HB 1359

1
A bill to be entitled
2An act relating to hazard mitigation for coastal
3redevelopment; amending s. 161.085, F.S.; specifying
4entities that are authorized to install or authorize
5installation of rigid coastal armoring structures;
6authorizing the Department of Environmental Protection to
7revoke certain authority; authorizing the installation of
8certain structures as the core of a restored dune feature
9under specified conditions; amending s. 163.3178, F.S.;
10requiring the Division of Emergency Management to manage
11certain hurricane evacuation studies; requiring that such
12studies be performed in a specified manner; defining the
13term "coastal high-hazard area"; providing that the
14application of development policies shall be at the
15discretion of local government; authorizing local
16governments to amend comprehensive plans to increase
17residential densities for certain properties; providing
18standards for certain comprehensive plan compliance;
19requiring local governments to adopt a certain level of
20service for out-of-county hurricane evacuation under
21certain circumstances; requiring local governments and
22developers to enter into certain agreements; providing a
23deadline for local governments to amend coastal management
24elements and future land use maps; amending 163.336, F.S.,
25relating to the coastal resort area redevelopment pilot
26project; revising the requirements for placement of
27certain coastal redevelopment materials; authorizing the
28Department of Environmental Protection to consider certain
29information during certain permit review; deferring the
30expiration date of the pilot project; requiring the
31department and local governments to provide a specified
32analysis of certain projects and to provide a report to
33the Legislature by a certain date; amending s. 381.0065,
34F.S.; requiring the issuance of certain permits by the
35Department of Health to be contingent upon the receipt of
36certain permits issued by the Department of Environmental
37Protection; providing an effective date.
38
39Be It Enacted by the Legislature of the State of Florida:
40
41     Section 1.  Subsection (3) of section 161.085, Florida
42Statutes, is amended, and subsections (8) and (9) are added to
43that section, to read:
44     161.085  Rigid coastal armoring structures.--
45     (3)  If erosion occurs as a result of a storm event which
46threatens private structures or public infrastructure and a
47permit has not been issued pursuant to subsection (2), unless
48the authority has been revoked by order of the department
49pursuant to subsection (8), an the agency, political
50subdivision, or municipality having jurisdiction over the
51impacted area may install or authorize installation of rigid
52coastal armoring structures for the protection of private
53structures or public infrastructure, or take other measures to
54relieve the threat to private structures or public
55infrastructure as long as the following items are considered and
56incorporated into such emergency measures:
57     (a)  Protection of the beach-dune system.
58     (b)  Siting and design criteria for the protective
59structure.
60     (c)  Impacts on adjacent properties.
61     (d)  Preservation of public beach access.
62     (e)  Protection of native coastal vegetation and nesting
63marine turtles and their hatchlings.
64     (8)  If an agency, political subdivision, or municipality
65installs or authorizes installation of a rigid coastal armoring
66structure that does not comply with subsection (3), and if the
67department determines that the action harms or interferes with
68the protection of the beach-dune system, adversely impacts
69adjacent properties, interferes with public beach access, or
70harms native coastal vegetation or nesting marine turtles or
71their hatchlings, the department may revoke by order the
72authority of the agency, political subdivision, or municipality
73under subsection (3) to install or authorize the installation of
74rigid coastal armoring structures.
75     (9)  The department, or an agency, political subdivision,
76or municipality described in subsection (3), may authorize sand-
77filled tubes or similar structures proposed as the core of a
78restored dune feature if the applicant meets the requirements of
79this section and:
80     (a)  Demonstrates that the United States Fish and Wildlife
81Service has approved a habitat conservation plan that includes
82the shoreline where each structure will be placed;
83     (b)  Provides reasonable assurance that adequate sand cover
84will be maintained over the structure such that the structure
85will not interact with the beach dune system as rigid coastal
86armoring or adversely affect marine turtle nesting and provides
87for a responsible entity to conduct such maintenance; and
88     (c)  Provides reasonable assurance that each structure will
89be removed if the maintenance required by paragraph (b) proves
90to be not feasible.
91     Section 2.  Paragraphs (d) and (h) of subsection (2) of
92section 163.3178, Florida Statutes, are amended, and subsection
93(9) is added to that section, to read:
94     163.3178  Coastal management.--
95     (2)  Each coastal management element required by s.
