| 1 | The State Resources Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 |
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| 6 | A bill to be entitled |
| 7 | An act relating to hazard mitigation for coastal |
| 8 | redevelopment; amending s. 161.085, F.S.; specifying |
| 9 | entities that are authorized to install or authorize |
| 10 | installation of rigid coastal armoring structures; |
| 11 | authorizing the Department of Environmental Protection to |
| 12 | revoke certain authority; authorizing the installation of |
| 13 | certain structures as the core of a restored dune feature |
| 14 | under specified conditions; amending s. 163.3178, F.S.; |
| 15 | requiring the Division of Emergency Management to manage |
| 16 | certain hurricane evacuation studies; requiring that such |
| 17 | studies be performed in a specified manner; defining the |
| 18 | term "coastal high-hazard area"; providing that the |
| 19 | application of development policies shall be at the |
| 20 | discretion of local government; authorizing local |
| 21 | governments to amend comprehensive plans to increase |
| 22 | residential densities for certain properties; providing |
| 23 | standards for certain comprehensive plan compliance; |
| 24 | requiring local governments to adopt a certain level of |
| 25 | service for out-of-county hurricane evacuation under |
| 26 | certain circumstances; providing a deadline for local |
| 27 | governments to amend coastal management elements and |
| 28 | future land use maps; amending 163.336, F.S., relating to |
| 29 | the coastal resort area redevelopment pilot project; |
| 30 | revising the requirements for placement of certain coastal |
| 31 | redevelopment materials; authorizing the Department of |
| 32 | Environmental Protection to consider certain information |
| 33 | during certain permit review; deferring the expiration |
| 34 | date of the pilot project; requiring the department and |
| 35 | local governments to provide a specified analysis of |
| 36 | certain projects and to provide a report to the |
| 37 | Legislature by a certain date; amending s. 381.0065, F.S.; |
| 38 | requiring the issuance of certain permits by the |
| 39 | Department of Health to be contingent upon the receipt of |
| 40 | certain permits issued by the Department of Environmental |
| 41 | Protection; providing an effective date. |
| 42 |
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| 43 | Be It Enacted by the Legislature of the State of Florida: |
| 44 |
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| 45 | Section 1. Subsection (3) of section 161.085, Florida |
| 46 | Statutes, is amended, and subsections (8) and (9) are added to |
| 47 | that section, to read: |
| 48 | 161.085 Rigid coastal armoring structures.-- |
| 49 | (3) If erosion occurs as a result of a storm event which |
| 50 | threatens private structures or public infrastructure and a |
| 51 | permit has not been issued pursuant to subsection (2), unless |
| 52 | the authority has been revoked by order of the department |
| 53 | pursuant to subsection (8), an the agency, political |
| 54 | subdivision, or municipality having jurisdiction over the |
| 55 | impacted area may install or authorize installation of rigid |
| 56 | coastal armoring structures for the protection of private |
| 57 | structures or public infrastructure, or take other measures to |
| 58 | relieve the threat to private structures or public |
| 59 | infrastructure as long as the following items are considered and |
| 60 | incorporated into such emergency measures: |
| 61 | (a) Protection of the beach-dune system. |
| 62 | (b) Siting and design criteria for the protective |
| 63 | structure. |
| 64 | (c) Impacts on adjacent properties. |
| 65 | (d) Preservation of public beach access. |
| 66 | (e) Protection of native coastal vegetation and nesting |
| 67 | marine turtles and their hatchlings. |
| 68 | (8) If an agency, political subdivision, or municipality |
| 69 | installs or authorizes installation of a rigid coastal armoring |
| 70 | structure that does not comply with subsection (3), and if the |
| 71 | department determines that the action harms or interferes with |
| 72 | the protection of the beach-dune system, adversely impacts |
| 73 | adjacent properties, interferes with public beach access, or |
| 74 | harms native coastal vegetation or nesting marine turtles or |
| 75 | their hatchlings, the department may revoke by order the |
| 76 | authority of the agency, political subdivision, or municipality |
| 77 | under subsection (3) to install or authorize the installation of |
| 78 | rigid coastal armoring structures. |
| 79 | (9) The department, or an agency, political subdivision, |
| 80 | or municipality described in subsection (3), may authorize sand- |
| 81 | filled tubes or similar structures proposed as the core of a |
| 82 | restored dune feature if the applicant meets the requirements of |
| 83 | this section and: |
| 84 | (a) Demonstrates that the United States Fish and Wildlife |
| 85 | Service has approved a habitat conservation plan that includes |
| 86 | the shoreline where each structure will be placed; |
| 87 | (b) Provides reasonable assurance that adequate sand cover |
| 88 | will be maintained over the structure such that the structure |
| 89 | will not interact with the beach dune system as rigid coastal |
| 90 | armoring or adversely affect marine turtle nesting and provides |
| 91 | for a responsible entity to conduct such maintenance; and |
| 92 | (c) Provides reasonable assurance that each structure will |
| 93 | be removed if the maintenance required by paragraph (b) proves |
| 94 | to be not feasible. |
| 95 | Section 2. Paragraphs (d) and (h) of subsection (2) of |
| 96 | section 163.3178, Florida Statutes, are amended, and subsection |
| 97 | (9) is added to that section, to read: |
| 98 | 163.3178 Coastal management.-- |
| 99 | (2) Each coastal management element required by s. |
| 100 | 163.3177(6)(g) shall be based on studies, surveys, and data; be |
| 101 | consistent with coastal resource plans prepared and adopted |
| 102 | pursuant to general or special law; and contain: |
| 103 | (d) A component which outlines principles for hazard |
