HB 1359CS

CHAMBER ACTION



1The Environmental Regulation Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to hazard mitigation for coastal
7redevelopment; amending s. 161.085, F.S.; specifying
8entities that are authorized to install or authorize
9installation of rigid coastal armoring structures;
10authorizing the Department of Environmental Protection to
11revoke certain authority; amending s. 163.3178, F.S.;
12defining the term "coastal high-hazard areas"; providing
13criteria for mitigation for certain comprehensive plan
14amendments; authorizing local governments to amend
15comprehensive plans to increase residential densities for
16certain properties; providing standards for certain
17comprehensive plan compliance; requiring local governments
18to adopt a certain level of service for out-of-county
19hurricane evacuation under certain circumstances;
20prohibiting new development of certain facilities in
21certain areas; providing a deadline for local governments
22to amend future land use maps; amending s. 163.3178, F.S.;
23requiring the Division of Emergency Management to manage
24certain hurricane evacuation studies; requiring that such
25studies be performed in a specified manner; amending s.
26381.0065, F.S.; requiring the issuance of certain permits
27by the Department of Health to be contingent upon the
28receipt of certain permits issued by the Department of
29Environmental Protection; providing an effective date.
30
31Be It Enacted by the Legislature of the State of Florida:
32
33     Section 1.  Subsection (3) of section 161.085, Florida
34Statutes, is amended, and subsection (8) is added to that
35section, to read:
36     161.085  Rigid coastal armoring structures.--
37     (3)  If erosion occurs as a result of a storm event which
38threatens private structures or public infrastructure and a
39permit has not been issued pursuant to subsection (2), unless
40the authority has been revoked by order of the department
41pursuant to subsection (8), an the agency, political
42subdivision, or municipality having jurisdiction over the
43impacted area may install or authorize installation of rigid
44coastal armoring structures for the protection of private
45structures or public infrastructure, or take other measures to
46relieve the threat to private structures or public
47infrastructure as long as the following items are considered and
48incorporated into such emergency measures:
49     (a)  Protection of the beach-dune system.
50     (b)  Siting and design criteria for the protective
51structure.
52     (c)  Impacts on adjacent properties.
53     (d)  Preservation of public beach access.
54     (e)  Protection of native coastal vegetation and nesting
55marine turtles and their hatchlings.
56     (8)  If an agency, political subdivision, or municipality
57installs or authorizes installation of a rigid coastal armoring
58structure that does not comply with subsection (3), and if the
59department determines that the action harms or interferes with
60the protection of the beach-dune system, adversely impacts
61adjacent properties, interferes with public beach access, or
62harms native coastal vegetation or nesting marine turtles or
63their hatchlings, the department may revoke by order the
64authority of the agency, political subdivision, or municipality
65under subsection (3) to install or authorize the installation of
66rigid coastal armoring structures.
67     Section 2.  Paragraph (h) of subsection (2) of section
68163.3178, Florida Statutes, is amended, and subsection (9) is
69added to that section, to read:
70     163.3178  Coastal management.--
71     (2)  Each coastal management element required by s.
72163.3177(6)(g) shall be based on studies, surveys, and data; be
73consistent with coastal resource plans prepared and adopted
74pursuant to general or special law; and contain:
75     (h)  Designation of coastal high-hazard coastal areas and
76the criteria for mitigation for a comprehensive plan amendment
77in a coastal high-hazard area, which for uniformity and planning
78purposes herein, are defined as category 1 evacuation zones. The
79coastal high-hazard area is the area below the elevation of the
80Category 1 storm surge line as established by a Sea, Lake and
81Overland Surges from Hurricanes (SLOSH) computerized storm surge
82model. The application for development However, application of
83mitigation and redevelopment policies, pursuant to s. 380.27(2),
84and any rules adopted thereunder, shall be at the discretion of
85local government.