96163.3177(6)(g) shall be based on studies, surveys, and data; be
97consistent with coastal resource plans prepared and adopted
98pursuant to general or special law; and contain:
99     (d)  A component which outlines principles for hazard
100mitigation and protection of human life against the effects of
101natural disaster, including population evacuation, which take
102into consideration the capability to safely evacuate the density
103of coastal population proposed in the future land use plan
104element in the event of an impending natural disaster. The
105Division of Emergency Management shall manage the update of the
106regional hurricane evacuation studies, ensure such studies are
107done in a consistent manner, and ensure that the methodology
108used for modeling storm surge is that used by the National
109Hurricane Center.
110     (h)  Designation of coastal high-hazard coastal areas and
111the criteria for mitigation for a comprehensive plan amendment
112in a coastal high-hazard area as defined in subsection (9),
113which for uniformity and planning purposes herein, are defined
114as category 1 evacuation zones. The coastal high-hazard area is
115the area below the elevation of the category 1 storm surge line
116as established by a Sea, Lake and Overland Surges from
117Hurricanes (SLOSH) computerized storm surge model. However,
118Application of mitigation and the application of development and
119redevelopment policies, pursuant to s. 380.27(2), and any rules
120adopted thereunder, shall be at the discretion of local
121government.
122     (9)(a)  Local governments may elect to comply with rules
1239J-5.012(3)(b)(6) and 9J-5.012(3)(b)(7), Florida Administrative
124Code, through the process provided in this section. A proposed
125comprehensive plan amendment shall be found in compliance with
126state coastal high-hazard standards pursuant to rules 9J-
1275.012(3)(b)(6) and 9J-5.012(3)(b)(7), Florida Administrative
128Code, if:
129     1.  The adopted level of service for out-of-county
130hurricane evacuation is maintained for a category 5 storm event
131as measured on the Saffir-Simpson scale;
132     2.  A 12-hour evacuation time to shelter is maintained for
133a category 5 storm event as measured on the Saffir-Simpson scale
134and shelter space reasonably expected to accommodate the
135residents of the development contemplated by a proposed
136comprehensive plan amendment is available; or
137     3.  Appropriate mitigation is provided that will satisfy
138the provisions of subparagraph 1. or subparagraph 2. Appropriate
139mitigation shall include, without limitation, payment of money,
140contribution of land, and construction of hurricane shelters and
141transportation facilities. Required mitigation shall not exceed
142the amount required for a developer to accommodate impacts
143reasonably attributable to development. A local government and a
144developer shall enter into a binding agreement to memorialize
145the mitigation plan.
146     (b)  For those local governments that have not established
147a level of service for out-of-county hurricane evacuation by
148July 1, 2008, but elect to comply with rules 9J-5.012(3)(b)(6)
149and 9J-5.012(3)(b)(7), Florida Administrative Code, by following
150the process in paragraph (a), the level of service shall be no
151greater than 16 hours for a category 5 storm event as measured
152on the Saffir-Simpson scale.
153     (c)  This subsection shall become effective immediately and
154shall apply to all local governments. No later than July 1,
1552008, local governments shall amend their future land use map
156and coastal management element to include the new definition of
157coastal high-hazard area and to depict the coastal high-hazard
158area on the future land use map.
159     Section 3.  Subsections (2) and (3) of section 163.336,
160Florida Statutes, are amended to read:
161     163.336  Coastal resort area redevelopment pilot project.--
162     (2)  PILOT PROJECT ADMINISTRATION.--
163     (a)  To be eligible to participate in this pilot project,
164all or a portion of the area must be within:
165     1.  The coastal building zone as defined in s. 161.54; and
166     2.  A community redevelopment area, enterprise zone,
167brownfield area, empowerment zone, or other such economically
168deprived areas as designated by the county or municipality with
169jurisdiction over the area.
170     (b)  Local governments are encouraged to use the full range
171of economic and tax incentives available to facilitate and
172promote redevelopment and revitalization within the pilot
173project areas.
174     (c)  The Office of the Governor, Department of
175Environmental Protection, and the Department of Community
176Affairs are directed to provide technical assistance to expedite
177permitting for redevelopment projects and construction
178activities within the pilot project areas consistent with the
179principles, processes, and timeframes provided in s. 403.973.
