SENATE AMENDMENT
Bill No. CS for CS for SB 2216
Amendment No. ___ Barcode 625112
CHAMBER ACTION
Senate House
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04/23/2004 10:24 AM .
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11 Senator Saunders moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 5, lines 29, through
15 page 7, line 29, delete those lines
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17 and insert:
18 Section 3. Paragraph (k) of subsection (2), paragraphs
19 (a) and (j) of subsection (3), and paragraphs (d) and (e) of
20 subsection (4) of section 381.0065, Florida Statutes, are
21 amended, and paragraph (v) is added to subsection (4) of that
22 section and paragraph (c) is added to subsection (5) of that
23 section, to read:
24 381.0065 Onsite sewage treatment and disposal systems;
25 regulation.--
26 (2) DEFINITIONS.--As used in ss. 381.0065-381.0067,
27 the term:
28 (k) "Permanent nontidal surface water body" means a
29 perennial stream, a perennial river, an intermittent stream, a
30 perennial lake, a submerged marsh or swamp, a submerged wooded
31 marsh or swamp, a spring, or a seep, as identified on the most
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SENATE AMENDMENT
Bill No. CS for CS for SB 2216
Amendment No. ___ Barcode 625112
1 recent quadrangle map, 7.5 minute series (topographic),
2 produced by the United States Geological Survey, or products
3 derived from that series. "Permanent nontidal surface water
4 body" shall also mean an artificial surface water body that
5 does not have an impermeable bottom and side and that is
6 designed to hold, or does hold, visible standing water for at
7 least 180 days of the year. However, a nontidal surface water
8 body that is drained, either naturally or artificially, where
9 the intent or the result is that such drainage be temporary,
10 shall be considered a permanent nontidal surface water body. A
11 nontidal surface water body that is drained of all visible
12 surface water, where the lawful intent or the result of such
13 drainage is that such drainage will be permanent, shall not be
14 considered a permanent nontidal surface water body. The
15 boundary of a permanent nontidal surface water body shall be
16 the mean annual flood line.
17 (3) DUTIES AND POWERS OF THE DEPARTMENT OF
18 HEALTH.--The department shall:
19 (a) Adopt rules to administer ss. 381.0065-381.0067,
20 including definitions that are consistent with the definitions
21 in this section, decreases to setback requirements where no
22 health hazard exists, increases for the lot-flow allowance for
23 performance-based systems, requirements for separation from
24 water table elevation during the wettest season, requirements
25 for the design and construction of any component part of an
26 onsite sewage treatment and disposal system, application and
27 permit requirements for persons who maintain an onsite sewage
28 treatment and disposal system, requirements for maintenance
29 and service agreements for aerobic treatment units and
30 performance-based treatment systems, and recommended
31 standards, including disclosure requirements, for voluntary
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SENATE AMENDMENT
Bill No. CS for CS for SB 2216
Amendment No. ___ Barcode 625112
1 system inspections to be performed by individuals who are
2 authorized by law to perform such inspections and who shall
3 inform a person having ownership, control, or use of an onsite
4 sewage treatment and disposal system of the inspection
5 standards and of that person's authority to request an
6 inspection based on all or part of the standards, and
7 requirements for implementation of the United States
8 Environmental Protection Agency's voluntary national
9 guidelines for management of onsite and clustered or
10 decentralized wastewater treatment systems.
11 (j) Supervise research on, demonstration of, and
12 training on the performance, environmental impact, and public
13 health impact of onsite sewage treatment and disposal systems
14 within this state. Research fees collected under s.
15 381.0066(2)(k) must be used to develop and fund hands-on
16 training centers designed to provide practical information
17 about onsite sewage treatment and disposal systems to septic
18 tank contractors, master septic tank contractors, contractors,
19 inspectors, engineers, and the public and must also be used to
20 fund research projects which focus on improvements of onsite
21 sewage treatment and disposal systems, including use of
22 performance-based standards and reduction of environmental
23 impact. Research projects shall be initially approved by the
24 technical advisory panel and shall be applicable to and
25 reflect the soil conditions specific to Florida. Such projects
26 shall be awarded through competitive negotiation, using the
27 procedures provided in s. 287.055, to public or private
28 entities that have experience in onsite sewage treatment and
29 disposal systems in Florida and that are principally located
30 in Florida. Research projects shall not be awarded to firms or
31 entities that employ or are associated with persons who serve
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SENATE AMENDMENT
Bill No. CS for CS for SB 2216
Amendment No. ___ Barcode 625112
1 on either the technical advisory panel or the research review
2 and advisory committee.