| 104 | mitigation and protection of human life against the effects of |
| 105 | natural disaster, including population evacuation, which take |
| 106 | into consideration the capability to safely evacuate the density |
| 107 | of coastal population proposed in the future land use plan |
| 108 | element in the event of an impending natural disaster. The |
| 109 | Division of Emergency Management shall manage the update of the |
| 110 | regional hurricane evacuation studies, ensure such studies are |
| 111 | done in a consistent manner, and ensure that the methodology |
| 112 | used for modeling storm surge is that used by the National |
| 113 | Hurricane Center. |
| 114 | (h) Designation of coastal high-hazard coastal areas and |
| 115 | the criteria for mitigation for a comprehensive plan amendment |
| 116 | in a coastal high-hazard area as defined in subsection (9), |
| 117 | which for uniformity and planning purposes herein, are defined |
| 118 | as category 1 evacuation zones. The coastal high-hazard area is |
| 119 | the area below the elevation of the category 1 storm surge line |
| 120 | as established by a Sea, Lake and Overland Surges from |
| 121 | Hurricanes (SLOSH) computerized storm surge model. However, |
| 122 | Application of mitigation and the application of development and |
| 123 | redevelopment policies, pursuant to s. 380.27(2), and any rules |
| 124 | adopted thereunder, shall be at the discretion of local |
| 125 | government. |
| 126 | (9)(a) Local governments may elect to comply with rules |
| 127 | 9J-5.012(3)(b)(6) and 9J-5.012(3)(b)(7), Florida Administrative |
| 128 | Code, through the process provided in this section. A proposed |
| 129 | comprehensive plan amendment shall be found in compliance with |
| 130 | state coastal high-hazard standards pursuant to rules 9J- |
| 131 | 5.012(3)(b)(6) and 9J-5.012(3)(b)(7), Florida Administrative |
| 132 | Code, if: |
| 133 | 1. The adopted level of service for out-of-county |
| 134 | hurricane evacuation is maintained for a category 5 storm event |
| 135 | as measured on the Saffir-Simpson scale; |
| 136 | 2. A 12-hour evacuation time to shelter is maintained for |
| 137 | a category 5 storm event as measured on the Saffir-Simpson scale |
| 138 | and shelter space reasonably expected to accommodate the |
| 139 | residents of the development contemplated by a proposed |
| 140 | comprehensive plan amendment is available; or |
| 141 | 3. Appropriate mitigation to satisfy the provisions of |
| 142 | subparagraph 1. or subparagraph 2. is provided. Appropriate |
| 143 | mitigation shall include, without limitation, payment of money, |
| 144 | contribution of land, and construction of hurricane shelters and |
| 145 | transportation facilities. Required mitigation shall not exceed |
| 146 | the amount required for a developer to accommodate impacts |
| 147 | reasonably attributable to its development. For those local |
| 148 | governments that have not established a level of service for |
| 149 | out-of-county hurricane evacuation by July 1, 2008, the level of |
| 150 | service shall be no greater than 16 hours for a category 5 storm |
| 151 | event as measured on the Saffir-Simpson scale. |
| 152 | (b) For those local governments that have not established |
| 153 | a level of service for out-of-county hurricane evacuation by |
| 154 | July 1, 2008, the level of service shall be no greater than 16 |
| 155 | hours. |
| 156 | (c) This subsection shall become effective immediately and |
| 157 | shall apply to all local governments. No later than July 1, |
| 158 | 2008, local governments shall amend their future land use map |
| 159 | and coastal management element to include the new definition of |
| 160 | coastal high-hazard area and to depict the coastal high-hazard |
| 161 | area on the future land use map. |
| 162 | Section 3. Subsections (2) and (3) of section 163.336, |
| 163 | Florida Statutes, are amended to read: |
| 164 | 163.336 Coastal resort area redevelopment pilot project.-- |
| 165 | (2) PILOT PROJECT ADMINISTRATION.-- |
| 166 | (a) To be eligible to participate in this pilot project, |
| 167 | all or a portion of the area must be within: |
| 168 | 1. The coastal building zone as defined in s. 161.54; and |
| 169 | 2. A community redevelopment area, enterprise zone, |
| 170 | brownfield area, empowerment zone, or other such economically |
| 171 | deprived areas as designated by the county or municipality with |
| 172 | jurisdiction over the area. |
| 173 | (b) Local governments are encouraged to use the full range |
| 174 | of economic and tax incentives available to facilitate and |
| 175 | promote redevelopment and revitalization within the pilot |
| 176 | project areas. |
| 177 | (c) The Office of the Governor, Department of |
| 178 | Environmental Protection, and the Department of Community |
| 179 | Affairs are directed to provide technical assistance to expedite |
| 180 | permitting for redevelopment projects and construction |
| 181 | activities within the pilot project areas consistent with the |
| 182 | principles, processes, and timeframes provided in s. 403.973. |
| 183 | (d) The Department of Environmental Protection shall |
| 184 | exempt construction activities within the pilot project area in |
| 185 | locations seaward of a coastal construction control line and |
| 186 | landward of existing armoring from certain siting and design |
| 187 | criteria pursuant to s. 161.053. However, such exemption shall |
| 188 | not be deemed to exempt property within the pilot project area |
| 189 | from applicable local land development regulations, including |
| 190 | but not limited to, setback, side lot line, and lot coverage |
| 191 | requirements. Such exemption shall apply to construction and |
| 192 | redevelopment of structures involving the coverage, excavation, |
| 193 | and impervious surface criteria of s. 161.053, and related |
| 194 | adopted rules, as follows: |
| 195 | 1. This review by the department of applications for |
| 196 | permits for coastal construction within the pilot project area |
| 197 | must apply to construction and redevelopment of structures |
| 198 | subject to the coverage, excavation, and impervious surface |