180     (d)  The Department of Environmental Protection shall
181exempt construction activities within the pilot project area in
182locations seaward of a coastal construction control line and
183landward of existing armoring from certain siting and design
184criteria pursuant to s. 161.053. However, such exemption shall
185not be deemed to exempt property within the pilot project area
186from applicable local land development regulations, including
187but not limited to, setback, side lot line, and lot coverage
188requirements. Such exemption shall apply to construction and
189redevelopment of structures involving the coverage, excavation,
190and impervious surface criteria of s. 161.053, and related
191adopted rules, as follows:
192     1.  This review by the department of applications for
193permits for coastal construction within the pilot project area
194must apply to construction and redevelopment of structures
195subject to the coverage, excavation, and impervious surface
196criteria of s. 161.053, and related adopted rules. It is the
197intent of these provisions that the pilot project area be
198enabled to redevelop in a manner which meets the economic needs
199of the area while preserving public safety and existing
200resources, including natural resources.
201     2.  The criteria for review under s. 161.053 are applicable
202within the pilot project area, except that the structures within
203the pilot project area shall not be subject to specific shore
204parallel coverage requirements and are allowed to exceed the 50
205percent impervious surface requirement. In no case shall
206stormwater discharge be allowed onto, or seaward of, the frontal
207dune. Structures are also not bound by the restrictions on
208excavation unless the construction will adversely affect the
209integrity of the existing seawall or rigid coastal armoring
210structure or stability of the existing beach and dune system. It
211is specifically contemplated that underground structures,
212including garages, will be permitted. All beach-compatible
213material excavated under this subparagraph must be maintained on
214site seaward of the coastal construction control line. However,
215during the permit review process under s. 161.053, the
216department may favorably consider authorized sand placement on
217adjacent properties if the permittee has demonstrated every
218reasonable effort to effectively use all beach-quality material
219on site to enhance the beach and dune system and has prepared a
220comprehensive plan for beach and dune nourishment for the
221adjoining area.
222     3.  The review criteria in subparagraph 2. will apply to
223all construction within the pilot project area lying seaward of
224the coastal construction control line and landward of an
225existing viable seawall or rigid coastal armoring structure, if
226such construction is fronted by a seawall or rigid coastal
227armoring structure extending at least 1,000 feet without any
228interruptions other than beach access points. For purposes of
229this section, a viable seawall or rigid coastal armoring
230structure is a structure that has not deteriorated, dilapidated,
231or been damaged to such a degree that it no longer provides
232adequate protection to the upland property when considering the
233following criteria, including, but not limited to:
234     a.  The top must be at or above the still water level,
235including setup, for the design storm of 30-year return storm
236plus the breaking wave calculated at its highest achievable
237level based on the maximum eroded beach profile and highest
238surge level combination, and must be high enough to preclude
239runup overtopping;
240     b.  The armoring must be stable under the design storm of
24130-year return storm including maximum localized scour, with
242adequate penetration; and
243     c.  The armoring must have sufficient continuity or return
244walls to prevent flooding under the design storm of 30-year
245return storm from impacting the proposed construction.
246     4.  Where there exists a continuous line of rigid coastal
247armoring structure on either side of unarmored property and the
248adjacent line of rigid coastal armoring structures are having an
249adverse effect on or threaten the unarmored property, and the
250gap does not exceed 100 feet, the department may grant the
251necessary permits under s. 161.085 to close the gap.
252     5.  Structures approved pursuant to this section shall not
253cause flooding of or result in adverse impacts to existing
254upland structures or properties and shall comply with all other
255requirements of s. 161.053 and its implementing rules.
256     6.  Where there exists a continuous line of viable rigid
257coastal armoring structure on either side of a nonviable rigid
258coastal armoring structure, the department shall grant the
259necessary permits under s. 161.085 to replace such nonviable
260rigid coastal armoring structure with a viable rigid coastal
261armoring structure as defined in this section. This shall not
262apply to rigid coastal armoring structures constructed after May
2631, 1998, unless such structures have been permitted pursuant to
264s. 161.085(2).
265     (3)  PILOT PROJECT EXPIRATION.--The authorization for the
266pilot project and the provisions of this section expire December
26731, 2014 2006. The department and affected local governments
268shall provide for an independent analysis of the economic value
269and environmental impact of the pilot project and provide a
270report to the Speaker of the House of Representatives and the
271President of the Senate on or before February 1, 2008 The
272Legislature shall review these requirements before their
273scheduled expiration.
