Senate Bill sb2216e1
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1 A bill to be entitled
2 An act relating to hazard mitigation for
3 coastal development; amending s. 161.085, F.S.;
4 authorizing an agency, political subdivision,
5 or municipality having jurisdiction over an
6 impacted area to install rigid coastal armoring
7 structures; authorizing the Department of
8 Environmental Protection to revoke the
9 authority of an agency, political subdivision,
10 or municipality to install rigid coastal
11 armoring structures; specifying conditions
12 under which sand filled tubes or similar
13 structures may be authorized as the core of a
14 restored dune feature; amending s. 163.3178,
15 F.S.; requiring the Division of Emergency
16 Management to manage the update of regional
17 hurricane evacuation studies; defining the term
18 "coastal high-hazard area"; requiring the
19 Department of Community Affairs to find that an
20 application to amend a local government
21 comprehensive plan which meets specified
22 conditions concerning hurricane evacuation,
23 evacuation time, and related mitigation
24 complies with state coastal high-hazard
25 standards; requiring each local government to
26 amend its future land use map and comprehensive
27 plan by a certain date to reflect such
28 requirement and conditions; requiring local
29 governments and developers to enter into
30 certain agreements; amending s. 163.336, F.S.;
31 revising the requirements for the placement of
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1 beach-compatible material that is excavated
2 during the coastal resort area redevelopment
3 pilot project; extending the expiration date of
4 the pilot project; requiring a report; amending
5 s. 381.0065, F.S.; requiring the issuance of
6 certain permits by the Department of Health for
7 work seaward of the coastal construction
8 control line to be contingent upon receipt of a
9 coastal construction control line permit from
10 the Department of Environmental Protection;
11 providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Subsection (3) of section 161.085, Florida
16 Statutes, is amended, and subsections (8) and (9) are added
17 to that section, to read:
18 161.085 Rigid coastal armoring structures.--
19 (3) If erosion occurs as a result of a storm event
20 which threatens private structures or public infrastructure
21 and a permit has not been issued pursuant to subsection (2),
22 unless the authority has been revoked by order of the
23 department pursuant to subsection (8), an the agency,
24 political subdivision, or municipality having jurisdiction
25 over the impacted area may install or authorize installation
26 of rigid coastal armoring structures for the protection of
27 private structures or public infrastructure, or take other
28 measures to relieve the threat to private structures or public
29 infrastructure as long as the following items are considered
30 and incorporated into such emergency measures:
31 (a) Protection of the beach-dune system.
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1 (b) Siting and design criteria for the protective
2 structure.
3 (c) Impacts on adjacent properties.
4 (d) Preservation of public beach access.
5 (e) Protection of native coastal vegetation and
6 nesting marine turtles and their hatchlings.
7 (8) If a political subdivision or municipality
8 installs or authorizes installation of a rigid coastal
9 armoring structure that does not comply with subsection (3),
10 and if the department determines that the action harms or
11 interferes with the protection of the beach-dune system,
12 adversely impacts adjacent properties, interferes with public
13 beach access, or harms native coastal vegetation or nesting
14 marine turtles or their hatchlings, the department may revoke
15 by order the authority of the political subdivision or
16 municipality under subsection (3) to install or authorize the
17 installation of rigid coastal armoring structures.
18 (9) The department, or an agency, political
19 subdivision, or municipality described in subsection (3), may
20 authorize sand-filled tubes or similar structures proposed as
21 the core of a restored dune feature if the applicant meets the
22 requirements of this part and:
23 (a) Demonstrates that the United States Fish and
24 Wildlife Service has approved a habitat conservation plan that
25 includes the shoreline where each structure will be placed;
26 (b) Provides reasonable assurance that adequate sand
27 cover will be maintained over the structure such that the
28 structure will not interact with the beach dune system as
29 rigid coastal armoring or adversely affect marine turtle
30 nesting and provides for a responsible entity to conduct such
31 maintenance; and
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1 (c) Provides reasonable assurance that each structure
2 will be removed if the maintenance required by paragraph (b)
3 proves to be not feasible.
4 Section 2. Paragraphs (d) and (h) of subsection (2) of
5 section 163.3178, Florida Statutes, are amended, and
6 subsection (9) is added to that section, to read:
7 163.3178 Coastal management.--
8 (2) Each coastal management element required by s.
9 163.3177(6)(g) shall be based on studies, surveys, and data;
10 be consistent with coastal resource plans prepared and adopted
11 pursuant to general or special law; and contain:
12 (d) A component which outlines principles for hazard
13 mitigation and protection of human life against the effects of
14 natural disaster, including population evacuation, which take
15 into consideration the capability to safely evacuate the
16 density of coastal population proposed in the future land use
17 plan element in the event of an impending natural disaster.