86     (9)(a)  A proposed comprehensive plan amendment shall be
87found in compliance with state coastal high-hazard standards
88pursuant to rules 9J-5.012(3)(b)(6) and 9J-5.012(3)(b)(7),
89Florida Administrative Code, if:
90     1.  The adopted level of service for out-of-county
91hurricane evacuation is maintained; or
92     2.  A 12-hour evacuation time to shelter is maintained and
93shelter space reasonably expected to accommodate the residents
94of the development contemplated by a proposed comprehensive plan
95amendment is available; or
96     3.  Appropriate mitigation to satisfy the provisions of
97subparagraph 1. or subparagraph 2. is provided. Appropriate
98mitigation shall include, but not be limited to, payment of
99money, contribution of land, and construction of hurricane
100shelters and transportation facilities. Required mitigation
101shall not exceed the amount required for a developer to
102accommodate impacts reasonably attributable to its development.
103     (b)  For those local governments that have not established
104a level of service for out-of-county hurricane evacuation by
105July 1, 2008, the level of service shall be no greater than 16
106hours.
107     (c)  No new adult congregate living facilities, community
108residential homes, group homes, homes for the aged, hospitals,
109or nursing homes shall be located within the coastal high-hazard
110area.
111     (d)  This subsection shall become effective immediately and
112shall apply to all local governments. No later than July 1,
1132008, local governments shall amend their future land use map
114and coastal management element to include the new definition of
115coastal high-hazard area, the coastal high-hazard map, and the
116appropriate mitigation strategies.
117     Section 3.  Paragraph (d) of subsection (2) of section
118163.3178, Florida Statutes, is amended to read:
119     163.3178  Coastal management.--
120     (2)  Each coastal management element required by s.
121163.3177(6)(g) shall be based on studies, surveys, and data; be
122consistent with coastal resource plans prepared and adopted
123pursuant to general or special law; and contain:
124     (d)  A component which outlines principles for hazard
125mitigation and protection of human life against the effects of
126natural disaster, including population evacuation, which take
127into consideration the capability to safely evacuate the density
128of coastal population proposed in the future land use plan
129element in the event of an impending natural disaster. The
130Division of Emergency Management shall manage the update of the
131regional hurricane evacuation studies, ensure such studies are
132done in a consistent manner, and ensure that the methodology
133used for modeling storm surge is that used by the National
134Hurricane Center.
135     Section 4.  Subsection (4) of section 381.0065, Florida
136Statutes, is amended to read:
137     381.0065  Onsite sewage treatment and disposal systems;
138regulation.--
139     (4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person may
140not construct, repair, modify, abandon, or operate an onsite
141sewage treatment and disposal system without first obtaining a
142permit approved by the department. The department may issue
143permits to carry out this section, but shall not make the
144issuance of such permits contingent upon prior approval by the
145Department of Environmental Protection, except that the issuance
146of a permit for work seaward of the coastal construction control
147line established under s. 161.053 shall be contingent upon
148receipt of any required coastal construction control line permit
149from the Department of Environmental Protection. A construction
150permit is valid for 18 months from the issuance date and may be
151extended by the department for one 90-day period under rules
152adopted by the department. A repair permit is valid for 90 days
153from the date of issuance. An operating permit must be obtained
154prior to the use of any aerobic treatment unit or if the
155establishment generates commercial waste. Buildings or
156establishments that use an aerobic treatment unit or generate
157commercial waste shall be inspected by the department at least
158annually to assure compliance with the terms of the operating
159permit. The operating permit for a commercial wastewater system
160is valid for 1 year from the date of issuance and must be
161renewed annually. The operating permit for an aerobic treatment
162unit is valid for 2 years from the date of issuance and must be
163renewed every 2 years. If all information pertaining to the
164siting, location, and installation conditions or repair of an
165onsite sewage treatment and disposal system remains the same, a
166construction or repair permit for the onsite sewage treatment
167and disposal system may be transferred to another person, if the
168transferee files, within 60 days after the transfer of
169ownership, an amended application providing all corrected
170information and proof of ownership of the property. There is no
171fee associated with the processing of this supplemental
172information. A person may not contract to construct, modify,
173alter, repair, service, abandon, or maintain any portion of an
174onsite sewage treatment and disposal system without being
175registered under part III of chapter 489. A property owner who
176personally performs construction, maintenance, or repairs to a
177system serving his or her own owner-occupied single-family
178residence is exempt from registration requirements for
179performing such construction, maintenance, or repairs on that
180residence, but is subject to all permitting requirements. A
181municipality or political subdivision of the state may not issue
182a building or plumbing permit for any building that requires the
183use of an onsite sewage treatment and disposal system unless the
184owner or builder has received a construction permit for such
185system from the department. A building or structure may not be
186occupied and a municipality, political subdivision, or any state
187or federal agency may not authorize occupancy until the
188department approves the final installation of the onsite sewage
189treatment and disposal system. A municipality or political
190subdivision of the state may not approve any change in occupancy
191or tenancy of a building that uses an onsite sewage treatment
192and disposal system until the department has reviewed the use of
193the system with the proposed change, approved the change, and
194amended the operating permit.
