December 12, 2019
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Amendment CaShTmL-625112.HTM
                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 2216
    Amendment No. ___   Barcode 625112
                            CHAMBER ACTION
              Senate                               House
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 1                  WD/2R          .                    
       04/23/2004 10:24 AM         .                    
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11  Senator Saunders moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 5, lines 29, through
15            page 7, line 29, delete those lines
16  
17  and insert:  
18         Section 3.  Paragraph (k) of subsection (2), paragraphs
19  (a) and (j) of subsection (3), and paragraphs (d) and (e) of
20  subsection (4) of section 381.0065, Florida Statutes, are
21  amended, and paragraph (v) is added to subsection (4) of that
22  section and paragraph (c) is added to subsection (5) of that
23  section, to read:
24         381.0065  Onsite sewage treatment and disposal systems;
25  regulation.--
26         (2)  DEFINITIONS.--As used in ss. 381.0065-381.0067,
27  the term:
28         (k)  "Permanent nontidal surface water body" means a
29  perennial stream, a perennial river, an intermittent stream, a
30  perennial lake, a submerged marsh or swamp, a submerged wooded
31  marsh or swamp, a spring, or a seep, as identified on the most
                                  1
    3:42 PM   04/22/04                              s2216c2c-37j8i

SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 625112 1 recent quadrangle map, 7.5 minute series (topographic), 2 produced by the United States Geological Survey, or products 3 derived from that series. "Permanent nontidal surface water 4 body" shall also mean an artificial surface water body that 5 does not have an impermeable bottom and side and that is 6 designed to hold, or does hold, visible standing water for at 7 least 180 days of the year. However, a nontidal surface water 8 body that is drained, either naturally or artificially, where 9 the intent or the result is that such drainage be temporary, 10 shall be considered a permanent nontidal surface water body. A 11 nontidal surface water body that is drained of all visible 12 surface water, where the lawful intent or the result of such 13 drainage is that such drainage will be permanent, shall not be 14 considered a permanent nontidal surface water body. The 15 boundary of a permanent nontidal surface water body shall be 16 the mean annual flood line. 17 (3) DUTIES AND POWERS OF THE DEPARTMENT OF 18 HEALTH.--The department shall: 19 (a) Adopt rules to administer ss. 381.0065-381.0067, 20 including definitions that are consistent with the definitions 21 in this section, decreases to setback requirements where no 22 health hazard exists, increases for the lot-flow allowance for 23 performance-based systems, requirements for separation from 24 water table elevation during the wettest season, requirements 25 for the design and construction of any component part of an 26 onsite sewage treatment and disposal system, application and 27 permit requirements for persons who maintain an onsite sewage 28 treatment and disposal system, requirements for maintenance 29 and service agreements for aerobic treatment units and 30 performance-based treatment systems, and recommended 31 standards, including disclosure requirements, for voluntary 2 3:42 PM 04/22/04 s2216c2c-37j8i
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 625112 1 system inspections to be performed by individuals who are 2 authorized by law to perform such inspections and who shall 3 inform a person having ownership, control, or use of an onsite 4 sewage treatment and disposal system of the inspection 5 standards and of that person's authority to request an 6 inspection based on all or part of the standards, and 7 requirements for implementation of the United States 8 Environmental Protection Agency's voluntary national 9 guidelines for management of onsite and clustered or 10 decentralized wastewater treatment systems. 11 (j) Supervise research on, demonstration of, and 12 training on the performance, environmental impact, and public 13 health impact of onsite sewage treatment and disposal systems 14 within this state. Research fees collected under s. 15 381.0066(2)(k) must be used to develop and fund hands-on 16 training centers designed to provide practical information 17 about onsite sewage treatment and disposal systems to septic 18 tank contractors, master septic tank contractors, contractors, 19 inspectors, engineers, and the public and must also be used to 20 fund research projects which focus on improvements of onsite 21 sewage treatment and disposal systems, including use of 22 performance-based standards and reduction of environmental 23 impact. Research projects shall be initially approved by the 24 technical advisory panel and shall be applicable to and 25 reflect the soil conditions specific to Florida. Such projects 26 shall be awarded through competitive negotiation, using the 27 procedures provided in s. 287.055, to public or private 28 entities that have experience in onsite sewage treatment and 29 disposal systems in Florida and that are principally located 30 in Florida. Research projects shall not be awarded to firms or 31 entities that employ or are associated with persons who serve 3 3:42 PM 04/22/04 s2216c2c-37j8i