18 The Division of Emergency Management shall manage the update
19 of the regional hurricane evacuation studies, ensure such
20 studies are done in a consistent manner, and ensure that the
21 methodology used for modeling storm surge is that used by the
22 National Hurricane Center.
23 (h) Designation of coastal high-hazard coastal areas
24 and the criteria for mitigation for a comprehensive plan
25 amendment in the coastal high-hazard area as defined in
26 subsection (9), which for uniformity and planning purposes
27 herein, are defined as category 1 evacuation zones. The
28 coastal high-hazard area is the area below the elevation of
29 the category 1 storm surge line as established by the Sea,
30 Lake and Overland Surges from Hurricanes (SLOSH) computerized
31 storm surge model. However, Application of mitigation and
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1 development and redevelopment policies, pursuant to s.
2 380.27(2), and any rules adopted thereunder, shall be at the
3 discretion of local government.
4 (9)(a) A local government may elect to comply with
5 rules 9J-5.012(3)(b)(6) and 9J-5.012(3)(b)(7), Florida
6 Administrative Code, through the process provided in this
7 section. A proposed amendment to a comprehensive plan is in
8 compliance with state coastal high-hazard provisions as
9 provided in rule 9J-5.012(3)(b)(6) and 9J-5.012(3)(b)(7) if:
10 1. The adopted level of service for out-of-county
11 hurricane evacuation is maintained for a category 5 storm
12 event, as measured by the Saffir-Simpson Scale;
13 2. A 12-hour evacuation time-to-shelter is maintained
14 for the category 5 storm event, as measured by the
15 Saffir-Simpson Scale, and shelter space reasonably expected to
16 accommodate the residents of the development contemplated by a
17 proposed amendment to the comprehensive plan is available; or
18 3. Appropriate mitigation is provided that will
19 satisfy the provisions of subparagraph 1. or subparagraph 2.
20 Appropriate mitigation shall include, without limitation,
21 payment of money, contribution of land, and construction of
22 hurricane shelters and transportation facilities. Required
23 mitigation shall not exceed the amount required for a
24 developer to accommodate impacts reasonably attributable to
25 development. A local government and a developer shall enter
26 into a binding agreement to memorialize the mitigation plan.
27 (b) For those local governments that have not
28 established a level of service for out-of-county hurricane
29 evacuation by July 1, 2008, but elect to comply with rules
30 9J-5.012(3)(b)(6) and 9J-5.012(3)(b)(7), Florida
31 Administrative Code, by following the process in paragraph
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1 (a), the level of service shall be no greater than 16 hours
2 for a category 5 storm event as measured on the Saffir-Simpson
3 scale.
4 (c) By July 1, 2008, each local government must amend
5 its future land use map and coastal management element to
6 include the new definition of coastal high-hazard area and to
7 depict the coastal high-hazard area on the future land use
8 maps.
9 (d) This subsection shall take effect upon this act
10 becoming a law and applies to all local governments.
11 Section 3. Subsections (2) and (3) of section 163.336,
12 Florida Statutes, are amended to read:
13 163.336 Coastal resort area redevelopment pilot
14 project.--
15 (2) PILOT PROJECT ADMINISTRATION.--
16 (a) To be eligible to participate in this pilot
17 project, all or a portion of the area must be within:
18 1. The coastal building zone as defined in s. 161.54;
19 and
20 2. A community redevelopment area, enterprise zone,
21 brownfield area, empowerment zone, or other such economically
22 deprived areas as designated by the county or municipality
23 with jurisdiction over the area.
24 (b) Local governments are encouraged to use the full
25 range of economic and tax incentives available to facilitate
26 and promote redevelopment and revitalization within the pilot
27 project areas.
28 (c) The Office of the Governor, Department of
29 Environmental Protection, and the Department of Community
30 Affairs are directed to provide technical assistance to
31 expedite permitting for redevelopment projects and
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1 construction activities within the pilot project areas
2 consistent with the principles, processes, and timeframes
3 provided in s. 403.973.
4 (d) The Department of Environmental Protection shall
5 exempt construction activities within the pilot project area
6 in locations seaward of a coastal construction control line
7 and landward of existing armoring from certain siting and
8 design criteria pursuant to s. 161.053. However, such
9 exemption shall not be deemed to exempt property within the
10 pilot project area from applicable local land development
11 regulations, including but not limited to, setback, side lot
12 line, and lot coverage requirements. Such exemption shall
13 apply to construction and redevelopment of structures
14 involving the coverage, excavation, and impervious surface
15 criteria of s. 161.053, and related adopted rules, as follows:
16 1. This review by the department of applications for
17 permits for coastal construction within the pilot project area
18 must apply to construction and redevelopment of structures
19 subject to the coverage, excavation, and impervious surface
20 criteria of s. 161.053, and related adopted rules. It is the
21 intent of these provisions that the pilot project area be
22 enabled to redevelop in a manner which meets the economic
23 needs of the area while preserving public safety and existing
24 resources, including natural resources.
