adversely affect the health of the

20  applicant or the public or significantly degrade the

21  groundwater or surface waters.

22

23  Where soil conditions, water table elevation, and setback

24  provisions are determined by the department to be

25  satisfactory, special consideration must be given to those

26  lots platted before 1972.

27         2.  The department shall appoint and staff a variance

28  review and advisory committee, which shall meet monthly to

29  recommend agency action on variance requests. The committee

30  shall make its recommendations on variance requests at the

31  meeting in which the application is scheduled for


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                                          HB 1863, First Engrossed



  1  consideration, except for an extraordinary change in

  2  circumstances, the receipt of new information that raises new

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

  4  committee shall consider the criteria in subparagraph 1. in

  5  its recommended agency action on variance requests and shall

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

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

  8         a.  The Division Director for Environmental Health of

  9  the department or his or her designee.

10         b.  A representative from the county health

11  departments.

12         c.  A representative from the home building industry

13  recommended by the Florida Home Builders Association.

14         d.  A representative from the septic tank industry

15  recommended by the Florida Onsite Wastewater Septic Tank

16  Association.

17         e.  A representative from the Department of

18  Environmental Protection.

19         f.  A representative from the real estate industry who

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

21  onsite sewage treatment and disposal systems, recommended by

22  the Florida Association of Realtors.

23         g.  A representative from the engineering profession

24  recommended by the Florida Engineering Society.

25

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

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

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

29  without remuneration, but if requested, shall be reimbursed

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

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                                          HB 1863, First Engrossed



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

  2  onsite sewage treatment and disposal system in any area zoned

  3  or used for industrial or manufacturing purposes, or its

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

  5  treatment system is available, or where a likelihood exists

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

  7  waste.  An existing onsite sewage treatment and disposal

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

  9  sewerage system is not available within 500 feet of the

10  building sewer stub-out and if system construction and

11  operation standards can be met.  This paragraph does not

12  require publicly owned or investor-owned sewerage treatment

13  systems to accept anything other than domestic wastewater.

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

15  industrial or manufacturing purposes, or its equivalent, when

16  such building is served by an onsite sewage treatment and

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

18  tenant has obtained written approval from the department.  The

19  department shall not grant approval when the proposed use of

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

21  wastewater or toxic or hazardous chemicals.

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

23  facility in an area zoned or used for industrial or

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

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

26  hazardous, or industrial wastewater or toxic or hazardous

27  chemicals, and uses an onsite sewage treatment and disposal

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

29  an annual system operating permit from the department.  A

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

31  sewage treatment and disposal system that was installed and


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                                          HB 1863, First Engrossed



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

  2  operating permit. However, upon change of ownership or

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

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

  5  annual system operating permit, regardless of the date that

  6  the system was installed or approved.

  7         3.  The department shall periodically review and

  8  evaluate the continued use of onsite sewage treatment and

  9  disposal systems in areas zoned or used for industrial or

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

11  collection and analyses of samples from within and around such

12  systems.  If the department finds that toxic or hazardous

13  chemicals or toxic, hazardous, or industrial wastewater have

14  been or are being disposed of through an onsite sewage

15  treatment and disposal system, the department shall initiate

16  enforcement actions against the owner or tenant to ensure

17  adequate cleanup, treatment, and disposal.

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

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

20  engineer registered in the state and certified by such

21  engineer as complying with performance criteria adopted by the

22  department must be approved by the department subject to the

23  following:

24         1.  The performance criteria applicable to

25  engineer-designed systems must be limited to those necessary

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

27  health or significantly degrade the groundwater or surface

28  water.  Such performance criteria shall include consideration

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

30  flow per acre, wastewater treatment capabilities of the

31  natural or replaced soil, water quality classification of the


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                                          HB 1863, First Engrossed



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

  2  maintenance viability of the system for the treatment of

  3  domestic wastewater.  However, performance criteria shall

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

  5  design.

  6         2.  The technical review and advisory panel shall

  7  assist the department in the development of performance

  8  criteria applicable to engineer-designed systems.  Workshops

  9  on the development of the rules delineating such criteria

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

11  department shall advertise such rules for public hearing no

12  later than October 1, 1997.

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

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

15  such design, certified by a registered professional engineer,

16  to the county health department.  The county health department

17  may utilize an outside consultant to review the

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

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

20  receiving an engineer-designed system permit application, the

21  county health department shall request additional information

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

23  after receiving a complete application for an

24  engineer-designed system, the county health department either

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

26  does not comply with the performance criteria, shall notify

27  the applicant of that determination and refer the application

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

29  should be approved, disapproved, or approved with

30  modification. The department engineer's determination shall

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


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                                          HB 1863, First Engrossed



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

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

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

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

  5  system must maintain a current maintenance service agreement

  6  with a maintenance entity permitted by the department. The

  7  maintenance entity shall obtain a biennial an annual system

  8  operating permit from the department for each system under

  9  service contract.  The department shall inspect the system at

10  least annually, or on such periodic basis as the fee collected

11  permits, and may collect system-effluent samples if

12  appropriate to determine compliance with the performance

13  criteria. The fee for the biennial annual operating permit

14  shall be collected beginning with the second year of system

15  operation. The maintenance entity shall inspect each system at

16  least twice each year and shall report quarterly to the

17  department on the number of systems inspected and serviced.