274     Section 4.  Subsection (4) of section 381.0065, Florida
275Statutes, is amended to read:
276     381.0065  Onsite sewage treatment and disposal systems;
277regulation.--
278     (4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person may
279not construct, repair, modify, abandon, or operate an onsite
280sewage treatment and disposal system without first obtaining a
281permit approved by the department. The department may issue
282permits to carry out this section, but shall not make the
283issuance of such permits contingent upon prior approval by the
284Department of Environmental Protection, except that the issuance
285of a permit for work seaward of the coastal construction control
286line established under s. 161.053 shall be contingent upon
287receipt of any required coastal construction control line permit
288from the Department of Environmental Protection. A construction
289permit is valid for 18 months from the issuance date and may be
290extended by the department for one 90-day period under rules
291adopted by the department. A repair permit is valid for 90 days
292from the date of issuance. An operating permit must be obtained
293prior to the use of any aerobic treatment unit or if the
294establishment generates commercial waste. Buildings or
295establishments that use an aerobic treatment unit or generate
296commercial waste shall be inspected by the department at least
297annually to assure compliance with the terms of the operating
298permit. The operating permit for a commercial wastewater system
299is valid for 1 year from the date of issuance and must be
300renewed annually. The operating permit for an aerobic treatment
301unit is valid for 2 years from the date of issuance and must be
302renewed every 2 years. If all information pertaining to the
303siting, location, and installation conditions or repair of an
304onsite sewage treatment and disposal system remains the same, a
305construction or repair permit for the onsite sewage treatment
306and disposal system may be transferred to another person, if the
307transferee files, within 60 days after the transfer of
308ownership, an amended application providing all corrected
309information and proof of ownership of the property. There is no
310fee associated with the processing of this supplemental
311information. A person may not contract to construct, modify,
312alter, repair, service, abandon, or maintain any portion of an
313onsite sewage treatment and disposal system without being
314registered under part III of chapter 489. A property owner who
315personally performs construction, maintenance, or repairs to a
316system serving his or her own owner-occupied single-family
317residence is exempt from registration requirements for
318performing such construction, maintenance, or repairs on that
319residence, but is subject to all permitting requirements. A
320municipality or political subdivision of the state may not issue
321a building or plumbing permit for any building that requires the
322use of an onsite sewage treatment and disposal system unless the
323owner or builder has received a construction permit for such
324system from the department. A building or structure may not be
325occupied and a municipality, political subdivision, or any state
326or federal agency may not authorize occupancy until the
327department approves the final installation of the onsite sewage
328treatment and disposal system. A municipality or political
329subdivision of the state may not approve any change in occupancy
330or tenancy of a building that uses an onsite sewage treatment
331and disposal system until the department has reviewed the use of
332the system with the proposed change, approved the change, and
333amended the operating permit.
334     (a)  Subdivisions and lots in which each lot has a minimum
335area of at least one-half acre and either a minimum dimension of
336100 feet or a mean of at least 100 feet of the side bordering
337the street and the distance formed by a line parallel to the
338side bordering the street drawn between the two most distant
339points of the remainder of the lot may be developed with a water
340system regulated under s. 381.0062 and onsite sewage treatment
341and disposal systems, provided the projected daily sewage flow
342does not exceed an average of 1,500 gallons per acre per day,
343and provided satisfactory drinking water can be obtained and all
344distance and setback, soil condition, water table elevation, and
345other related requirements of this section and rules adopted
346under this section can be met.
347     (b)  Subdivisions and lots using a public water system as
348defined in s. 403.852 may use onsite sewage treatment and
349disposal systems, provided there are no more than four lots per
350acre, provided the projected daily sewage flow does not exceed
351an average of 2,500 gallons per acre per day, and provided that
352all distance and setback, soil condition, water table elevation,
353and other related requirements that are generally applicable to
354the use of onsite sewage treatment and disposal systems are met.
355     (c)  Notwithstanding the provisions of paragraphs (a) and
356(b), for subdivisions platted of record on or before October 1,
3571991, when a developer or other appropriate entity has
358previously made or makes provisions, including financial
359assurances or other commitments, acceptable to the Department of
360Health, that a central water system will be installed by a
361regulated public utility based on a density formula, private
362potable wells may be used with onsite sewage treatment and
363disposal systems until the agreed-upon densities are reached.
364The department may consider assurances filed with the Department
365of Business and Professional Regulation under chapter 498 in
366determining the adequacy of the financial assurance required by
367this paragraph. In a subdivision regulated by this paragraph,
368the average daily sewage flow may not exceed 2,500 gallons per
369acre per day. This section does not affect the validity of
370existing prior agreements. After October 1, 1991, the exception
371provided under this paragraph is not available to a developer or
372other appropriate entity.