25 2. The criteria for review under s. 161.053 are
26 applicable within the pilot project area, except that the
27 structures within the pilot project area shall not be subject
28 to specific shore parallel coverage requirements and are
29 allowed to exceed the 50 percent impervious surface
30 requirement. In no case shall stormwater discharge be allowed
31 onto, or seaward of, the frontal dune. Structures are also not
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1 bound by the restrictions on excavation unless the
2 construction will adversely affect the integrity of the
3 existing seawall or rigid coastal armoring structure or
4 stability of the existing beach and dune system. It is
5 specifically contemplated that underground structures,
6 including garages, will be permitted. All beach-compatible
7 material excavated under this subparagraph must be maintained
8 on site seaward of the coastal construction control line.
9 However, during the permit-review process, pursuant to s.
10 161.053, the department may favorably consider authorized sand
11 placement on adjacent properties if the permittee has
12 demonstrated every reasonable effort to effectively use all
13 beach-quality material on site to enhance the beach and dune
14 system, and has prepared a comprehensive plan for beach and
15 dune nourishment for the adjoining area.
16 3. The review criteria in subparagraph 2. will apply
17 to all construction within the pilot project area lying
18 seaward of the coastal construction control line and landward
19 of an existing viable seawall or rigid coastal armoring
20 structure, if such construction is fronted by a seawall or
21 rigid coastal armoring structure extending at least 1,000 feet
22 without any interruptions other than beach access points. For
23 purposes of this section, a viable seawall or rigid coastal
24 armoring structure is a structure that has not deteriorated,
25 dilapidated, or been damaged to such a degree that it no
26 longer provides adequate protection to the upland property
27 when considering the following criteria, including, but not
28 limited to:
29 a. The top must be at or above the still water level,
30 including setup, for the design storm of 30-year return storm
31 plus the breaking wave calculated at its highest achievable
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1 level based on the maximum eroded beach profile and highest
2 surge level combination, and must be high enough to preclude
3 runup overtopping;
4 b. The armoring must be stable under the design storm
5 of 30-year return storm, including maximum localized scour,
6 with adequate penetration; and
7 c. The armoring must have sufficient continuity or
8 return walls to prevent flooding under the design storm of
9 30-year return storm from impacting the proposed construction.
10 4. Where there exists a continuous line of rigid
11 coastal armoring structure on either side of unarmored
12 property and the adjacent line of rigid coastal armoring
13 structures are having an adverse effect on or threaten the
14 unarmored property, and the gap does not exceed 100 feet, the
15 department may grant the necessary permits under s. 161.085 to
16 close the gap.
17 5. Structures approved pursuant to this section shall
18 not cause flooding of or result in adverse impacts to existing
19 upland structures or properties and shall comply with all
20 other requirements of s. 161.053 and its implementing rules.
21 6. Where there exists a continuous line of viable
22 rigid coastal armoring structure on either side of a nonviable
23 rigid coastal armoring structure, the department shall grant
24 the necessary permits under s. 161.085 to replace such
25 nonviable rigid coastal armoring structure with a viable rigid
26 coastal armoring structure as defined in this section. This
27 shall not apply to rigid coastal armoring structures
28 constructed after May 1, 1998, unless such structures have
29 been permitted pursuant to s. 161.085(2).
30 (3) PILOT PROJECT EXPIRATION.--The authorization for
31 the pilot project and the provisions of this section expire
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1 December 31, 2014 2006. The department and affected local
2 governments shall provide for an independent analysis of the
3 economic value and environmental impact of the pilot project
4 and provide a report to the Legislature on or before February
5 1, 2008.