| 199 | criteria of s. 161.053, and related adopted rules. It is the |
| 200 | intent of these provisions that the pilot project area be |
| 201 | enabled to redevelop in a manner which meets the economic needs |
| 202 | of the area while preserving public safety and existing |
| 203 | resources, including natural resources. |
| 204 | 2. The criteria for review under s. 161.053 are applicable |
| 205 | within the pilot project area, except that the structures within |
| 206 | the pilot project area shall not be subject to specific shore |
| 207 | parallel coverage requirements and are allowed to exceed the 50 |
| 208 | percent impervious surface requirement. In no case shall |
| 209 | stormwater discharge be allowed onto, or seaward of, the frontal |
| 210 | dune. Structures are also not bound by the restrictions on |
| 211 | excavation unless the construction will adversely affect the |
| 212 | integrity of the existing seawall or rigid coastal armoring |
| 213 | structure or stability of the existing beach and dune system. It |
| 214 | is specifically contemplated that underground structures, |
| 215 | including garages, will be permitted. All beach-compatible |
| 216 | material excavated under this subparagraph must be maintained on |
| 217 | site seaward of the coastal construction control line. However, |
| 218 | during the permit review process under s. 161.053, the |
| 219 | department may favorably consider authorized sand placement on |
| 220 | adjacent properties if the permittee has demonstrated every |
| 221 | reasonable effort to effectively use all beach-quality material |
| 222 | on site to enhance the beach and dune system and has prepared a |
| 223 | comprehensive plan for beach and dune nourishment for the |
| 224 | adjoining area. |
| 225 | 3. The review criteria in subparagraph 2. will apply to |
| 226 | all construction within the pilot project area lying seaward of |
| 227 | the coastal construction control line and landward of an |
| 228 | existing viable seawall or rigid coastal armoring structure, if |
| 229 | such construction is fronted by a seawall or rigid coastal |
| 230 | armoring structure extending at least 1,000 feet without any |
| 231 | interruptions other than beach access points. For purposes of |
| 232 | this section, a viable seawall or rigid coastal armoring |
| 233 | structure is a structure that has not deteriorated, dilapidated, |
| 234 | or been damaged to such a degree that it no longer provides |
| 235 | adequate protection to the upland property when considering the |
| 236 | following criteria, including, but not limited to: |
| 237 | a. The top must be at or above the still water level, |
| 238 | including setup, for the design storm of 30-year return storm |
| 239 | plus the breaking wave calculated at its highest achievable |
| 240 | level based on the maximum eroded beach profile and highest |
| 241 | surge level combination, and must be high enough to preclude |
| 242 | runup overtopping; |
| 243 | b. The armoring must be stable under the design storm of |
| 244 | 30-year return storm including maximum localized scour, with |
| 245 | adequate penetration; and |
| 246 | c. The armoring must have sufficient continuity or return |
| 247 | walls to prevent flooding under the design storm of 30-year |
| 248 | return storm from impacting the proposed construction. |
| 249 | 4. Where there exists a continuous line of rigid coastal |
| 250 | armoring structure on either side of unarmored property and the |
| 251 | adjacent line of rigid coastal armoring structures are having an |
| 252 | adverse effect on or threaten the unarmored property, and the |
| 253 | gap does not exceed 100 feet, the department may grant the |
| 254 | necessary permits under s. 161.085 to close the gap. |
| 255 | 5. Structures approved pursuant to this section shall not |
| 256 | cause flooding of or result in adverse impacts to existing |
| 257 | upland structures or properties and shall comply with all other |
| 258 | requirements of s. 161.053 and its implementing rules. |
| 259 | 6. Where there exists a continuous line of viable rigid |
| 260 | coastal armoring structure on either side of a nonviable rigid |
| 261 | coastal armoring structure, the department shall grant the |
| 262 | necessary permits under s. 161.085 to replace such nonviable |
| 263 | rigid coastal armoring structure with a viable rigid coastal |
| 264 | armoring structure as defined in this section. This shall not |
| 265 | apply to rigid coastal armoring structures constructed after May |
| 266 | 1, 1998, unless such structures have been permitted pursuant to |
| 267 | s. 161.085(2). |
| 268 | (3) PILOT PROJECT EXPIRATION.--The authorization for the |
| 269 | pilot project and the provisions of this section expire December |
| 270 | 31, 2014 2006. The department and affected local governments |
| 271 | shall provide for an independent analysis of the economic value |
| 272 | and environmental impact of the pilot project and provide a |
| 273 | report to the Speaker of the House of Representatives and the |
| 274 | President of the Senate on or before February 1, 2008 The |
| 275 | Legislature shall review these requirements before their |
| 276 | scheduled expiration. |
| 277 | Section 4. Subsection (4) of section 381.0065, Florida |
| 278 | Statutes, is amended to read: |
| 279 | 381.0065 Onsite sewage treatment and disposal systems; |
| 280 | regulation.-- |
| 281 | (4) PERMITS; INSTALLATION; AND CONDITIONS.--A person may |
| 282 | not construct, repair, modify, abandon, or operate an onsite |
| 283 | sewage treatment and disposal system without first obtaining a |
| 284 | permit approved by the department. The department may issue |
| 285 | permits to carry out this section, but shall not make the |
| 286 | issuance of such permits contingent upon prior approval by the |
| 287 | Department of Environmental Protection, except that the issuance |
| 288 | of a permit for work seaward of the coastal construction control |
| 289 | line established under s. 161.053 shall be contingent upon |
| 290 | receipt of any required coastal construction control line permit |