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 625112 1 on either the technical advisory panel or the research review 2 and advisory committee. 3 (4) PERMITS; INSTALLATION; AND CONDITIONS.--A person 4 may not construct, repair, modify, abandon, or operate an 5 onsite sewage treatment and disposal system without first 6 obtaining a permit approved by the department. The department 7 may issue permits to carry out this section, but shall not 8 make the issuance of such permits contingent upon prior 9 approval by the Department of Environmental Protection. A 10 construction permit is valid for 18 months from the issuance 11 date and may be extended by the department for one 90-day 12 period under rules adopted by the department. A repair permit 13 is valid for 90 days from the date of issuance. An operating 14 permit must be obtained prior to the use of any aerobic 15 treatment unit or if the establishment generates commercial 16 waste. Buildings or establishments that use an aerobic 17 treatment unit or generate commercial waste shall be inspected 18 by the department at least annually to assure compliance with 19 the terms of the operating permit. The operating permit for a 20 commercial wastewater system is valid for 1 year from the date 21 of issuance and must be renewed annually. The operating permit 22 for an aerobic treatment unit is valid for 2 years from the 23 date of issuance and must be renewed every 2 years. If all 24 information pertaining to the siting, location, and 25 installation conditions or repair of an onsite sewage 26 treatment and disposal system remains the same, a construction 27 or repair permit for the onsite sewage treatment and disposal 28 system may be transferred to another person, if the transferee 29 files, within 60 days after the transfer of ownership, an 30 amended application providing all corrected information and 31 proof of ownership of the property. There is no fee 4 3:42 PM 04/22/04 s2216c2c-37j8i
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 625112 1 associated with the processing of this supplemental 2 information. A person may not contract to construct, modify, 3 alter, repair, service, abandon, or maintain any portion of an 4 onsite sewage treatment and disposal system without being 5 registered under part III of chapter 489. A property owner 6 who personally performs construction, maintenance, or repairs 7 to a system serving his or her own owner-occupied 8 single-family residence is exempt from registration 9 requirements for performing such construction, maintenance, or 10 repairs on that residence, but is subject to all permitting 11 requirements. A municipality or political subdivision of the 12 state may not issue a building or plumbing permit for any 13 building that requires the use of an onsite sewage treatment 14 and disposal system unless the owner or builder has received a 15 construction permit for such system from the department. A 16 building or structure may not be occupied and a municipality, 17 political subdivision, or any state or federal agency may not 18 authorize occupancy until the department approves the final 19 installation of the onsite sewage treatment and disposal 20 system. A municipality or political subdivision of the state 21 may not approve any change in occupancy or tenancy of a 22 building that uses an onsite sewage treatment and disposal 23 system until the department has reviewed the use of the system 24 with the proposed change, approved the change, and amended the 25 operating permit. 26 (d) Paragraphs (a) and (b) do not apply to any 27 proposed residential subdivision with more than 50 lots or to 28 any proposed commercial subdivision with more than 5 lots 29 where a publicly owned or investor-owned sewerage system is 30 available. It is the intent of this paragraph not to allow 31 development of additional proposed subdivisions in order to 5 3:42 PM 04/22/04 s2216c2c-37j8i
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 625112 1 evade the requirements of this paragraph. The department 2 shall report to the Legislature by February 1 of each 3 odd-numbered year concerning the success in meeting this 4 intent. 5 (e) Onsite sewage treatment and disposal systems must 6 not be placed closer than: 7 1. Seventy-five feet from a private potable well. 8 2. Two hundred feet from a public potable well serving 9 a residential or nonresidential establishment having a total 10 sewage flow of greater than 2,000 gallons per day. 11 3. One hundred feet from a public potable well serving 12 a residential or nonresidential establishment having a total 13 sewage flow of less than or equal to 2,000 gallons per day. 14 4. Fifty feet from any nonpotable well. 15 5. Ten feet from any storm sewer pipe, to the maximum 16 extent possible, but in no instance shall the setback be less 17 than 5 feet. 18 6. Seventy-five feet from the mean high-water line of 19 a tidally influenced surface water body. 20 7. Seventy-five feet from the mean normal annual flood 21 line of a permanent nontidal surface water body. 22 8. Fifteen feet from the design high-water line of 23 retention areas, detention areas, or swales designed to 24 contain standing or flowing water for less than 72 hours after 25 a rainfall or the design high-water level of normally dry 26 drainage ditches or normally dry individual lot stormwater 27 retention areas. 28 (v) The department may require the submission of 29 detailed system construction plans that are prepared by a 30 professional engineer registered in this state. The department 31 shall establish by rule criteria for determining when such a 6 3:42 PM 04/22/04 s2216c2c-37j8i
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 625112 1 submission is required. 2 (5) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.-- 3 (c) Department personnel may enter the premises of 4 others when necessary to conduct site evaluations and 5 inspections relating to the permitting of onsite sewage 6 treatment and disposal systems. Such entry does not constitute 7 trespass, and department personnel making such entry are not 8 subject to arrest or to a civil action by reason of such 9 entry. This paragraph does not authorize a department employee 10 to destroy, injure, damage, or move anything on the premises 11 of another without the written permission of the landowner. 12 13 14 ================ T I T L E A M E N D M E N T =============== 15 And the title is amended as follows: 16 On page 1, lines 11-16, delete those lines 17 18 and insert: 19 preliminary test results; amending s. 381.0065, 20 F.S., relating to onsite sewage treatment and 21 disposal systems; revising a definition; 22 modifying standards for rulemaking applicable 23 to regulation of onsite sewage treatment and 24 disposal systems; revising research award 25 qualifications; deleting a requirement that the 26 department make certain biennial reports to the 27 Legislature; authorizing the department to 28 require the submission of certain construction 29 plans pursuant to adopted rule; providing for 30 an extended right of entry; amending s. 31 381.0101, 7 3:42 PM 04/22/04 s2216c2c-37j8i
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