6 Section 4. Subsection (4) of section 381.0065, Florida
7 Statutes, is amended to read:
8 381.0065 Onsite sewage treatment and disposal systems;
9 regulation.--
10 (4) PERMITS; INSTALLATION; AND CONDITIONS.--A person
11 may not construct, repair, modify, abandon, or operate an
12 onsite sewage treatment and disposal system without first
13 obtaining a permit approved by the department. The department
14 may issue permits to carry out this section, but shall not
15 make the issuance of such permits contingent upon prior
16 approval by the Department of Environmental Protection, except
17 that the issuance of a permit for work seaward of the coastal
18 construction control line established under s. 161.053 shall
19 be contingent upon receipt of any required coastal
20 construction control line permit from the Department of
21 Environmental Protection. A construction permit is valid for
22 18 months from the issuance date and may be extended by the
23 department for one 90-day period under rules adopted by the
24 department. A repair permit is valid for 90 days from the date
25 of issuance. An operating permit must be obtained prior to the
26 use of any aerobic treatment unit or if the establishment
27 generates commercial waste. Buildings or establishments that
28 use an aerobic treatment unit or generate commercial waste
29 shall be inspected by the department at least annually to
30 assure compliance with the terms of the operating permit. The
31 operating permit for a commercial wastewater system is valid
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1 for 1 year from the date of issuance and must be renewed
2 annually. The operating permit for an aerobic treatment unit
3 is valid for 2 years from the date of issuance and must be
4 renewed every 2 years. If all information pertaining to the
5 siting, location, and installation conditions or repair of an
6 onsite sewage treatment and disposal system remains the same,
7 a construction or repair permit for the onsite sewage
8 treatment and disposal system may be transferred to another
9 person, if the transferee files, within 60 days after the
10 transfer of ownership, an amended application providing all
11 corrected information and proof of ownership of the property.
12 There is no fee associated with the processing of this
13 supplemental information. A person may not contract to
14 construct, modify, alter, repair, service, abandon, or
15 maintain any portion of an onsite sewage treatment and
16 disposal system without being registered under part III of
17 chapter 489. A property owner who personally performs
18 construction, maintenance, or repairs to a system serving his
19 or her own owner-occupied single-family residence is exempt
20 from registration requirements for performing such
21 construction, maintenance, or repairs on that residence, but
22 is subject to all permitting requirements. A municipality or
23 political subdivision of the state may not issue a building or
24 plumbing permit for any building that requires the use of an
25 onsite sewage treatment and disposal system unless the owner
26 or builder has received a construction permit for such system
27 from the department. A building or structure may not be
28 occupied and a municipality, political subdivision, or any
29 state or federal agency may not authorize occupancy until the
30 department approves the final installation of the onsite
31 sewage treatment and disposal system. A municipality or
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1 political subdivision of the state may not approve any change
2 in occupancy or tenancy of a building that uses an onsite
3 sewage treatment and disposal system until the department has
4 reviewed the use of the system with the proposed change,
5 approved the change, and amended the operating permit.
6 (a) Subdivisions and lots in which each lot has a
7 minimum area of at least one-half acre and either a minimum
8 dimension of 100 feet or a mean of at least 100 feet of the
9 side bordering the street and the distance formed by a line
10 parallel to the side bordering the street drawn between the
11 two most distant points of the remainder of the lot may be
12 developed with a water system regulated under s. 381.0062 and
13 onsite sewage treatment and disposal systems, provided the
14 projected daily sewage flow does not exceed an average of
15 1,500 gallons per acre per day, and provided satisfactory
16 drinking water can be obtained and all distance and setback,
17 soil condition, water table elevation, and other related
18 requirements of this section and rules adopted under this
19 section can be met.
20 (b) Subdivisions and lots using a public water system
21 as defined in s. 403.852 may use onsite sewage treatment and
22 disposal systems, provided there are no more than four lots
23 per acre, provided the projected daily sewage flow does not
24 exceed an average of 2,500 gallons per acre per day, and
25 provided that all distance and setback, soil condition, water
26 table elevation, and other related requirements that are
27 generally applicable to the use of onsite sewage treatment and
28 disposal systems are met.
29 (c) Notwithstanding the provisions of paragraphs (a)
30 and (b), for subdivisions platted of record on or before
31 October 1, 1991, when a developer or other appropriate entity
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1 has previously made or makes provisions, including financial
2 assurances or other commitments, acceptable to the Department
3 of Health, that a central water system will be installed by a
4 regulated public utility based on a density formula, private
5 potable wells may be used with onsite sewage treatment and
6 disposal systems until the agreed-upon densities are reached.
7 The department may consider assurances filed with the
8 Department of Business and Professional Regulation under
9 chapter 498 in determining the adequacy of the financial
10 assurance required by this paragraph. In a subdivision
11 regulated by this paragraph, the average daily sewage flow may
12 not exceed 2,500 gallons per acre per day. This section does
13 not affect the validity of existing prior agreements. After
14 October 1, 1991, the exception provided under this paragraph
15 is not available to a developer or other appropriate entity.
