Bill Amendment: FL S1840 | 2013 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Development Permits

Status: 2013-05-01 - Laid on Table, companion bill(s) passed, see CS/CS/HB 269 (Ch. 2013-193), CS/CS/CS/HB 375 (Ch. 2013-79), CS/HB 7019 (Ch. 2013-213) [S1840 Detail]

Download: Florida-2013-S1840-Rules_Committee_Amendment_709122.html

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       Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1840
       
       
       
       
       
       
                                Barcode 709122                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/17/2013           .                                
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       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