| 291 | from the Department of Environmental Protection. A construction |
| 292 | permit is valid for 18 months from the issuance date and may be |
| 293 | extended by the department for one 90-day period under rules |
| 294 | adopted by the department. A repair permit is valid for 90 days |
| 295 | from the date of issuance. An operating permit must be obtained |
| 296 | prior to the use of any aerobic treatment unit or if the |
| 297 | establishment generates commercial waste. Buildings or |
| 298 | establishments that use an aerobic treatment unit or generate |
| 299 | commercial waste shall be inspected by the department at least |
| 300 | annually to assure compliance with the terms of the operating |
| 301 | permit. The operating permit for a commercial wastewater system |
| 302 | is valid for 1 year from the date of issuance and must be |
| 303 | renewed annually. The operating permit for an aerobic treatment |
| 304 | unit is valid for 2 years from the date of issuance and must be |
| 305 | renewed every 2 years. If all information pertaining to the |
| 306 | siting, location, and installation conditions or repair of an |
| 307 | onsite sewage treatment and disposal system remains the same, a |
| 308 | construction or repair permit for the onsite sewage treatment |
| 309 | and disposal system may be transferred to another person, if the |
| 310 | transferee files, within 60 days after the transfer of |
| 311 | ownership, an amended application providing all corrected |
| 312 | information and proof of ownership of the property. There is no |
| 313 | fee associated with the processing of this supplemental |
| 314 | information. A person may not contract to construct, modify, |
| 315 | alter, repair, service, abandon, or maintain any portion of an |
| 316 | onsite sewage treatment and disposal system without being |
| 317 | registered under part III of chapter 489. A property owner who |
| 318 | personally performs construction, maintenance, or repairs to a |
| 319 | system serving his or her own owner-occupied single-family |
| 320 | residence is exempt from registration requirements for |
| 321 | performing such construction, maintenance, or repairs on that |
| 322 | residence, but is subject to all permitting requirements. A |
| 323 | municipality or political subdivision of the state may not issue |
| 324 | a building or plumbing permit for any building that requires the |
| 325 | use of an onsite sewage treatment and disposal system unless the |
| 326 | owner or builder has received a construction permit for such |
| 327 | system from the department. A building or structure may not be |
| 328 | occupied and a municipality, political subdivision, or any state |
| 329 | or federal agency may not authorize occupancy until the |
| 330 | department approves the final installation of the onsite sewage |
| 331 | treatment and disposal system. A municipality or political |
| 332 | subdivision of the state may not approve any change in occupancy |
| 333 | or tenancy of a building that uses an onsite sewage treatment |
| 334 | and disposal system until the department has reviewed the use of |
| 335 | the system with the proposed change, approved the change, and |
| 336 | amended the operating permit. |
| 337 | (a) Subdivisions and lots in which each lot has a minimum |
| 338 | area of at least one-half acre and either a minimum dimension of |
| 339 | 100 feet or a mean of at least 100 feet of the side bordering |
| 340 | the street and the distance formed by a line parallel to the |
| 341 | side bordering the street drawn between the two most distant |
| 342 | points of the remainder of the lot may be developed with a water |
| 343 | system regulated under s. 381.0062 and onsite sewage treatment |
| 344 | and disposal systems, provided the projected daily sewage flow |
| 345 | does not exceed an average of 1,500 gallons per acre per day, |
| 346 | and provided satisfactory drinking water can be obtained and all |
| 347 | distance and setback, soil condition, water table elevation, and |
| 348 | other related requirements of this section and rules adopted |
| 349 | under this section can be met. |
| 350 | (b) Subdivisions and lots using a public water system as |
| 351 | defined in s. 403.852 may use onsite sewage treatment and |
| 352 | disposal systems, provided there are no more than four lots per |
| 353 | acre, provided the projected daily sewage flow does not exceed |
| 354 | an average of 2,500 gallons per acre per day, and provided that |
| 355 | all distance and setback, soil condition, water table elevation, |
| 356 | and other related requirements that are generally applicable to |
| 357 | the use of onsite sewage treatment and disposal systems are met. |
| 358 | (c) Notwithstanding the provisions of paragraphs (a) and |
| 359 | (b), for subdivisions platted of record on or before October 1, |
| 360 | 1991, when a developer or other appropriate entity has |
| 361 | previously made or makes provisions, including financial |
| 362 | assurances or other commitments, acceptable to the Department of |
| 363 | Health, that a central water system will be installed by a |
| 364 | regulated public utility based on a density formula, private |
| 365 | potable wells may be used with onsite sewage treatment and |
| 366 | disposal systems until the agreed-upon densities are reached. |
| 367 | The department may consider assurances filed with the Department |
| 368 | of Business and Professional Regulation under chapter 498 in |
| 369 | determining the adequacy of the financial assurance required by |
| 370 | this paragraph. In a subdivision regulated by this paragraph, |
| 371 | the average daily sewage flow may not exceed 2,500 gallons per |
| 372 | acre per day. This section does not affect the validity of |
| 373 | existing prior agreements. After October 1, 1991, the exception |
| 374 | provided under this paragraph is not available to a developer or |
| 375 | other appropriate entity. |
| 376 | (d) Paragraphs (a) and (b) do not apply to any proposed |
| 377 | residential subdivision with more than 50 lots or to any |
| 378 | proposed commercial subdivision with more than 5 lots where a |
| 379 | publicly owned or investor-owned sewerage system is available. |