16 (d) Paragraphs (a) and (b) do not apply to any
17 proposed residential subdivision with more than 50 lots or to
18 any proposed commercial subdivision with more than 5 lots
19 where a publicly owned or investor-owned sewerage system is
20 available. It is the intent of this paragraph not to allow
21 development of additional proposed subdivisions in order to
22 evade the requirements of this paragraph.
23 (e) Onsite sewage treatment and disposal systems must
24 not be placed closer than:
25 1. Seventy-five feet from a private potable well.
26 2. Two hundred feet from a public potable well serving
27 a residential or nonresidential establishment having a total
28 sewage flow of greater than 2,000 gallons per day.
29 3. One hundred feet from a public potable well serving
30 a residential or nonresidential establishment having a total
31 sewage flow of less than or equal to 2,000 gallons per day.
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1 4. Fifty feet from any nonpotable well.
2 5. Ten feet from any storm sewer pipe, to the maximum
3 extent possible, but in no instance shall the setback be less
4 than 5 feet.
5 6. Seventy-five feet from the mean high-water line of
6 a tidally influenced surface water body.
7 7. Seventy-five feet from the mean annual flood line
8 of a permanent nontidal surface water body.
9 8. Fifteen feet from the design high-water line of
10 retention areas, detention areas, or swales designed to
11 contain standing or flowing water for less than 72 hours after
12 a rainfall or the design high-water level of normally dry
13 drainage ditches or normally dry individual lot stormwater
14 retention areas.
15 (f) Except as provided under paragraphs (e) and (t),
16 no limitations shall be imposed by rule, relating to the
17 distance between an onsite disposal system and any area that
18 either permanently or temporarily has visible surface water.
19 (g) All provisions of this section and rules adopted
20 under this section relating to soil condition, water table
21 elevation, distance, and other setback requirements must be
22 equally applied to all lots, with the following exceptions:
23 1. Any residential lot that was platted and recorded
24 on or after January 1, 1972, or that is part of a residential
25 subdivision that was approved by the appropriate permitting
26 agency on or after January 1, 1972, and that was eligible for
27 an onsite sewage treatment and disposal system construction
28 permit on the date of such platting and recording or approval
29 shall be eligible for an onsite sewage treatment and disposal
30 system construction permit, regardless of when the application
31 for a permit is made. If rules in effect at the time the
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1 permit application is filed cannot be met, residential lots
2 platted and recorded or approved on or after January 1, 1972,
3 shall, to the maximum extent possible, comply with the rules
4 in effect at the time the permit application is filed. At a
5 minimum, however, those residential lots platted and recorded
6 or approved on or after January 1, 1972, but before January 1,
7 1983, shall comply with those rules in effect on January 1,
8 1983, and those residential lots platted and recorded or
9 approved on or after January 1, 1983, shall comply with those
10 rules in effect at the time of such platting and recording or
11 approval. In determining the maximum extent of compliance with
12 current rules that is possible, the department shall allow
13 structures and appurtenances thereto which were authorized at
14 the time such lots were platted and recorded or approved.
15 2. Lots platted before 1972 are subject to a 50-foot
16 minimum surface water setback and are not subject to lot size
17 requirements. The projected daily flow for onsite sewage
18 treatment and disposal systems for lots platted before 1972
19 may not exceed:
20 a. Two thousand five hundred gallons per acre per day
21 for lots served by public water systems as defined in s.
22 403.852.
23 b. One thousand five hundred gallons per acre per day
24 for lots served by water systems regulated under s. 381.0062.
25 (h)1. The department may grant variances in hardship
26 cases which may be less restrictive than the provisions
27 specified in this section. If a variance is granted and the
28 onsite sewage treatment and disposal system construction
29 permit has been issued, the variance may be transferred with
30 the system construction permit, if the transferee files,
31 within 60 days after the transfer of ownership, an amended
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1 construction permit application providing all corrected
2 information and proof of ownership of the property and if the
3 same variance would have been required for the new owner of
4 the property as was originally granted to the original
5 applicant for the variance. There is no fee associated with
6 the processing of this supplemental information. A variance
7 may not be granted under this section until the department is
8 satisfied that:
9 a. The hardship was not caused intentionally by the
10 action of the applicant;
11 b. No reasonable alternative, taking into
12 consideration factors such as cost, exists for the treatment
13 of the sewage; and
14 c. The discharge from the onsite sewage treatment and
15 disposal system will not adversely affect the health of the
16 applicant or the public or significantly degrade the
17 groundwater or surface waters.
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19 Where soil conditions, water table elevation, and setback
20 provisions are determined by the department to be
21 satisfactory, special consideration must be given to those
22 lots platted before 1972.