373     (d)  Paragraphs (a) and (b) do not apply to any proposed
374residential subdivision with more than 50 lots or to any
375proposed commercial subdivision with more than 5 lots where a
376publicly owned or investor-owned sewerage system is available.
377It is the intent of this paragraph not to allow development of
378additional proposed subdivisions in order to evade the
379requirements of this paragraph.
380     (e)  Onsite sewage treatment and disposal systems must not
381be placed closer than:
382     1.  Seventy-five feet from a private potable well.
383     2.  Two hundred feet from a public potable well serving a
384residential or nonresidential establishment having a total
385sewage flow of greater than 2,000 gallons per day.
386     3.  One hundred feet from a public potable well serving a
387residential or nonresidential establishment having a total
388sewage flow of less than or equal to 2,000 gallons per day.
389     4.  Fifty feet from any nonpotable well.
390     5.  Ten feet from any storm sewer pipe, to the maximum
391extent possible, but in no instance shall the setback be less
392than 5 feet.
393     6.  Seventy-five feet from the mean high-water line of a
394tidally influenced surface water body.
395     7.  Seventy-five feet from the mean annual flood line of a
396permanent nontidal surface water body.
397     8.  Fifteen feet from the design high-water line of
398retention areas, detention areas, or swales designed to contain
399standing or flowing water for less than 72 hours after a
400rainfall or the design high-water level of normally dry drainage
401ditches or normally dry individual lot stormwater retention
402areas.
403     (f)  Except as provided under paragraphs (e) and (t), no
404limitations shall be imposed by rule, relating to the distance
405between an onsite disposal system and any area that either
406permanently or temporarily has visible surface water.
407     (g)  All provisions of this section and rules adopted under
408this section relating to soil condition, water table elevation,
409distance, and other setback requirements must be equally applied
410to all lots, with the following exceptions:
411     1.  Any residential lot that was platted and recorded on or
412after January 1, 1972, or that is part of a residential
413subdivision that was approved by the appropriate permitting
414agency on or after January 1, 1972, and that was eligible for an
415onsite sewage treatment and disposal system construction permit
416on the date of such platting and recording or approval shall be
417eligible for an onsite sewage treatment and disposal system
418construction permit, regardless of when the application for a
419permit is made. If rules in effect at the time the permit
420application is filed cannot be met, residential lots platted and
421recorded or approved on or after January 1, 1972, shall, to the
422maximum extent possible, comply with the rules in effect at the
423time the permit application is filed. At a minimum, however,
424those residential lots platted and recorded or approved on or
425after January 1, 1972, but before January 1, 1983, shall comply
426with those rules in effect on January 1, 1983, and those
427residential lots platted and recorded or approved on or after
428January 1, 1983, shall comply with those rules in effect at the
429time of such platting and recording or approval. In determining
430the maximum extent of compliance with current rules that is
431possible, the department shall allow structures and
432appurtenances thereto which were authorized at the time such
433lots were platted and recorded or approved.
434     2.  Lots platted before 1972 are subject to a 50-foot
435minimum surface water setback and are not subject to lot size
436requirements. The projected daily flow for onsite sewage
437treatment and disposal systems for lots platted before 1972 may
438not exceed:
439     a.  Two thousand five hundred gallons per acre per day for
440lots served by public water systems as defined in s. 403.852.
441     b.  One thousand five hundred gallons per acre per day for
442lots served by water systems regulated under s. 381.0062.
443     (h)1.  The department may grant variances in hardship cases
444which may be less restrictive than the provisions specified in
445this section. If a variance is granted and the onsite sewage
446treatment and disposal system construction permit has been
447issued, the variance may be transferred with the system
448construction permit, if the transferee files, within 60 days
449after the transfer of ownership, an amended construction permit
450application providing all corrected information and proof of
451ownership of the property and if the same variance would have
452been required for the new owner of the property as was
453originally granted to the original applicant for the variance.
454There is no fee associated with the processing of this
455supplemental information. A variance may not be granted under
456this section until the department is satisfied that:
457     a.  The hardship was not caused intentionally by the action
458of the applicant;
459     b.  No reasonable alternative, taking into consideration
460factors such as cost, exists for the treatment of the sewage;
461and
462     c.  The discharge from the onsite sewage treatment and
463disposal system will not adversely affect the health of the
464applicant or the public or significantly degrade the groundwater
465or surface waters.