3 (4) PERMITS; INSTALLATION; AND CONDITIONS.--A person
4 may not construct, repair, modify, abandon, or operate an
5 onsite sewage treatment and disposal system without first
6 obtaining a permit approved by the department. The department
7 may issue permits to carry out this section, but shall not
8 make the issuance of such permits contingent upon prior
9 approval by the Department of Environmental Protection. A
10 construction permit is valid for 18 months from the issuance
11 date and may be extended by the department for one 90-day
12 period under rules adopted by the department. A repair permit
13 is valid for 90 days from the date of issuance. An operating
14 permit must be obtained prior to the use of any aerobic
15 treatment unit or if the establishment generates commercial
16 waste. Buildings or establishments that use an aerobic
17 treatment unit or generate commercial waste shall be inspected
18 by the department at least annually to assure compliance with
19 the terms of the operating permit. The operating permit for a
20 commercial wastewater system is valid for 1 year from the date
21 of issuance and must be renewed annually. The operating permit
22 for an aerobic treatment unit is valid for 2 years from the
23 date of issuance and must be renewed every 2 years. If all
24 information pertaining to the siting, location, and
25 installation conditions or repair of an onsite sewage
26 treatment and disposal system remains the same, a construction
27 or repair permit for the onsite sewage treatment and disposal
28 system may be transferred to another person, if the transferee
29 files, within 60 days after the transfer of ownership, an
30 amended application providing all corrected information and
31 proof of ownership of the property. There is no fee
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SENATE AMENDMENT
Bill No. CS for CS for SB 2216
Amendment No. ___ Barcode 625112
1 associated with the processing of this supplemental
2 information. A person may not contract to construct, modify,
3 alter, repair, service, abandon, or maintain any portion of an
4 onsite sewage treatment and disposal system without being
5 registered under part III of chapter 489. A property owner
6 who personally performs construction, maintenance, or repairs
7 to a system serving his or her own owner-occupied
8 single-family residence is exempt from registration
9 requirements for performing such construction, maintenance, or
10 repairs on that residence, but is subject to all permitting
11 requirements. A municipality or political subdivision of the
12 state may not issue a building or plumbing permit for any
13 building that requires the use of an onsite sewage treatment
14 and disposal system unless the owner or builder has received a
15 construction permit for such system from the department. A
16 building or structure may not be occupied and a municipality,
17 political subdivision, or any state or federal agency may not
18 authorize occupancy until the department approves the final
19 installation of the onsite sewage treatment and disposal
20 system. A municipality or political subdivision of the state
21 may not approve any change in occupancy or tenancy of a
22 building that uses an onsite sewage treatment and disposal
23 system until the department has reviewed the use of the system
24 with the proposed change, approved the change, and amended the
25 operating permit.
26 (d) Paragraphs (a) and (b) do not apply to any
27 proposed residential subdivision with more than 50 lots or to
28 any proposed commercial subdivision with more than 5 lots
29 where a publicly owned or investor-owned sewerage system is
30 available. It is the intent of this paragraph not to allow
31 development of additional proposed subdivisions in order to
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SENATE AMENDMENT
Bill No. CS for CS for SB 2216
Amendment No. ___ Barcode 625112
1 evade the requirements of this paragraph. The department
2 shall report to the Legislature by February 1 of each
3 odd-numbered year concerning the success in meeting this
4 intent.
5 (e) Onsite sewage treatment and disposal systems must
6 not be placed closer than:
7 1. Seventy-five feet from a private potable well.
8 2. Two hundred feet from a public potable well serving
9 a residential or nonresidential establishment having a total
10 sewage flow of greater than 2,000 gallons per day.
11 3. One hundred feet from a public potable well serving
12 a residential or nonresidential establishment having a total
13 sewage flow of less than or equal to 2,000 gallons per day.
14 4. Fifty feet from any nonpotable well.
15 5. Ten feet from any storm sewer pipe, to the maximum
16 extent possible, but in no instance shall the setback be less
17 than 5 feet.
18 6. Seventy-five feet from the mean high-water line of
19 a tidally influenced surface water body.
20 7. Seventy-five feet from the mean normal annual flood
21 line of a permanent nontidal surface water body.
22 8. Fifteen feet from the design high-water line of
23 retention areas, detention areas, or swales designed to
24 contain standing or flowing water for less than 72 hours after
25 a rainfall or the design high-water level of normally dry
26 drainage ditches or normally dry individual lot stormwater
27 retention areas.
28 (v) The department may require the submission of
29 detailed system construction plans that are prepared by a
30 professional engineer registered in this state. The department
31 shall establish by rule criteria for determining when such a
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SENATE AMENDMENT
Bill No. CS for CS for SB 2216
Amendment No. ___ Barcode 625112
1 submission is required.
2 (5) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.--
3 (c) Department personnel may enter the premises of
4 others when necessary to conduct site evaluations and
5 inspections relating to the permitting of onsite sewage
6 treatment and disposal systems. Such entry does not constitute
7 trespass, and department personnel making such entry are not
8 subject to arrest or to a civil action by reason of such
9 entry. This paragraph does not authorize a department employee
10 to destroy, injure, damage, or move anything on the premises
11 of another without the written permission of the landowner.
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15 And the title is amended as follows:
16 On page 1, lines 11-16, delete those lines
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18 and insert:
19 preliminary test results; amending s. 381.0065,
20 F.S., relating to onsite sewage treatment and
21 disposal systems; revising a definition;
22 modifying standards for rulemaking applicable
23 to regulation of onsite sewage treatment and
24 disposal systems; revising research award
25 qualifications; deleting a requirement that the
26 department make certain biennial reports to the
27 Legislature; authorizing the department to
28 require the submission of certain construction
29 plans pursuant to adopted rule; providing for
30 an extended right of entry; amending s.
31 381.0101,
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