23 2. The department shall appoint and staff a variance
24 review and advisory committee, which shall meet monthly to
25 recommend agency action on variance requests. The committee
26 shall make its recommendations on variance requests at the
27 meeting in which the application is scheduled for
28 consideration, except for an extraordinary change in
29 circumstances, the receipt of new information that raises new
30 issues, or when the applicant requests an extension. The
31 committee shall consider the criteria in subparagraph 1. in
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1 its recommended agency action on variance requests and shall
2 also strive to allow property owners the full use of their
3 land where possible. The committee consists of the following:
4 a. The Division Director for Environmental Health of
5 the department or his or her designee.
6 b. A representative from the county health
7 departments.
8 c. A representative from the home building industry
9 recommended by the Florida Home Builders Association.
10 d. A representative from the septic tank industry
11 recommended by the Florida Onsite Wastewater Association.
12 e. A representative from the Department of
13 Environmental Protection.
14 f. A representative from the real estate industry who
15 is also a developer in this state who develops lots using
16 onsite sewage treatment and disposal systems, recommended by
17 the Florida Association of Realtors.
18 g. A representative from the engineering profession
19 recommended by the Florida Engineering Society.
20
21 Members shall be appointed for a term of 3 years, with such
22 appointments being staggered so that the terms of no more than
23 two members expire in any one year. Members shall serve
24 without remuneration, but if requested, shall be reimbursed
25 for per diem and travel expenses as provided in s. 112.061.
26 (i) A construction permit may not be issued for an
27 onsite sewage treatment and disposal system in any area zoned
28 or used for industrial or manufacturing purposes, or its
29 equivalent, where a publicly owned or investor-owned sewage
30 treatment system is available, or where a likelihood exists
31 that the system will receive toxic, hazardous, or industrial
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1 waste. An existing onsite sewage treatment and disposal system
2 may be repaired if a publicly owned or investor-owned sewerage
3 system is not available within 500 feet of the building sewer
4 stub-out and if system construction and operation standards
5 can be met. This paragraph does not require publicly owned or
6 investor-owned sewerage treatment systems to accept anything
7 other than domestic wastewater.
8 1. A building located in an area zoned or used for
9 industrial or manufacturing purposes, or its equivalent, when
10 such building is served by an onsite sewage treatment and
11 disposal system, must not be occupied until the owner or
12 tenant has obtained written approval from the department. The
13 department shall not grant approval when the proposed use of
14 the system is to dispose of toxic, hazardous, or industrial
15 wastewater or toxic or hazardous chemicals.
16 2. Each person who owns or operates a business or
17 facility in an area zoned or used for industrial or
18 manufacturing purposes, or its equivalent, or who owns or
19 operates a business that has the potential to generate toxic,
20 hazardous, or industrial wastewater or toxic or hazardous
21 chemicals, and uses an onsite sewage treatment and disposal
22 system that is installed on or after July 5, 1989, must obtain
23 an annual system operating permit from the department. A
24 person who owns or operates a business that uses an onsite
25 sewage treatment and disposal system that was installed and
26 approved before July 5, 1989, need not obtain a system
27 operating permit. However, upon change of ownership or
28 tenancy, the new owner or operator must notify the department
29 of the change, and the new owner or operator must obtain an
30 annual system operating permit, regardless of the date that
31 the system was installed or approved.
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1 3. The department shall periodically review and
2 evaluate the continued use of onsite sewage treatment and
3 disposal systems in areas zoned or used for industrial or
4 manufacturing purposes, or its equivalent, and may require the
5 collection and analyses of samples from within and around such
6 systems. If the department finds that toxic or hazardous
7 chemicals or toxic, hazardous, or industrial wastewater have
8 been or are being disposed of through an onsite sewage
9 treatment and disposal system, the department shall initiate
10 enforcement actions against the owner or tenant to ensure
11 adequate cleanup, treatment, and disposal.
12 (j) An onsite sewage treatment and disposal system for
13 a single-family residence that is designed by a professional
14 engineer registered in the state and certified by such
15 engineer as complying with performance criteria adopted by the
16 department must be approved by the department subject to the
17 following:
18 1. The performance criteria applicable to
19 engineer-designed systems must be limited to those necessary
20 to ensure that such systems do not adversely affect the public
21 health or significantly degrade the groundwater or surface
22 water. Such performance criteria shall include consideration
23 of the quality of system effluent, the proposed total sewage
24 flow per acre, wastewater treatment capabilities of the
25 natural or replaced soil, water quality classification of the
26 potential surface-water-receiving body, and the structural and
27 maintenance viability of the system for the treatment of
28 domestic wastewater. However, performance criteria shall
29 address only the performance of a system and not a system's
30 design.