195     (a)  Subdivisions and lots in which each lot has a minimum
196area of at least one-half acre and either a minimum dimension of
197100 feet or a mean of at least 100 feet of the side bordering
198the street and the distance formed by a line parallel to the
199side bordering the street drawn between the two most distant
200points of the remainder of the lot may be developed with a water
201system regulated under s. 381.0062 and onsite sewage treatment
202and disposal systems, provided the projected daily sewage flow
203does not exceed an average of 1,500 gallons per acre per day,
204and provided satisfactory drinking water can be obtained and all
205distance and setback, soil condition, water table elevation, and
206other related requirements of this section and rules adopted
207under this section can be met.
208     (b)  Subdivisions and lots using a public water system as
209defined in s. 403.852 may use onsite sewage treatment and
210disposal systems, provided there are no more than four lots per
211acre, provided the projected daily sewage flow does not exceed
212an average of 2,500 gallons per acre per day, and provided that
213all distance and setback, soil condition, water table elevation,
214and other related requirements that are generally applicable to
215the use of onsite sewage treatment and disposal systems are met.
216     (c)  Notwithstanding the provisions of paragraphs (a) and
217(b), for subdivisions platted of record on or before October 1,
2181991, when a developer or other appropriate entity has
219previously made or makes provisions, including financial
220assurances or other commitments, acceptable to the Department of
221Health, that a central water system will be installed by a
222regulated public utility based on a density formula, private
223potable wells may be used with onsite sewage treatment and
224disposal systems until the agreed-upon densities are reached.
225The department may consider assurances filed with the Department
226of Business and Professional Regulation under chapter 498 in
227determining the adequacy of the financial assurance required by
228this paragraph. In a subdivision regulated by this paragraph,
229the average daily sewage flow may not exceed 2,500 gallons per
230acre per day. This section does not affect the validity of
231existing prior agreements. After October 1, 1991, the exception
232provided under this paragraph is not available to a developer or
233other appropriate entity.
234     (d)  Paragraphs (a) and (b) do not apply to any proposed
235residential subdivision with more than 50 lots or to any
236proposed commercial subdivision with more than 5 lots where a
237publicly owned or investor-owned sewerage system is available.
238It is the intent of this paragraph not to allow development of
239additional proposed subdivisions in order to evade the
240requirements of this paragraph.
241     (e)  Onsite sewage treatment and disposal systems must not
242be placed closer than:
243     1.  Seventy-five feet from a private potable well.
244     2.  Two hundred feet from a public potable well serving a
245residential or nonresidential establishment having a total
246sewage flow of greater than 2,000 gallons per day.
247     3.  One hundred feet from a public potable well serving a
248residential or nonresidential establishment having a total
249sewage flow of less than or equal to 2,000 gallons per day.
250     4.  Fifty feet from any nonpotable well.
251     5.  Ten feet from any storm sewer pipe, to the maximum
252extent possible, but in no instance shall the setback be less
253than 5 feet.
254     6.  Seventy-five feet from the mean high-water line of a
255tidally influenced surface water body.
256     7.  Seventy-five feet from the mean annual flood line of a
257permanent nontidal surface water body.