466
467Where soil conditions, water table elevation, and setback
468provisions are determined by the department to be satisfactory,
469special consideration must be given to those lots platted before
4701972.
471     2.  The department shall appoint and staff a variance
472review and advisory committee, which shall meet monthly to
473recommend agency action on variance requests. The committee
474shall make its recommendations on variance requests at the
475meeting in which the application is scheduled for consideration,
476except for an extraordinary change in circumstances, the receipt
477of new information that raises new issues, or when the applicant
478requests an extension. The committee shall consider the criteria
479in subparagraph 1. in its recommended agency action on variance
480requests and shall also strive to allow property owners the full
481use of their land where possible. The committee consists of the
482following:
483     a.  The Division Director for Environmental Health of the
484department or his or her designee.
485     b.  A representative from the county health departments.
486     c.  A representative from the home building industry
487recommended by the Florida Home Builders Association.
488     d.  A representative from the septic tank industry
489recommended by the Florida Onsite Wastewater Association.
490     e.  A representative from the Department of Environmental
491Protection.
492     f.  A representative from the real estate industry who is
493also a developer in this state who develops lots using onsite
494sewage treatment and disposal systems, recommended by the
495Florida Association of Realtors.
496     g.  A representative from the engineering profession
497recommended by the Florida Engineering Society.
498
499Members shall be appointed for a term of 3 years, with such
500appointments being staggered so that the terms of no more than
501two members expire in any one year. Members shall serve without
502remuneration, but if requested, shall be reimbursed for per diem
503and travel expenses as provided in s. 112.061.
504     (i)  A construction permit may not be issued for an onsite
505sewage treatment and disposal system in any area zoned or used
506for industrial or manufacturing purposes, or its equivalent,
507where a publicly owned or investor-owned sewage treatment system
508is available, or where a likelihood exists that the system will
509receive toxic, hazardous, or industrial waste. An existing
510onsite sewage treatment and disposal system may be repaired if a
511publicly owned or investor-owned sewerage system is not
512available within 500 feet of the building sewer stub-out and if
513system construction and operation standards can be met. This
514paragraph does not require publicly owned or investor-owned
515sewerage treatment systems to accept anything other than
516domestic wastewater.
517     1.  A building located in an area zoned or used for
518industrial or manufacturing purposes, or its equivalent, when
519such building is served by an onsite sewage treatment and
520disposal system, must not be occupied until the owner or tenant
521has obtained written approval from the department. The
522department shall not grant approval when the proposed use of the
523system is to dispose of toxic, hazardous, or industrial
524wastewater or toxic or hazardous chemicals.
525     2.  Each person who owns or operates a business or facility
526in an area zoned or used for industrial or manufacturing
527purposes, or its equivalent, or who owns or operates a business
528that has the potential to generate toxic, hazardous, or
529industrial wastewater or toxic or hazardous chemicals, and uses
530an onsite sewage treatment and disposal system that is installed
531on or after July 5, 1989, must obtain an annual system operating
532permit from the department. A person who owns or operates a
533business that uses an onsite sewage treatment and disposal
534system that was installed and approved before July 5, 1989, need
535not obtain a system operating permit. However, upon change of
536ownership or tenancy, the new owner or operator must notify the
537department of the change, and the new owner or operator must
538obtain an annual system operating permit, regardless of the date
539that the system was installed or approved.
540     3.  The department shall periodically review and evaluate
541the continued use of onsite sewage treatment and disposal
542systems in areas zoned or used for industrial or manufacturing
543purposes, or its equivalent, and may require the collection and
544analyses of samples from within and around such systems. If the
545department finds that toxic or hazardous chemicals or toxic,
546hazardous, or industrial wastewater have been or are being
547disposed of through an onsite sewage treatment and disposal
548system, the department shall initiate enforcement actions
549against the owner or tenant to ensure adequate cleanup,
550treatment, and disposal.
551     (j)  An onsite sewage treatment and disposal system for a
552single-family residence that is designed by a professional
553engineer registered in the state and certified by such engineer
554as complying with performance criteria adopted by the department
555must be approved by the department subject to the following:
556     1.  The performance criteria applicable to engineer-
557designed systems must be limited to those necessary to ensure
558that such systems do not adversely affect the public health or
559significantly degrade the groundwater or surface water. Such
560performance criteria shall include consideration of the quality
561of system effluent, the proposed total sewage flow per acre,
562wastewater treatment capabilities of the natural or replaced
563soil, water quality classification of the potential surface-
564water-receiving body, and the structural and maintenance
565viability of the system for the treatment of domestic
566wastewater. However, performance criteria shall address only the
567performance of a system and not a system's design.