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CS for CS for SB 2216 First Engrossed
1 2. The technical review and advisory panel shall
2 assist the department in the development of performance
3 criteria applicable to engineer-designed systems.
4 3. A person electing to utilize an engineer-designed
5 system shall, upon completion of the system design, submit
6 such design, certified by a registered professional engineer,
7 to the county health department. The county health department
8 may utilize an outside consultant to review the
9 engineer-designed system, with the actual cost of such review
10 to be borne by the applicant. Within 5 working days after
11 receiving an engineer-designed system permit application, the
12 county health department shall request additional information
13 if the application is not complete. Within 15 working days
14 after receiving a complete application for an
15 engineer-designed system, the county health department either
16 shall issue the permit or, if it determines that the system
17 does not comply with the performance criteria, shall notify
18 the applicant of that determination and refer the application
19 to the department for a determination as to whether the system
20 should be approved, disapproved, or approved with
21 modification. The department engineer's determination shall
22 prevail over the action of the county health department. The
23 applicant shall be notified in writing of the department's
24 determination and of the applicant's rights to pursue a
25 variance or seek review under the provisions of chapter 120.
26 4. The owner of an engineer-designed performance-based
27 system must maintain a current maintenance service agreement
28 with a maintenance entity permitted by the department. The
29 maintenance entity shall obtain a biennial system operating
30 permit from the department for each system under service
31 contract. The department shall inspect the system at least
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CS for CS for SB 2216 First Engrossed
1 annually, or on such periodic basis as the fee collected
2 permits, and may collect system-effluent samples if
3 appropriate to determine compliance with the performance
4 criteria. The fee for the biennial operating permit shall be
5 collected beginning with the second year of system operation.
6 The maintenance entity shall inspect each system at least
7 twice each year and shall report quarterly to the department
8 on the number of systems inspected and serviced.
9 5. If an engineer-designed system fails to properly
10 function or fails to meet performance standards, the system
11 shall be re-engineered, if necessary, to bring the system into
12 compliance with the provisions of this section.
13 (k) An innovative system may be approved in
14 conjunction with an engineer-designed site-specific system
15 which is certified by the engineer to meet the
16 performance-based criteria adopted by the department.
17 (l) For the Florida Keys, the department shall adopt a
18 special rule for the construction, installation, modification,
19 operation, repair, maintenance, and performance of onsite
20 sewage treatment and disposal systems which considers the
21 unique soil conditions and which considers water table
22 elevations, densities, and setback requirements. On lots where
23 a setback distance of 75 feet from surface waters, saltmarsh,
24 and buttonwood association habitat areas cannot be met, an
25 injection well, approved and permitted by the department, may
26 be used for disposal of effluent from onsite sewage treatment
27 and disposal systems.
28 (m) No product sold in the state for use in onsite
29 sewage treatment and disposal systems may contain any
30 substance in concentrations or amounts that would interfere
31 with or prevent the successful operation of such system, or
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CS for CS for SB 2216 First Engrossed
1 that would cause discharges from such systems to violate
2 applicable water quality standards. The department shall
3 publish criteria for products known or expected to meet the
4 conditions of this paragraph. In the event a product does not
5 meet such criteria, such product may be sold if the
6 manufacturer satisfactorily demonstrates to the department
7 that the conditions of this paragraph are met.
8 (n) Evaluations for determining the seasonal
9 high-water table elevations or the suitability of soils for
10 the use of a new onsite sewage treatment and disposal system
11 shall be performed by department personnel, professional
12 engineers registered in the state, or such other persons with
13 expertise, as defined by rule, in making such evaluations.
14 Evaluations for determining mean annual flood lines shall be
15 performed by those persons identified in paragraph (2)(i). The
16 department shall accept evaluations submitted by professional
17 engineers and such other persons as meet the expertise
18 established by this section or by rule unless the department
19 has a reasonable scientific basis for questioning the accuracy
20 or completeness of the evaluation.
21 (o) The department shall appoint a research review and
22 advisory committee, which shall meet at least semiannually.
23 The committee shall advise the department on directions for
24 new research, review and rank proposals for research
25 contracts, and review draft research reports and make
26 comments. The committee is comprised of:
27 1. A representative of the Division of Environmental
28 Health of the Department of Health.
29 2. A representative from the septic tank industry.
30 3. A representative from the home building industry.
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CS for CS for SB 2216 First Engrossed
1 4. A representative from an environmental interest
2 group.
3 5. A representative from the State University System,
4 from a department knowledgeable about onsite sewage treatment
5 and disposal systems.