| 380 | It is the intent of this paragraph not to allow development of |
| 381 | additional proposed subdivisions in order to evade the |
| 382 | requirements of this paragraph. |
| 383 | (e) Onsite sewage treatment and disposal systems must not |
| 384 | be placed closer than: |
| 385 | 1. Seventy-five feet from a private potable well. |
| 386 | 2. Two hundred feet from a public potable well serving a |
| 387 | residential or nonresidential establishment having a total |
| 388 | sewage flow of greater than 2,000 gallons per day. |
| 389 | 3. One hundred feet from a public potable well serving a |
| 390 | residential or nonresidential establishment having a total |
| 391 | sewage flow of less than or equal to 2,000 gallons per day. |
| 392 | 4. Fifty feet from any nonpotable well. |
| 393 | 5. Ten feet from any storm sewer pipe, to the maximum |
| 394 | extent possible, but in no instance shall the setback be less |
| 395 | than 5 feet. |
| 396 | 6. Seventy-five feet from the mean high-water line of a |
| 397 | tidally influenced surface water body. |
| 398 | 7. Seventy-five feet from the mean annual flood line of a |
| 399 | permanent nontidal surface water body. |
| 400 | 8. Fifteen feet from the design high-water line of |
| 401 | retention areas, detention areas, or swales designed to contain |
| 402 | standing or flowing water for less than 72 hours after a |
| 403 | rainfall or the design high-water level of normally dry drainage |
| 404 | ditches or normally dry individual lot stormwater retention |
| 405 | areas. |
| 406 | (f) Except as provided under paragraphs (e) and (t), no |
| 407 | limitations shall be imposed by rule, relating to the distance |
| 408 | between an onsite disposal system and any area that either |
| 409 | permanently or temporarily has visible surface water. |
| 410 | (g) All provisions of this section and rules adopted under |
| 411 | this section relating to soil condition, water table elevation, |
| 412 | distance, and other setback requirements must be equally applied |
| 413 | to all lots, with the following exceptions: |
| 414 | 1. Any residential lot that was platted and recorded on or |
| 415 | after January 1, 1972, or that is part of a residential |
| 416 | subdivision that was approved by the appropriate permitting |
| 417 | agency on or after January 1, 1972, and that was eligible for an |
| 418 | onsite sewage treatment and disposal system construction permit |
| 419 | on the date of such platting and recording or approval shall be |
| 420 | eligible for an onsite sewage treatment and disposal system |
| 421 | construction permit, regardless of when the application for a |
| 422 | permit is made. If rules in effect at the time the permit |
| 423 | application is filed cannot be met, residential lots platted and |
| 424 | recorded or approved on or after January 1, 1972, shall, to the |
| 425 | maximum extent possible, comply with the rules in effect at the |
| 426 | time the permit application is filed. At a minimum, however, |
| 427 | those residential lots platted and recorded or approved on or |
| 428 | after January 1, 1972, but before January 1, 1983, shall comply |
| 429 | with those rules in effect on January 1, 1983, and those |
| 430 | residential lots platted and recorded or approved on or after |
| 431 | January 1, 1983, shall comply with those rules in effect at the |
| 432 | time of such platting and recording or approval. In determining |
| 433 | the maximum extent of compliance with current rules that is |
| 434 | possible, the department shall allow structures and |
| 435 | appurtenances thereto which were authorized at the time such |
| 436 | lots were platted and recorded or approved. |
| 437 | 2. Lots platted before 1972 are subject to a 50-foot |
| 438 | minimum surface water setback and are not subject to lot size |
| 439 | requirements. The projected daily flow for onsite sewage |
| 440 | treatment and disposal systems for lots platted before 1972 may |
| 441 | not exceed: |
| 442 | a. Two thousand five hundred gallons per acre per day for |
| 443 | lots served by public water systems as defined in s. 403.852. |
| 444 | b. One thousand five hundred gallons per acre per day for |
| 445 | lots served by water systems regulated under s. 381.0062. |
| 446 | (h)1. The department may grant variances in hardship cases |
| 447 | which may be less restrictive than the provisions specified in |
| 448 | this section. If a variance is granted and the onsite sewage |
| 449 | treatment and disposal system construction permit has been |
| 450 | issued, the variance may be transferred with the system |
| 451 | construction permit, if the transferee files, within 60 days |
| 452 | after the transfer of ownership, an amended construction permit |
| 453 | application providing all corrected information and proof of |
| 454 | ownership of the property and if the same variance would have |
| 455 | been required for the new owner of the property as was |
| 456 | originally granted to the original applicant for the variance. |
| 457 | There is no fee associated with the processing of this |
| 458 | supplemental information. A variance may not be granted under |
| 459 | this section until the department is satisfied that: |
| 460 | a. The hardship was not caused intentionally by the action |
| 461 | of the applicant; |
| 462 | b. No reasonable alternative, taking into consideration |
| 463 | factors such as cost, exists for the treatment of the sewage; |
| 464 | and |
| 465 | c. The discharge from the onsite sewage treatment and |
| 466 | disposal system will not adversely affect the health of the |
| 467 | applicant or the public or significantly degrade the groundwater |
| 468 | or surface waters. |
| 469 |
|
| 470 | Where soil conditions, water table elevation, and setback |
| 471 | provisions are determined by the department to be satisfactory, |
| 472 | special consideration must be given to those lots platted before |
| 473 | 1972. |
| 474 | 2. The department shall appoint and staff a variance |
| 475 | review and advisory committee, which shall meet monthly to |
| 476 | recommend agency action on variance requests. The committee |