258     8.  Fifteen feet from the design high-water line of
259retention areas, detention areas, or swales designed to contain
260standing or flowing water for less than 72 hours after a
261rainfall or the design high-water level of normally dry drainage
262ditches or normally dry individual lot stormwater retention
263areas.
264     (f)  Except as provided under paragraphs (e) and (t), no
265limitations shall be imposed by rule, relating to the distance
266between an onsite disposal system and any area that either
267permanently or temporarily has visible surface water.
268     (g)  All provisions of this section and rules adopted under
269this section relating to soil condition, water table elevation,
270distance, and other setback requirements must be equally applied
271to all lots, with the following exceptions:
272     1.  Any residential lot that was platted and recorded on or
273after January 1, 1972, or that is part of a residential
274subdivision that was approved by the appropriate permitting
275agency on or after January 1, 1972, and that was eligible for an
276onsite sewage treatment and disposal system construction permit
277on the date of such platting and recording or approval shall be
278eligible for an onsite sewage treatment and disposal system
279construction permit, regardless of when the application for a
280permit is made. If rules in effect at the time the permit
281application is filed cannot be met, residential lots platted and
282recorded or approved on or after January 1, 1972, shall, to the
283maximum extent possible, comply with the rules in effect at the
284time the permit application is filed. At a minimum, however,
285those residential lots platted and recorded or approved on or
286after January 1, 1972, but before January 1, 1983, shall comply
287with those rules in effect on January 1, 1983, and those
288residential lots platted and recorded or approved on or after
289January 1, 1983, shall comply with those rules in effect at the
290time of such platting and recording or approval. In determining
291the maximum extent of compliance with current rules that is
292possible, the department shall allow structures and
293appurtenances thereto which were authorized at the time such
294lots were platted and recorded or approved.
295     2.  Lots platted before 1972 are subject to a 50-foot
296minimum surface water setback and are not subject to lot size
297requirements. The projected daily flow for onsite sewage
298treatment and disposal systems for lots platted before 1972 may
299not exceed:
300     a.  Two thousand five hundred gallons per acre per day for
301lots served by public water systems as defined in s. 403.852.
302     b.  One thousand five hundred gallons per acre per day for
303lots served by water systems regulated under s. 381.0062.
304     (h)1.  The department may grant variances in hardship cases
305which may be less restrictive than the provisions specified in
306this section. If a variance is granted and the onsite sewage
307treatment and disposal system construction permit has been
308issued, the variance may be transferred with the system
309construction permit, if the transferee files, within 60 days
310after the transfer of ownership, an amended construction permit
311application providing all corrected information and proof of
312ownership of the property and if the same variance would have
313been required for the new owner of the property as was
314originally granted to the original applicant for the variance.
315There is no fee associated with the processing of this
316supplemental information. A variance may not be granted under
317this section until the department is satisfied that:
318     a.  The hardship was not caused intentionally by the action
319of the applicant;
320     b.  No reasonable alternative, taking into consideration
321factors such as cost, exists for the treatment of the sewage;
322and
323     c.  The discharge from the onsite sewage treatment and
324disposal system will not adversely affect the health of the
325applicant or the public or significantly degrade the groundwater
326or surface waters.
327
328Where soil conditions, water table elevation, and setback
329provisions are determined by the department to be satisfactory,
330special consideration must be given to those lots platted before
3311972.
332     2.  The department shall appoint and staff a variance
333review and advisory committee, which shall meet monthly to
334recommend agency action on variance requests. The committee
335shall make its recommendations on variance requests at the
336meeting in which the application is scheduled for consideration,
337except for an extraordinary change in circumstances, the receipt
338of new information that raises new issues, or when the applicant
339requests an extension. The committee shall consider the criteria
340in subparagraph 1. in its recommended agency action on variance
341requests and shall also strive to allow property owners the full
342use of their land where possible. The committee consists of the
343following:
344     a.  The Division Director for Environmental Health of the
345department or his or her designee.
346     b.  A representative from the county health departments.
347     c.  A representative from the home building industry
348recommended by the Florida Home Builders Association.
349     d.  A representative from the septic tank industry
350recommended by the Florida Onsite Wastewater Association.