6 6. A professional engineer registered in this state
7 who has work experience in onsite sewage treatment and
8 disposal systems.
9 7. A representative from the real estate profession.
10 8. A representative from the restaurant industry.
11 9. A consumer.
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13 Members shall be appointed for a term of 3 years, with the
14 appointments being staggered so that the terms of no more than
15 four members expire in any one year. Members shall serve
16 without remuneration, but are entitled to reimbursement for
17 per diem and travel expenses as provided in s. 112.061.
18 (p) An application for an onsite sewage treatment and
19 disposal system permit shall be completed in full, signed by
20 the owner or the owner's authorized representative, or by a
21 contractor licensed under chapter 489, and shall be
22 accompanied by all required exhibits and fees. No specific
23 documentation of property ownership shall be required as a
24 prerequisite to the review of an application or the issuance
25 of a permit. The issuance of a permit does not constitute
26 determination by the department of property ownership.
27 (q) The department may not require any form of
28 subdivision analysis of property by an owner, developer, or
29 subdivider prior to submission of an application for an onsite
30 sewage treatment and disposal system.
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1 (r) Nothing in this section limits the power of a
2 municipality or county to enforce other laws for the
3 protection of the public health and safety.
4 (s) In the siting of onsite sewage treatment and
5 disposal systems, including drainfields, shoulders, and
6 slopes, guttering shall not be required on single-family
7 residential dwelling units for systems located greater than 5
8 feet from the roof drip line of the house. If guttering is
9 used on residential dwelling units, the downspouts shall be
10 directed away from the drainfield.
11 (t) Notwithstanding the provisions of subparagraph
12 (g)1., onsite sewage treatment and disposal systems located in
13 floodways of the Suwannee and Aucilla Rivers must adhere to
14 the following requirements:
15 1. The absorption surface of the drainfield shall not
16 be subject to flooding based on 10-year flood elevations.
17 Provided, however, for lots or parcels created by the
18 subdivision of land in accordance with applicable local
19 government regulations prior to January 17, 1990, if an
20 applicant cannot construct a drainfield system with the
21 absorption surface of the drainfield at an elevation equal to
22 or above 10-year flood elevation, the department shall issue a
23 permit for an onsite sewage treatment and disposal system
24 within the 10-year floodplain of rivers, streams, and other
25 bodies of flowing water if all of the following criteria are
26 met:
27 a. The lot is at least one-half acre in size;
28 b. The bottom of the drainfield is at least 36 inches
29 above the 2-year flood elevation; and
30 c. The applicant installs either: a waterless,
31 incinerating, or organic waste composting toilet and a
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CS for CS for SB 2216 First Engrossed
1 graywater system and drainfield in accordance with department
2 rules; an aerobic treatment unit and drainfield in accordance
3 with department rules; a system approved by the State Health
4 Office that is capable of reducing effluent nitrate by at
5 least 50 percent; or a system approved by the county health
6 department pursuant to department rule other than a system
7 using alternative drainfield materials. The United States
8 Department of Agriculture Soil Conservation Service soil maps,
9 State of Florida Water Management District data, and Federal
10 Emergency Management Agency Flood Insurance maps are resources
11 that shall be used to identify flood-prone areas.
12 2. The use of fill or mounding to elevate a drainfield
13 system out of the 10-year floodplain of rivers, streams, or
14 other bodies of flowing water shall not be permitted if such a
15 system lies within a regulatory floodway of the Suwannee and
16 Aucilla Rivers. In cases where the 10-year flood elevation
17 does not coincide with the boundaries of the regulatory
18 floodway, the regulatory floodway will be considered for the
19 purposes of this subsection to extend at a minimum to the
20 10-year flood elevation.
21 (u) The owner of an aerobic treatment unit system
22 shall maintain a current maintenance service agreement with an
23 aerobic treatment unit maintenance entity permitted by the
24 department. The maintenance entity shall obtain a system
25 operating permit from the department for each aerobic
26 treatment unit under service contract. The maintenance entity
27 shall inspect each aerobic treatment unit system at least
28 twice each year and shall report quarterly to the department
29 on the number of aerobic treatment unit systems inspected and
30 serviced. The owner shall allow the department to inspect
31 during reasonable hours each aerobic treatment unit system at
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CS for CS for SB 2216 First Engrossed
1 least annually, and such inspection may include collection and
2 analysis of system-effluent samples for performance criteria
3 established by rule of the department.
4 (v) The department may require the submission of
5 detailed system construction plans that are prepared by a
6 professional engineer registered in this state. The department
7 shall establish by rule criteria for determining when such a
8 submission is required.
9 Section 5. This act shall take effect upon becoming a
10 law.
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