| 477 | shall make its recommendations on variance requests at the |
| 478 | meeting in which the application is scheduled for consideration, |
| 479 | except for an extraordinary change in circumstances, the receipt |
| 480 | of new information that raises new issues, or when the applicant |
| 481 | requests an extension. The committee shall consider the criteria |
| 482 | in subparagraph 1. in its recommended agency action on variance |
| 483 | requests and shall also strive to allow property owners the full |
| 484 | use of their land where possible. The committee consists of the |
| 485 | following: |
| 486 | a. The Division Director for Environmental Health of the |
| 487 | department or his or her designee. |
| 488 | b. A representative from the county health departments. |
| 489 | c. A representative from the home building industry |
| 490 | recommended by the Florida Home Builders Association. |
| 491 | d. A representative from the septic tank industry |
| 492 | recommended by the Florida Onsite Wastewater Association. |
| 493 | e. A representative from the Department of Environmental |
| 494 | Protection. |
| 495 | f. A representative from the real estate industry who is |
| 496 | also a developer in this state who develops lots using onsite |
| 497 | sewage treatment and disposal systems, recommended by the |
| 498 | Florida Association of Realtors. |
| 499 | g. A representative from the engineering profession |
| 500 | recommended by the Florida Engineering Society. |
| 501 |
|
| 502 | Members shall be appointed for a term of 3 years, with such |
| 503 | appointments being staggered so that the terms of no more than |
| 504 | two members expire in any one year. Members shall serve without |
| 505 | remuneration, but if requested, shall be reimbursed for per diem |
| 506 | and travel expenses as provided in s. 112.061. |
| 507 | (i) A construction permit may not be issued for an onsite |
| 508 | sewage treatment and disposal system in any area zoned or used |
| 509 | for industrial or manufacturing purposes, or its equivalent, |
| 510 | where a publicly owned or investor-owned sewage treatment system |
| 511 | is available, or where a likelihood exists that the system will |
| 512 | receive toxic, hazardous, or industrial waste. An existing |
| 513 | onsite sewage treatment and disposal system may be repaired if a |
| 514 | publicly owned or investor-owned sewerage system is not |
| 515 | available within 500 feet of the building sewer stub-out and if |
| 516 | system construction and operation standards can be met. This |
| 517 | paragraph does not require publicly owned or investor-owned |
| 518 | sewerage treatment systems to accept anything other than |
| 519 | domestic wastewater. |
| 520 | 1. A building located in an area zoned or used for |
| 521 | industrial or manufacturing purposes, or its equivalent, when |
| 522 | such building is served by an onsite sewage treatment and |
| 523 | disposal system, must not be occupied until the owner or tenant |
| 524 | has obtained written approval from the department. The |
| 525 | department shall not grant approval when the proposed use of the |
| 526 | system is to dispose of toxic, hazardous, or industrial |
| 527 | wastewater or toxic or hazardous chemicals. |
| 528 | 2. Each person who owns or operates a business or facility |
| 529 | in an area zoned or used for industrial or manufacturing |
| 530 | purposes, or its equivalent, or who owns or operates a business |
| 531 | that has the potential to generate toxic, hazardous, or |
| 532 | industrial wastewater or toxic or hazardous chemicals, and uses |
| 533 | an onsite sewage treatment and disposal system that is installed |
| 534 | on or after July 5, 1989, must obtain an annual system operating |
| 535 | permit from the department. A person who owns or operates a |
| 536 | business that uses an onsite sewage treatment and disposal |
| 537 | system that was installed and approved before July 5, 1989, need |
| 538 | not obtain a system operating permit. However, upon change of |
| 539 | ownership or tenancy, the new owner or operator must notify the |
| 540 | department of the change, and the new owner or operator must |
| 541 | obtain an annual system operating permit, regardless of the date |
| 542 | that the system was installed or approved. |
| 543 | 3. The department shall periodically review and evaluate |
| 544 | the continued use of onsite sewage treatment and disposal |
| 545 | systems in areas zoned or used for industrial or manufacturing |
| 546 | purposes, or its equivalent, and may require the collection and |
| 547 | analyses of samples from within and around such systems. If the |
| 548 | department finds that toxic or hazardous chemicals or toxic, |
| 549 | hazardous, or industrial wastewater have been or are being |
| 550 | disposed of through an onsite sewage treatment and disposal |
| 551 | system, the department shall initiate enforcement actions |
| 552 | against the owner or tenant to ensure adequate cleanup, |
| 553 | treatment, and disposal. |
| 554 | (j) An onsite sewage treatment and disposal system for a |
| 555 | single-family residence that is designed by a professional |
| 556 | engineer registered in the state and certified by such engineer |
| 557 | as complying with performance criteria adopted by the department |
| 558 | must be approved by the department subject to the following: |
| 559 | 1. The performance criteria applicable to engineer- |
| 560 | designed systems must be limited to those necessary to ensure |
| 561 | that such systems do not adversely affect the public health or |
| 562 | significantly degrade the groundwater or surface water. Such |
| 563 | performance criteria shall include consideration of the quality |
| 564 | of system effluent, the proposed total sewage flow per acre, |
| 565 | wastewater treatment capabilities of the natural or replaced |
| 566 | soil, water quality classification of the potential surface- |
| 567 | water-receiving body, and the structural and maintenance |
| 568 | viability of the system for the treatment of domestic |
| 569 | wastewater. However, performance criteria shall address only the |
