Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. CS for SB 1840
Barcode 709122
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/17/2013 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Rules (Latvala) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 71 and 72
4 insert:
5 Section 3. Paragraph (l) of subsection (4) of section
6 381.0065, Florida Statutes, is amended to read:
7 381.0065 Onsite sewage treatment and disposal systems;
8 regulation.—
9 (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
10 construct, repair, modify, abandon, or operate an onsite sewage
11 treatment and disposal system without first obtaining a permit
12 approved by the department. The department may issue permits to
13 carry out this section, but shall not make the issuance of such
14 permits contingent upon prior approval by the Department of
15 Environmental Protection, except that the issuance of a permit
16 for work seaward of the coastal construction control line
17 established under s. 161.053 shall be contingent upon receipt of
18 any required coastal construction control line permit from the
19 Department of Environmental Protection. A construction permit is
20 valid for 18 months from the issuance date and may be extended
21 by the department for one 90-day period under rules adopted by
22 the department. A repair permit is valid for 90 days from the
23 date of issuance. An operating permit must be obtained prior to
24 the use of any aerobic treatment unit or if the establishment
25 generates commercial waste. Buildings or establishments that use
26 an aerobic treatment unit or generate commercial waste shall be
27 inspected by the department at least annually to assure
28 compliance with the terms of the operating permit. The operating
29 permit for a commercial wastewater system is valid for 1 year
30 from the date of issuance and must be renewed annually. The
31 operating permit for an aerobic treatment unit is valid for 2
32 years from the date of issuance and must be renewed every 2
33 years. If all information pertaining to the siting, location,
34 and installation conditions or repair of an onsite sewage
35 treatment and disposal system remains the same, a construction
36 or repair permit for the onsite sewage treatment and disposal
37 system may be transferred to another person, if the transferee
38 files, within 60 days after the transfer of ownership, an
39 amended application providing all corrected information and
40 proof of ownership of the property. There is no fee associated
41 with the processing of this supplemental information. A person
42 may not contract to construct, modify, alter, repair, service,
43 abandon, or maintain any portion of an onsite sewage treatment
44 and disposal system without being registered under part III of
45 chapter 489. A property owner who personally performs
46 construction, maintenance, or repairs to a system serving his or
47 her own owner-occupied single-family residence is exempt from
48 registration requirements for performing such construction,
49 maintenance, or repairs on that residence, but is subject to all
50 permitting requirements. A municipality or political subdivision
51 of the state may not issue a building or plumbing permit for any
52 building that requires the use of an onsite sewage treatment and
53 disposal system unless the owner or builder has received a
54 construction permit for such system from the department. A
55 building or structure may not be occupied and a municipality,
56 political subdivision, or any state or federal agency may not
57 authorize occupancy until the department approves the final
58 installation of the onsite sewage treatment and disposal system.
59 A municipality or political subdivision of the state may not
60 approve any change in occupancy or tenancy of a building that
61 uses an onsite sewage treatment and disposal system until the
62 department has reviewed the use of the system with the proposed
63 change, approved the change, and amended the operating permit.
64 (l) For the Florida Keys, the department shall adopt a
65 special rule for the construction, installation, modification,
66 operation, repair, maintenance, and performance of onsite sewage
67 treatment and disposal systems which considers the unique soil
68 conditions and water table elevations, densities, and setback
69 requirements. On lots where a setback distance of 75 feet from
70 surface waters, saltmarsh, and buttonwood association habitat
71 areas cannot be met, an injection well, approved and permitted
72 by the department, may be used for disposal of effluent from
73 onsite sewage treatment and disposal systems. The following
74 additional requirements apply to onsite sewage treatment and
75 disposal systems in Monroe County:
76 1. The county, each municipality, and those special
77 districts established for the purpose of the collection,
78 transmission, treatment, or disposal of sewage shall ensure, in
79 accordance with the specific schedules adopted by the
80 Administration Commission under s. 380.0552, the completion of
81 onsite sewage treatment and disposal system upgrades to meet the
82 requirements of this paragraph.
83 2. Onsite sewage treatment and disposal systems must cease
84 discharge by December 31, 2015, or must comply with department
85 rules and provide the level of treatment which, on a permitted
86 annual average basis, produces an effluent that contains no more
87 than the following concentrations:
88 a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
89 b. Suspended Solids of 10 mg/l.