351     e.  A representative from the Department of Environmental
352Protection.
353     f.  A representative from the real estate industry who is
354also a developer in this state who develops lots using onsite
355sewage treatment and disposal systems, recommended by the
356Florida Association of Realtors.
357     g.  A representative from the engineering profession
358recommended by the Florida Engineering Society.
359
360Members shall be appointed for a term of 3 years, with such
361appointments being staggered so that the terms of no more than
362two members expire in any one year. Members shall serve without
363remuneration, but if requested, shall be reimbursed for per diem
364and travel expenses as provided in s. 112.061.
365     (i)  A construction permit may not be issued for an onsite
366sewage treatment and disposal system in any area zoned or used
367for industrial or manufacturing purposes, or its equivalent,
368where a publicly owned or investor-owned sewage treatment system
369is available, or where a likelihood exists that the system will
370receive toxic, hazardous, or industrial waste. An existing
371onsite sewage treatment and disposal system may be repaired if a
372publicly owned or investor-owned sewerage system is not
373available within 500 feet of the building sewer stub-out and if
374system construction and operation standards can be met. This
375paragraph does not require publicly owned or investor-owned
376sewerage treatment systems to accept anything other than
377domestic wastewater.
378     1.  A building located in an area zoned or used for
379industrial or manufacturing purposes, or its equivalent, when
380such building is served by an onsite sewage treatment and
381disposal system, must not be occupied until the owner or tenant
382has obtained written approval from the department. The
383department shall not grant approval when the proposed use of the
384system is to dispose of toxic, hazardous, or industrial
385wastewater or toxic or hazardous chemicals.
386     2.  Each person who owns or operates a business or facility
387in an area zoned or used for industrial or manufacturing
388purposes, or its equivalent, or who owns or operates a business
389that has the potential to generate toxic, hazardous, or
390industrial wastewater or toxic or hazardous chemicals, and uses
391an onsite sewage treatment and disposal system that is installed
392on or after July 5, 1989, must obtain an annual system operating
393permit from the department. A person who owns or operates a
394business that uses an onsite sewage treatment and disposal
395system that was installed and approved before July 5, 1989, need
396not obtain a system operating permit. However, upon change of
397ownership or tenancy, the new owner or operator must notify the
398department of the change, and the new owner or operator must
399obtain an annual system operating permit, regardless of the date
400that the system was installed or approved.
401     3.  The department shall periodically review and evaluate
402the continued use of onsite sewage treatment and disposal
403systems in areas zoned or used for industrial or manufacturing
404purposes, or its equivalent, and may require the collection and
405analyses of samples from within and around such systems. If the
406department finds that toxic or hazardous chemicals or toxic,
407hazardous, or industrial wastewater have been or are being
408disposed of through an onsite sewage treatment and disposal
409system, the department shall initiate enforcement actions
410against the owner or tenant to ensure adequate cleanup,
411treatment, and disposal.
412     (j)  An onsite sewage treatment and disposal system for a
413single-family residence that is designed by a professional
414engineer registered in the state and certified by such engineer
415as complying with performance criteria adopted by the department
416must be approved by the department subject to the following:
417     1.  The performance criteria applicable to engineer-
418designed systems must be limited to those necessary to ensure
419that such systems do not adversely affect the public health or
420significantly degrade the groundwater or surface water. Such
421performance criteria shall include consideration of the quality
422of system effluent, the proposed total sewage flow per acre,
423wastewater treatment capabilities of the natural or replaced
424soil, water quality classification of the potential surface-
425water-receiving body, and the structural and maintenance
426viability of the system for the treatment of domestic
427wastewater. However, performance criteria shall address only the
428performance of a system and not a system's design.
429     2.  The technical review and advisory panel shall assist
430the department in the development of performance criteria
431applicable to engineer-designed systems.