| 570 | performance of a system and not a system's design. |
| 571 | 2. The technical review and advisory panel shall assist |
| 572 | the department in the development of performance criteria |
| 573 | applicable to engineer-designed systems. |
| 574 | 3. A person electing to utilize an engineer-designed |
| 575 | system shall, upon completion of the system design, submit such |
| 576 | design, certified by a registered professional engineer, to the |
| 577 | county health department. The county health department may |
| 578 | utilize an outside consultant to review the engineer-designed |
| 579 | system, with the actual cost of such review to be borne by the |
| 580 | applicant. Within 5 working days after receiving an engineer- |
| 581 | designed system permit application, the county health department |
| 582 | shall request additional information if the application is not |
| 583 | complete. Within 15 working days after receiving a complete |
| 584 | application for an engineer-designed system, the county health |
| 585 | department either shall issue the permit or, if it determines |
| 586 | that the system does not comply with the performance criteria, |
| 587 | shall notify the applicant of that determination and refer the |
| 588 | application to the department for a determination as to whether |
| 589 | the system should be approved, disapproved, or approved with |
| 590 | modification. The department engineer's determination shall |
| 591 | prevail over the action of the county health department. The |
| 592 | applicant shall be notified in writing of the department's |
| 593 | determination and of the applicant's rights to pursue a variance |
| 594 | or seek review under the provisions of chapter 120. |
| 595 | 4. The owner of an engineer-designed performance-based |
| 596 | system must maintain a current maintenance service agreement |
| 597 | with a maintenance entity permitted by the department. The |
| 598 | maintenance entity shall obtain a biennial system operating |
| 599 | permit from the department for each system under service |
| 600 | contract. The department shall inspect the system at least |
| 601 | annually, or on such periodic basis as the fee collected |
| 602 | permits, and may collect system-effluent samples if appropriate |
| 603 | to determine compliance with the performance criteria. The fee |
| 604 | for the biennial operating permit shall be collected beginning |
| 605 | with the second year of system operation. The maintenance entity |
| 606 | shall inspect each system at least twice each year and shall |
| 607 | report quarterly to the department on the number of systems |
| 608 | inspected and serviced. |
| 609 | 5. If an engineer-designed system fails to properly |
| 610 | function or fails to meet performance standards, the system |
| 611 | shall be re-engineered, if necessary, to bring the system into |
| 612 | compliance with the provisions of this section. |
| 613 | (k) An innovative system may be approved in conjunction |
| 614 | with an engineer-designed site-specific system which is |
| 615 | certified by the engineer to meet the performance-based criteria |
| 616 | adopted by the department. |
| 617 | (l) For the Florida Keys, the department shall adopt a |
| 618 | special rule for the construction, installation, modification, |
| 619 | operation, repair, maintenance, and performance of onsite sewage |
| 620 | treatment and disposal systems which considers the unique soil |
| 621 | conditions and which considers water table elevations, |
| 622 | densities, and setback requirements. On lots where a setback |
| 623 | distance of 75 feet from surface waters, saltmarsh, and |
| 624 | buttonwood association habitat areas cannot be met, an injection |
| 625 | well, approved and permitted by the department, may be used for |
| 626 | disposal of effluent from onsite sewage treatment and disposal |
| 627 | systems. |
| 628 | (m) No product sold in the state for use in onsite sewage |
| 629 | treatment and disposal systems may contain any substance in |
| 630 | concentrations or amounts that would interfere with or prevent |
| 631 | the successful operation of such system, or that would cause |
| 632 | discharges from such systems to violate applicable water quality |
| 633 | standards. The department shall publish criteria for products |
| 634 | known or expected to meet the conditions of this paragraph. In |
| 635 | the event a product does not meet such criteria, such product |
| 636 | may be sold if the manufacturer satisfactorily demonstrates to |
| 637 | the department that the conditions of this paragraph are met. |
| 638 | (n) Evaluations for determining the seasonal high-water |
| 639 | table elevations or the suitability of soils for the use of a |
| 640 | new onsite sewage treatment and disposal system shall be |
| 641 | performed by department personnel, professional engineers |
| 642 | registered in the state, or such other persons with expertise, |
| 643 | as defined by rule, in making such evaluations. Evaluations for |
| 644 | determining mean annual flood lines shall be performed by those |
| 645 | persons identified in paragraph (2)(i). The department shall |
| 646 | accept evaluations submitted by professional engineers and such |
| 647 | other persons as meet the expertise established by this section |
| 648 | or by rule unless the department has a reasonable scientific |
| 649 | basis for questioning the accuracy or completeness of the |
| 650 | evaluation. |
| 651 | (o) The department shall appoint a research review and |
| 652 | advisory committee, which shall meet at least semiannually. The |
| 653 | committee shall advise the department on directions for new |
| 654 | research, review and rank proposals for research contracts, and |
| 655 | review draft research reports and make comments. The committee |
| 656 | is comprised of: |
| 657 | 1. A representative of the Division of Environmental |
| 658 | Health of the Department of Health. |
| 659 | 2. A representative from the septic tank industry. |
| 660 | 3. A representative from the home building industry. |
| 661 | 4. A representative from an environmental interest group. |
| 662 | 5. A representative from the State University System, from |