90 c. Total Nitrogen, expressed as N, of 10 mg/l or a
91 reduction in nitrogen of at least 70 percent. A system that has
92 been tested and certified to reduce nitrogen concentration by at
93 least 70 percent is in compliance with this standard.
94 d. Total Phosphorus, expressed as P, of 1 mg/l.
95
96 In addition, onsite sewage treatment and disposal systems
97 discharging to an injection well must provide basic disinfection
98 as defined by department rule.
99 3. An area that is not scheduled to be served by a central
100 sewer, onsite sewage treatment, and disposal systems must, by
101 December 31, 2015, comply with department rules and provide the
102 level of treatment described in subparagraph 2.
103 4.3. On or after July 1, 2010, all new, modified, and
104 repaired onsite sewage treatment and disposal systems must
105 provide the level of treatment described in subparagraph 2.
106 However, In areas scheduled to be served by central sewer by
107 December 31, 2015, if the property owner has paid a connection
108 fee or assessment for connection to the central sewer system,
109 the property owner may install a holding tank with a high-water
110 alarm or an onsite sewage treatment and disposal system that
111 meets may be repaired to the following minimum standards:
112 a. The existing tanks must be pumped and inspected and
113 certified as being watertight and free of defects in accordance
114 with department rule; and
115 b. A sand-lined drainfield or injection well in accordance
116 with department rule must be installed.
117 5.4. Onsite sewage treatment and disposal systems must be
118 monitored for total nitrogen and total phosphorus concentrations
119 as required by department rule.
120 6.5. The department shall enforce proper installation,
121 operation, and maintenance of onsite sewage treatment and
122 disposal systems pursuant to this chapter, including ensuring
123 that the appropriate level of treatment described in
124 subparagraph 2. is met.
125 7.6. The authority of a local government, including a
126 special district, to mandate connection of an onsite sewage
127 treatment and disposal system is governed by s. 4, chapter 99
128 395, Laws of Florida.
129 8. Notwithstanding any other provision of law, an onsite
130 sewage treatment and disposal system installed after July 1,
131 2010, in unincorporated Monroe County, excluding special
132 wastewater districts, which complies with the standards in
133 subparagraph 2., is not required to connect to a central sewer
134 system until December 31, 2020.
135 Section 4. For areas to be served by central sewer systems
136 by December 2015 within the Florida Keys Area of Critical State
137 Concern, any building permit and any permit issued by the
138 Department of Environmental Protection or by a water management
139 district pursuant to part IV of chapter 373, Florida Statutes,
140 which expires January 1, 2012, through January 1, 2016, is
141 extended and renewed for 3 years. This extension includes any
142 local government-issued development order or local government
143 issued building permit, including certificates of levels of
144 service. This section does not prohibit conversion from the
145 construction phase to the operation phase upon completion of
146 construction and is in addition to any permit extension.
147 Extensions granted under this section; s. 14, chapter 2009-96,
148 Laws of Florida, as amended by s. 47, ch. 2010-147, Laws of
149 Florida; s. 46, chapter 2010-147, Laws of Florida; s. 74,
150 chapter 2011-139, Laws of Florida; s. 79, chapter 2011-139, Laws
151 of Florida, may not exceed 7 years. Specific development order
152 extensions granted pursuant to s. 380.06(19)(c)2., Florida
153 Statutes, may not be further extended by this section. This
154 section applies only in unincorporated Monroe County, excluding
155 special wastewater districts.
156
157 ================= T I T L E A M E N D M E N T ================
158 And the title is amended as follows:
159 Delete line 6
160 and insert:
161 development permits; amending s. 381.0065, F.S.;
162 revising treatment standards for onsite sewage and
163 disposal systems in Monroe County; requiring areas in
164 Monroe County not served by certain sewage and
165 disposal systems to comply with specified rules and
166 standards; deleting a requirement for new, modified,
167 and repaired systems in Monroe County to meet
168 specified standards; authorizing certain property
169 owners in Monroe County to install certain tanks and
170 systems; providing that certain systems in Monroe
171 County are not required to connect to the central
172 sewer system until a specified date; providing an
173 extension and renewal of certain permits issued by the
174 Department of Environmental Protection or by a water
175 management district for areas to be served by central
176 sewer systems within the Florida Keys Area of Critical
177 State Concern; providing that certain extensions may
178 not exceed a specified number of years; prohibiting
179 certain extensions; providing for applicability;
180 amending chapter 2012-205, Laws