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