432     3.  A person electing to utilize an engineer-designed
433system shall, upon completion of the system design, submit such
434design, certified by a registered professional engineer, to the
435county health department. The county health department may
436utilize an outside consultant to review the engineer-designed
437system, with the actual cost of such review to be borne by the
438applicant. Within 5 working days after receiving an engineer-
439designed system permit application, the county health department
440shall request additional information if the application is not
441complete. Within 15 working days after receiving a complete
442application for an engineer-designed system, the county health
443department either shall issue the permit or, if it determines
444that the system does not comply with the performance criteria,
445shall notify the applicant of that determination and refer the
446application to the department for a determination as to whether
447the system should be approved, disapproved, or approved with
448modification. The department engineer's determination shall
449prevail over the action of the county health department. The
450applicant shall be notified in writing of the department's
451determination and of the applicant's rights to pursue a variance
452or seek review under the provisions of chapter 120.
453     4.  The owner of an engineer-designed performance-based
454system must maintain a current maintenance service agreement
455with a maintenance entity permitted by the department. The
456maintenance entity shall obtain a biennial system operating
457permit from the department for each system under service
458contract. The department shall inspect the system at least
459annually, or on such periodic basis as the fee collected
460permits, and may collect system-effluent samples if appropriate
461to determine compliance with the performance criteria. The fee
462for the biennial operating permit shall be collected beginning
463with the second year of system operation. The maintenance entity
464shall inspect each system at least twice each year and shall
465report quarterly to the department on the number of systems
466inspected and serviced.
467     5.  If an engineer-designed system fails to properly
468function or fails to meet performance standards, the system
469shall be re-engineered, if necessary, to bring the system into
470compliance with the provisions of this section.
471     (k)  An innovative system may be approved in conjunction
472with an engineer-designed site-specific system which is
473certified by the engineer to meet the performance-based criteria
474adopted by the department.
475     (l)  For the Florida Keys, the department shall adopt a
476special rule for the construction, installation, modification,
477operation, repair, maintenance, and performance of onsite sewage
478treatment and disposal systems which considers the unique soil
479conditions and which considers water table elevations,
480densities, and setback requirements. On lots where a setback
481distance of 75 feet from surface waters, saltmarsh, and
482buttonwood association habitat areas cannot be met, an injection
483well, approved and permitted by the department, may be used for
484disposal of effluent from onsite sewage treatment and disposal
485systems.
486     (m)  No product sold in the state for use in onsite sewage
487treatment and disposal systems may contain any substance in
488concentrations or amounts that would interfere with or prevent
489the successful operation of such system, or that would cause
490discharges from such systems to violate applicable water quality
491standards. The department shall publish criteria for products
492known or expected to meet the conditions of this paragraph. In
493the event a product does not meet such criteria, such product
494may be sold if the manufacturer satisfactorily demonstrates to
495the department that the conditions of this paragraph are met.
496     (n)  Evaluations for determining the seasonal high-water
497table elevations or the suitability of soils for the use of a
498new onsite sewage treatment and disposal system shall be
499performed by department personnel, professional engineers
500registered in the state, or such other persons with expertise,
501as defined by rule, in making such evaluations. Evaluations for
502determining mean annual flood lines shall be performed by those
503persons identified in paragraph (2)(i). The department shall
504accept evaluations submitted by professional engineers and such
505other persons as meet the expertise established by this section
506or by rule unless the department has a reasonable scientific
507basis for questioning the accuracy or completeness of the
508evaluation.
509     (o)  The department shall appoint a research review and
510advisory committee, which shall meet at least semiannually. The
511committee shall advise the department on directions for new
512research, review and rank proposals for research contracts, and
513review draft research reports and make comments. The committee
514is comprised of:
515     1.  A representative of the Division of Environmental
516Health of the Department of Health.
517     2.  A representative from the septic tank industry.
518     3.  A representative from the home building industry.
519     4.  A representative from an environmental interest group.
520     5.  A representative from the State University System, from
521a department knowledgeable about onsite sewage treatment and
522disposal systems.
523     6.  A professional engineer registered in this state who
524has work experience in onsite sewage treatment and disposal
525systems.
526     7.  A representative from the real estate profession.
527     8.  A representative from the restaurant industry.
528     9.  A consumer.
