Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1136
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/31/2024           .                                

       The Committee on Community Affairs (Trumbull) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 141 - 197
    4  and insert:
    5         Section 4. Paragraphs (e), (h), and (w) of subsection (4)
    6  of section 381.0065, Florida Statutes, are amended to read:
    7         381.0065 Onsite sewage treatment and disposal systems;
    8  regulation.—
    9         (4) PERMITS; INSTALLATION; 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, except that the issuance of a permit for
   14  work seaward of the coastal construction control line
   15  established under s. 161.053 shall be contingent upon receipt of
   16  any required coastal construction control line permit from the
   17  department. A construction permit is valid for 18 months after
   18  the date of issuance and may be extended by the department for
   19  one 90-day period under rules adopted by the department. A
   20  repair permit is valid for 90 days after the date of issuance.
   21  An operating permit must be obtained before the use of any
   22  aerobic treatment unit or if the establishment generates
   23  commercial waste. Buildings or establishments that use an
   24  aerobic treatment unit or generate commercial waste shall be
   25  inspected by the department at least annually to assure
   26  compliance with the terms of the operating permit. The operating
   27  permit for a commercial wastewater system is valid for 1 year
   28  after the date of issuance and must be renewed annually. The
   29  operating permit for an aerobic treatment unit is valid for 2
   30  years after the date of issuance and must be renewed every 2
   31  years. If all information pertaining to the siting, location,
   32  and installation conditions or repair of an onsite sewage
   33  treatment and disposal system remains the same, a construction
   34  or repair permit for the onsite sewage treatment and disposal
   35  system may be transferred to another person, if the transferee
   36  files, within 60 days after the transfer of ownership, an
   37  amended application providing all corrected information and
   38  proof of ownership of the property. A fee is not associated with
   39  the processing of this supplemental information. A person may
   40  not contract to construct, modify, alter, repair, service,
   41  abandon, or maintain any portion of an onsite sewage treatment
   42  and disposal system without being registered under part III of
   43  chapter 489. A property owner who personally performs
   44  construction, maintenance, or repairs to a system serving his or
   45  her own owner-occupied single-family residence is exempt from
   46  registration requirements for performing such construction,
   47  maintenance, or repairs on that residence, but is subject to all
   48  permitting requirements. A municipality or political subdivision
   49  of the state may not issue a building or plumbing permit for any
   50  building that requires the use of an onsite sewage treatment and
   51  disposal system unless the owner or builder has received a
   52  construction permit for such system from the department. A
   53  building or structure may not be occupied and a municipality,
   54  political subdivision, or any state or federal agency may not
   55  authorize occupancy until the department approves the final
   56  installation of the onsite sewage treatment and disposal system.
   57  A municipality or political subdivision of the state may not
   58  approve any change in occupancy or tenancy of a building that
   59  uses an onsite sewage treatment and disposal system until the
   60  department has reviewed the use of the system with the proposed
   61  change, approved the change, and amended the operating permit.
   62         (e) The department shall adopt rules relating to the
   63  location of onsite sewage treatment and disposal systems,
   64  including establishing setback distances, to prevent groundwater
   65  contamination and surface water contamination and to preserve
   66  the public health. In adopting such rules, the department rules
   67  must:
   68         1. Consider conventional and enhanced nutrient-reducing
   69  onsite sewage treatment and disposal system designs, impaired or
   70  degraded water bodies, domestic wastewater and drinking water
   71  infrastructure, potable water sources, nonpotable wells,
   72  stormwater infrastructure, the onsite sewage treatment and
   73  disposal system remediation plans developed pursuant to s.
   74  403.067(7)(a)9.b., nutrient pollution, and the recommendations
   75  of the onsite sewage treatment and disposal systems technical
   76  advisory committee established pursuant to former s. 381.00652.
   77         2.The rules must also Allow a person to apply for and
   78  receive a variance from a rule requirement upon demonstration
   79  that the requirement would cause an undue hardship and that
   80  granting the variance would not cause or contribute to the
   81  exceedance of a total maximum daily load.
   82         3. In consultation with the water management districts,
   83  allow a licensed water well contractor to apply for and receive
   84  a variance for the installation of a private or public potable
   85  water well from the applicable water management district within
   86  the region of installation.
   88  ================= T I T L E  A M E N D M E N T ================
   89  And the title is amended as follows:
   90         Delete line 17
   91  and insert:
   92         amending s. 381.0065, F.S.; requiring that certain
   93         rules adopted by Department of Environmental
   94         Protection relating to the location of onsite sewage
   95         treatment and disposal systems allow licensed water
   96         well contractors to apply for and receive from the
   97         water management district within the region of
   98         installation a variance for private or public potable
   99         well installations; deleting provisions