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

19  function or fails to meet performance standards, the system

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

21  compliance with the provisions of this section.

22         (k)  An innovative system may be approved in

23  conjunction with an engineer-designed site-specific system

24  which is certified by the engineer to meet the

25  performance-based criteria adopted by the department.

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

27  special rule for the construction, installation, modification,

28  operation, repair, maintenance, and performance of onsite

29  sewage treatment and disposal systems which considers the

30  unique soil conditions and which considers water table

31  elevations, densities, and setback requirements.  On lots


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                                          HB 1863, First Engrossed



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

  2  saltmarsh, and buttonwood association habitat areas cannot be

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

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

  5  sewage treatment and disposal systems.

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

  7  sewage treatment and disposal systems may contain any

  8  substance in concentrations or amounts that would interfere

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

10  that would cause discharges from such systems to violate

11  applicable water quality standards. The department shall

12  publish criteria for products known or expected to meet the

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

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

15  manufacturer satisfactorily demonstrates to the department

16  that the conditions of this paragraph are met.

17         (n)  Evaluations for determining the seasonal

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

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

20  shall be performed by department personnel, professional

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

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

23  Evaluations for determining mean annual flood lines shall be

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

25  department shall accept evaluations submitted by professional

26  engineers and such other persons as meet the expertise

27  established by this section or by rule unless the department

28  has a reasonable scientific basis for questioning the accuracy

29  or completeness of the evaluation.

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

31  advisory committee, which shall meet at least semiannually.


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                                          HB 1863, First Engrossed



  1  The committee shall advise the department on directions for

  2  new research, review and rank proposals for research

  3  contracts, and review draft research reports and make

  4  comments.  The committee is comprised of:

  5         1.  A representative of the Division of Environmental

  6  Health of the Department of Health.

  7         2.  A representative from the septic tank industry.

  8         3.  A representative from the home building industry.

  9         4.  A representative from an environmental interest

10  group.

11         5.  A representative from the State University System,

12  from a department knowledgeable about onsite sewage treatment

13  and disposal systems.

14         6.  A professional engineer registered in this state

15  who has work experience in onsite sewage treatment and

16  disposal systems.

17         7.  A representative from the real estate profession.

18         8.  A representative from the restaurant industry.

19         9.  A consumer.

20

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

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

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

24  without remuneration, but are entitled to reimbursement for

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

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

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

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

29  contractor licensed under chapter 489, and shall be

30  accompanied by all required exhibits and fees. No specific

31  documentation of property ownership shall be required as a


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                                          HB 1863, First Engrossed



  1  prerequisite to the review of an application or the issuance

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

  3  determination by the department of property ownership.

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

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

  6  subdivider prior to submission of an application for an onsite

  7  sewage treatment and disposal system.

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

  9  municipality or county to enforce other laws for the

10  protection of the public health and safety.

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

12  disposal systems, including drainfields, shoulders, and

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

14  residential dwelling units for systems located greater than 5

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

16  used on residential dwelling units, the downspouts shall be

17  directed away from the drainfield.

18         (t)  Notwithstanding the provisions of subparagraph

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

20  floodways of the Suwannee and Aucilla Rivers must adhere to

21  the following requirements:

22         1.  The absorption surface of the drainfield shall not

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

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

25  subdivision of land in accordance with applicable local

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

27  applicant cannot construct a drainfield system with the

28  absorption surface of the drainfield at an elevation equal to

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

30  permit for an onsite sewage treatment and disposal system

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


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                                          HB 1863, First Engrossed



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

  2  met:

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

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

  5  above the 2-year flood elevation; and

  6         c.  The applicant installs either:  a waterless,

  7  incinerating, or organic waste composting toilet and a

  8  graywater system and drainfield in accordance with department

  9  rules; an aerobic treatment unit and drainfield in accordance

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

11  Office that is capable of reducing effluent nitrate by at

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

13  department pursuant to department rule other than a system

14  using alternative drainfield materials.  The United States

15  Department of Agriculture Soil Conservation Service soil maps,

16  State of Florida Water Management District data, and Federal

17  Emergency Management Agency Flood Insurance maps are resources

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

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

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

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

22  system lies within a regulatory floodway of the Suwannee and

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

24  does not coincide with the boundaries of the regulatory

25  floodway, the regulatory floodway will be considered for the

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

27  10-year flood elevation.

28         (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


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                                          HB 1863, First Engrossed



  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)  Biennial Annual Operating permit for aerobic

19  treatment units or performance-based treatment systems,

20  including quarterly evaluation, annual sampling, and

21  laboratory analysis of effluent from aerobic treatment units:

22  a fee of not less 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.

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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.

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                                          HB 1863, First Engrossed



  1         Section 3.  The Department of Health Technical Review

  2  and Advisory Panel, as created in s. 381.0068, Florida

  3  Statutes, is directed to review and advise on the need for

  4  licensing the portable restroom industry in the state. Taking

  5  into consideration issues relating to qualifications,

  6  education, training, and the procedure for handling,

  7  transporting, and disposal of septage. The review is not

  8  intended to impact work done by septic tank or master septic

  9  tank operators. The technical review and advisory panel shall

10  submit its report to the Legislature by January 2, 2002.

11         Section 4.  This act shall take effect July 1, 2001.

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