529
530Members shall be appointed for a term of 3 years, with the
531appointments being staggered so that the terms of no more than
532four members expire in any one year. Members shall serve without
533remuneration, but are entitled to reimbursement for per diem and
534travel expenses as provided in s. 112.061.
535     (p)  An application for an onsite sewage treatment and
536disposal system permit shall be completed in full, signed by the
537owner or the owner's authorized representative, or by a
538contractor licensed under chapter 489, and shall be accompanied
539by all required exhibits and fees. No specific documentation of
540property ownership shall be required as a prerequisite to the
541review of an application or the issuance of a permit. The
542issuance of a permit does not constitute determination by the
543department of property ownership.
544     (q)  The department may not require any form of subdivision
545analysis of property by an owner, developer, or subdivider prior
546to submission of an application for an onsite sewage treatment
547and disposal system.
548     (r)  Nothing in this section limits the power of a
549municipality or county to enforce other laws for the protection
550of the public health and safety.
551     (s)  In the siting of onsite sewage treatment and disposal
552systems, including drainfields, shoulders, and slopes, guttering
553shall not be required on single-family residential dwelling
554units for systems located greater than 5 feet from the roof drip
555line of the house. If guttering is used on residential dwelling
556units, the downspouts shall be directed away from the
557drainfield.
558     (t)  Notwithstanding the provisions of subparagraph (g)1.,
559onsite sewage treatment and disposal systems located in
560floodways of the Suwannee and Aucilla Rivers must adhere to the
561following requirements:
562     1.  The absorption surface of the drainfield shall not be
563subject to flooding based on 10-year flood elevations. Provided,
564however, for lots or parcels created by the subdivision of land
565in accordance with applicable local government regulations prior
566to January 17, 1990, if an applicant cannot construct a
567drainfield system with the absorption surface of the drainfield
568at an elevation equal to or above 10-year flood elevation, the
569department shall issue a permit for an onsite sewage treatment
570and disposal system within the 10-year floodplain of rivers,
571streams, and other bodies of flowing water if all of the
572following criteria are met:
573     a.  The lot is at least one-half acre in size;
574     b.  The bottom of the drainfield is at least 36 inches
575above the 2-year flood elevation; and
576     c.  The applicant installs either: a waterless,
577incinerating, or organic waste composting toilet and a graywater
578system and drainfield in accordance with department rules; an
579aerobic treatment unit and drainfield in accordance with
580department rules; a system approved by the State Health Office
581that is capable of reducing effluent nitrate by at least 50
582percent; or a system approved by the county health department
583pursuant to department rule other than a system using
584alternative drainfield materials. The United States Department
585of Agriculture Soil Conservation Service soil maps, State of
586Florida Water Management District data, and Federal Emergency
587Management Agency Flood Insurance maps are resources that shall
588be used to identify flood-prone areas.
589     2.  The use of fill or mounding to elevate a drainfield
590system out of the 10-year floodplain of rivers, streams, or
591other bodies of flowing water shall not be permitted if such a
592system lies within a regulatory floodway of the Suwannee and
593Aucilla Rivers. In cases where the 10-year flood elevation does
594not coincide with the boundaries of the regulatory floodway, the
595regulatory floodway will be considered for the purposes of this
596subsection to extend at a minimum to the 10-year flood
597elevation.
598     (u)  The owner of an aerobic treatment unit system shall
599maintain a current maintenance service agreement with an aerobic
600treatment unit maintenance entity permitted by the department.
601The maintenance entity shall obtain a system operating permit
602from the department for each aerobic treatment unit under
603service contract. The maintenance entity shall inspect each
604aerobic treatment unit system at least twice each year and shall
605report quarterly to the department on the number of aerobic
606treatment unit systems inspected and serviced. The owner shall
607allow the department to inspect during reasonable hours each
608aerobic treatment unit system at least annually, and such
609inspection may include collection and analysis of system-
610effluent samples for performance criteria established by rule of
611the department.
612     (v)  The department may require the submission of detailed
613system construction plans that are prepared by a professional
614engineer registered in this state. The department shall
615establish by rule criteria for determining when such a
616submission is required.
617     Section 5.  This act shall take effect upon becoming a law.


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