568     2.  The technical review and advisory panel shall assist
569the department in the development of performance criteria
570applicable to engineer-designed systems.
571     3.  A person electing to utilize an engineer-designed
572system shall, upon completion of the system design, submit such
573design, certified by a registered professional engineer, to the
574county health department. The county health department may
575utilize an outside consultant to review the engineer-designed
576system, with the actual cost of such review to be borne by the
577applicant. Within 5 working days after receiving an engineer-
578designed system permit application, the county health department
579shall request additional information if the application is not
580complete. Within 15 working days after receiving a complete
581application for an engineer-designed system, the county health
582department either shall issue the permit or, if it determines
583that the system does not comply with the performance criteria,
584shall notify the applicant of that determination and refer the
585application to the department for a determination as to whether
586the system should be approved, disapproved, or approved with
587modification. The department engineer's determination shall
588prevail over the action of the county health department. The
589applicant shall be notified in writing of the department's
590determination and of the applicant's rights to pursue a variance
591or seek review under the provisions of chapter 120.
592     4.  The owner of an engineer-designed performance-based
593system must maintain a current maintenance service agreement
594with a maintenance entity permitted by the department. The
595maintenance entity shall obtain a biennial system operating
596permit from the department for each system under service
597contract. The department shall inspect the system at least
598annually, or on such periodic basis as the fee collected
599permits, and may collect system-effluent samples if appropriate
600to determine compliance with the performance criteria. The fee
601for the biennial operating permit shall be collected beginning
602with the second year of system operation. The maintenance entity
603shall inspect each system at least twice each year and shall
604report quarterly to the department on the number of systems
605inspected and serviced.
606     5.  If an engineer-designed system fails to properly
607function or fails to meet performance standards, the system
608shall be re-engineered, if necessary, to bring the system into
609compliance with the provisions of this section.
610     (k)  An innovative system may be approved in conjunction
611with an engineer-designed site-specific system which is
612certified by the engineer to meet the performance-based criteria
613adopted by the department.
614     (l)  For the Florida Keys, the department shall adopt a
615special rule for the construction, installation, modification,
616operation, repair, maintenance, and performance of onsite sewage
617treatment and disposal systems which considers the unique soil
618conditions and which considers water table elevations,
619densities, and setback requirements. On lots where a setback
620distance of 75 feet from surface waters, saltmarsh, and
621buttonwood association habitat areas cannot be met, an injection
622well, approved and permitted by the department, may be used for
623disposal of effluent from onsite sewage treatment and disposal
624systems.
625     (m)  No product sold in the state for use in onsite sewage
626treatment and disposal systems may contain any substance in
627concentrations or amounts that would interfere with or prevent
628the successful operation of such system, or that would cause
629discharges from such systems to violate applicable water quality
630standards. The department shall publish criteria for products
631known or expected to meet the conditions of this paragraph. In
632the event a product does not meet such criteria, such product
633may be sold if the manufacturer satisfactorily demonstrates to
634the department that the conditions of this paragraph are met.
635     (n)  Evaluations for determining the seasonal high-water
636table elevations or the suitability of soils for the use of a
637new onsite sewage treatment and disposal system shall be
638performed by department personnel, professional engineers
639registered in the state, or such other persons with expertise,
640as defined by rule, in making such evaluations. Evaluations for
641determining mean annual flood lines shall be performed by those
642persons identified in paragraph (2)(i). The department shall
643accept evaluations submitted by professional engineers and such
644other persons as meet the expertise established by this section
645or by rule unless the department has a reasonable scientific
646basis for questioning the accuracy or completeness of the
647evaluation.
648     (o)  The department shall appoint a research review and
649advisory committee, which shall meet at least semiannually. The
650committee shall advise the department on directions for new
651research, review and rank proposals for research contracts, and
652review draft research reports and make comments. The committee
653is comprised of:
654     1.  A representative of the Division of Environmental
655Health of the Department of Health.
656     2.  A representative from the septic tank industry.
657     3.  A representative from the home building industry.
658     4.  A representative from an environmental interest group.
659     5.  A representative from the State University System, from
660a department knowledgeable about onsite sewage treatment and
661disposal systems.