| 663 | a department knowledgeable about onsite sewage treatment and |
| 664 | disposal systems. |
| 665 | 6. A professional engineer registered in this state who |
| 666 | has work experience in onsite sewage treatment and disposal |
| 667 | systems. |
| 668 | 7. A representative from the real estate profession. |
| 669 | 8. A representative from the restaurant industry. |
| 670 | 9. A consumer. |
| 671 |
|
| 672 | Members shall be appointed for a term of 3 years, with the |
| 673 | appointments being staggered so that the terms of no more than |
| 674 | four members expire in any one year. Members shall serve without |
| 675 | remuneration, but are entitled to reimbursement for per diem and |
| 676 | travel expenses as provided in s. 112.061. |
| 677 | (p) An application for an onsite sewage treatment and |
| 678 | disposal system permit shall be completed in full, signed by the |
| 679 | owner or the owner's authorized representative, or by a |
| 680 | contractor licensed under chapter 489, and shall be accompanied |
| 681 | by all required exhibits and fees. No specific documentation of |
| 682 | property ownership shall be required as a prerequisite to the |
| 683 | review of an application or the issuance of a permit. The |
| 684 | issuance of a permit does not constitute determination by the |
| 685 | department of property ownership. |
| 686 | (q) The department may not require any form of subdivision |
| 687 | analysis of property by an owner, developer, or subdivider prior |
| 688 | to submission of an application for an onsite sewage treatment |
| 689 | and disposal system. |
| 690 | (r) Nothing in this section limits the power of a |
| 691 | municipality or county to enforce other laws for the protection |
| 692 | of the public health and safety. |
| 693 | (s) In the siting of onsite sewage treatment and disposal |
| 694 | systems, including drainfields, shoulders, and slopes, guttering |
| 695 | shall not be required on single-family residential dwelling |
| 696 | units for systems located greater than 5 feet from the roof drip |
| 697 | line of the house. If guttering is used on residential dwelling |
| 698 | units, the downspouts shall be directed away from the |
| 699 | drainfield. |
| 700 | (t) Notwithstanding the provisions of subparagraph (g)1., |
| 701 | onsite sewage treatment and disposal systems located in |
| 702 | floodways of the Suwannee and Aucilla Rivers must adhere to the |
| 703 | following requirements: |
| 704 | 1. The absorption surface of the drainfield shall not be |
| 705 | subject to flooding based on 10-year flood elevations. Provided, |
| 706 | however, for lots or parcels created by the subdivision of land |
| 707 | in accordance with applicable local government regulations prior |
| 708 | to January 17, 1990, if an applicant cannot construct a |
| 709 | drainfield system with the absorption surface of the drainfield |
| 710 | at an elevation equal to or above 10-year flood elevation, the |
| 711 | department shall issue a permit for an onsite sewage treatment |
| 712 | and disposal system within the 10-year floodplain of rivers, |
| 713 | streams, and other bodies of flowing water if all of the |
| 714 | following criteria are met: |
| 715 | a. The lot is at least one-half acre in size; |
| 716 | b. The bottom of the drainfield is at least 36 inches |
| 717 | above the 2-year flood elevation; and |
| 718 | c. The applicant installs either: a waterless, |
| 719 | incinerating, or organic waste composting toilet and a graywater |
| 720 | system and drainfield in accordance with department rules; an |
| 721 | aerobic treatment unit and drainfield in accordance with |
| 722 | department rules; a system approved by the State Health Office |
| 723 | that is capable of reducing effluent nitrate by at least 50 |
| 724 | percent; or a system approved by the county health department |
| 725 | pursuant to department rule other than a system using |
| 726 | alternative drainfield materials. The United States Department |
| 727 | of Agriculture Soil Conservation Service soil maps, State of |
| 728 | Florida Water Management District data, and Federal Emergency |
| 729 | Management Agency Flood Insurance maps are resources that shall |
| 730 | be used to identify flood-prone areas. |
| 731 | 2. The use of fill or mounding to elevate a drainfield |
| 732 | system out of the 10-year floodplain of rivers, streams, or |
| 733 | other bodies of flowing water shall not be permitted if such a |
| 734 | system lies within a regulatory floodway of the Suwannee and |
| 735 | Aucilla Rivers. In cases where the 10-year flood elevation does |
| 736 | not coincide with the boundaries of the regulatory floodway, the |
| 737 | regulatory floodway will be considered for the purposes of this |
| 738 | subsection to extend at a minimum to the 10-year flood |
| 739 | elevation. |
| 740 | (u) The owner of an aerobic treatment unit system shall |
| 741 | maintain a current maintenance service agreement with an aerobic |
| 742 | treatment unit maintenance entity permitted by the department. |
| 743 | The maintenance entity shall obtain a system operating permit |
| 744 | from the department for each aerobic treatment unit under |
| 745 | service contract. The maintenance entity shall inspect each |
| 746 | aerobic treatment unit system at least twice each year and shall |
| 747 | report quarterly to the department on the number of aerobic |
| 748 | treatment unit systems inspected and serviced. The owner shall |
| 749 | allow the department to inspect during reasonable hours each |
| 750 | aerobic treatment unit system at least annually, and such |
| 751 | inspection may include collection and analysis of system- |
| 752 | effluent samples for performance criteria established by rule of |
| 753 | the department. |
| 754 | (v) The department may require the submission of detailed |
| 755 | system construction plans that are prepared by a professional |
| 756 | engineer registered in this state. The department shall |
| 757 | establish by rule criteria for determining when such a |
| 758 | submission is required. |
| 759 | Section 5. This act shall take effect upon becoming a law. |