662     6.  A professional engineer registered in this state who
663has work experience in onsite sewage treatment and disposal
664systems.
665     7.  A representative from the real estate profession.
666     8.  A representative from the restaurant industry.
667     9.  A consumer.
668
669Members shall be appointed for a term of 3 years, with the
670appointments being staggered so that the terms of no more than
671four members expire in any one year. Members shall serve without
672remuneration, but are entitled to reimbursement for per diem and
673travel expenses as provided in s. 112.061.
674     (p)  An application for an onsite sewage treatment and
675disposal system permit shall be completed in full, signed by the
676owner or the owner's authorized representative, or by a
677contractor licensed under chapter 489, and shall be accompanied
678by all required exhibits and fees. No specific documentation of
679property ownership shall be required as a prerequisite to the
680review of an application or the issuance of a permit. The
681issuance of a permit does not constitute determination by the
682department of property ownership.
683     (q)  The department may not require any form of subdivision
684analysis of property by an owner, developer, or subdivider prior
685to submission of an application for an onsite sewage treatment
686and disposal system.
687     (r)  Nothing in this section limits the power of a
688municipality or county to enforce other laws for the protection
689of the public health and safety.
690     (s)  In the siting of onsite sewage treatment and disposal
691systems, including drainfields, shoulders, and slopes, guttering
692shall not be required on single-family residential dwelling
693units for systems located greater than 5 feet from the roof drip
694line of the house. If guttering is used on residential dwelling
695units, the downspouts shall be directed away from the
696drainfield.
697     (t)  Notwithstanding the provisions of subparagraph (g)1.,
698onsite sewage treatment and disposal systems located in
699floodways of the Suwannee and Aucilla Rivers must adhere to the
700following requirements:
701     1.  The absorption surface of the drainfield shall not be
702subject to flooding based on 10-year flood elevations. Provided,
703however, for lots or parcels created by the subdivision of land
704in accordance with applicable local government regulations prior
705to January 17, 1990, if an applicant cannot construct a
706drainfield system with the absorption surface of the drainfield
707at an elevation equal to or above 10-year flood elevation, the
708department shall issue a permit for an onsite sewage treatment
709and disposal system within the 10-year floodplain of rivers,
710streams, and other bodies of flowing water if all of the
711following criteria are met:
712     a.  The lot is at least one-half acre in size;
713     b.  The bottom of the drainfield is at least 36 inches
714above the 2-year flood elevation; and
715     c.  The applicant installs either: a waterless,
716incinerating, or organic waste composting toilet and a graywater
717system and drainfield in accordance with department rules; an
718aerobic treatment unit and drainfield in accordance with
719department rules; a system approved by the State Health Office
720that is capable of reducing effluent nitrate by at least 50
721percent; or a system approved by the county health department
722pursuant to department rule other than a system using
723alternative drainfield materials. The United States Department
724of Agriculture Soil Conservation Service soil maps, State of
725Florida Water Management District data, and Federal Emergency
726Management Agency Flood Insurance maps are resources that shall
727be used to identify flood-prone areas.
728     2.  The use of fill or mounding to elevate a drainfield
729system out of the 10-year floodplain of rivers, streams, or
730other bodies of flowing water shall not be permitted if such a
731system lies within a regulatory floodway of the Suwannee and
732Aucilla Rivers. In cases where the 10-year flood elevation does
733not coincide with the boundaries of the regulatory floodway, the
734regulatory floodway will be considered for the purposes of this
735subsection to extend at a minimum to the 10-year flood
736elevation.
737     (u)  The owner of an aerobic treatment unit system shall
738maintain a current maintenance service agreement with an aerobic
739treatment unit maintenance entity permitted by the department.
740The maintenance entity shall obtain a system operating permit
741from the department for each aerobic treatment unit under
742service contract. The maintenance entity shall inspect each
743aerobic treatment unit system at least twice each year and shall
744report quarterly to the department on the number of aerobic
745treatment unit systems inspected and serviced. The owner shall
746allow the department to inspect during reasonable hours each
747aerobic treatment unit system at least annually, and such
748inspection may include collection and analysis of system-
749effluent samples for performance criteria established by rule of
750the department.
751     (v)  The department may require the submission of detailed
752system construction plans that are prepared by a professional
753engineer registered in this state. The department shall
754establish by rule criteria for determining when such a
755submission is required.
756     Section 5.  This act shall take effect upon becoming a law.


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