Bill Text: FL S1306 | 2014 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Onsite Sewage Treatment and Disposal Systems
Spectrum: Bipartisan Bill
Status: (Failed) 2014-05-02 - Died in Agriculture [S1306 Detail]
Download: Florida-2014-S1306-Introduced.html
Bill Title: Onsite Sewage Treatment and Disposal Systems
Spectrum: Bipartisan Bill
Status: (Failed) 2014-05-02 - Died in Agriculture [S1306 Detail]
Download: Florida-2014-S1306-Introduced.html
Florida Senate - 2014 SB 1306 By Senator Altman 16-01222-14 20141306__ 1 A bill to be entitled 2 An act relating to onsite sewage treatment and 3 disposal systems; amending s. 381.0065, F.S.; 4 providing legislative intent; defining the term 5 “combined system”; requiring the Department of Health 6 to establish and collect fees for combined systems; 7 requiring the department to approve the installation 8 of a combined system under certain circumstances; 9 requiring a person to obtain a permit approved by the 10 department before constructing, repairing, modifying, 11 abandoning, or operating a combined system; providing 12 conditions for issuance of permits relating to such 13 systems; providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Section 381.0065, Florida Statutes, is amended 18 to read: 19 381.0065 Onsite sewage treatment and disposal systems; 20 regulation.— 21 (1) LEGISLATIVE INTENT.— 22 (a) It is the intent of the Legislature that proper 23 management of onsite sewage treatment and disposal systems is 24 paramount to the health, safety, and welfare of the public. 25 (b) It is the intent of the Legislature that where a 26 publicly owned or investor-owned sewerage system is not 27 available, the department shall issue permits for the 28 construction, installation, modification, abandonment, or repair 29 of onsite sewage treatment and disposal systems under conditions 30 as described in this section and rules adopted under this 31 section. It is further the intent of the Legislature that the 32 installation and use of onsite sewage treatment and disposal 33 systems not adversely affect the public health or significantly 34 degrade the groundwater or surface water. 35 (c) It is the intent of the Legislature that where a 36 publicly owned or investor-owned sewerage system is available, 37 the department shall issue permits for the construction of a 38 combined system when connection to the publicly owned or 39 investor-owned sewerage system results in the use of any part of 40 an onsite sewage treatment and disposal system. 41 (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the 42 term: 43 (a) “Available,” as applied to a publicly owned or 44 investor-owned sewerage system, means that the publicly owned or 45 investor-owned sewerage system is capable of being connected to 46 the plumbing of an establishment or residence, is not under a 47 Department of Environmental Protection moratorium, and has 48 adequate permitted capacity to accept the sewage to be generated 49 by the establishment or residence; and: 50 1. For a residential subdivision lot, a single-family 51 residence, or an establishment, any of which has an estimated 52 sewage flow of 1,000 gallons per day or less, a gravity sewer 53 line to maintain gravity flow from the property’s drain to the 54 sewer line, or a low pressure or vacuum sewage collection line 55 in those areas approved for low pressure or vacuum sewage 56 collection, exists in a public easement or right-of-way that 57 abuts the property line of the lot, residence, or establishment. 58 2. For an establishment with an estimated sewage flow 59 exceeding 1,000 gallons per day, a sewer line, force main, or 60 lift station exists in a public easement or right-of-way that 61 abuts the property of the establishment or is within 50 feet of 62 the property line of the establishment as accessed via existing 63 rights-of-way or easements. 64 3. For proposed residential subdivisions with more than 50 65 lots, for proposed commercial subdivisions with more than 5 66 lots, and for areas zoned or used for an industrial or 67 manufacturing purpose or its equivalent, a sewerage system 68 exists within one-fourth mile of the development as measured and 69 accessed via existing easements or rights-of-way. 70 4. For repairs or modifications within areas zoned or used 71 for an industrial or manufacturing purpose or its equivalent, a 72 sewerage system exists within 500 feet of an establishment’s or 73 residence’s sewer stub-out as measured and accessed via existing 74 rights-of-way or easements. 75 (b)1. “Bedroom” means a room that can be used for sleeping 76 and that: 77 a. For site-built dwellings, has a minimum of 70 square 78 feet of conditioned space; 79 b. For manufactured homes, is constructed according to the 80 standards of the United States Department of Housing and Urban 81 Development and has a minimum of 50 square feet of floor area; 82 c. Is located along an exterior wall; 83 d. Has a closet and a door or an entrance where a door 84 could be reasonably installed; and 85 e. Has an emergency means of escape and rescue opening to 86 the outside in accordance with the Florida Building Code. 87 2. A room may not be considered a bedroom if it is used to 88 access another room except a bathroom or closet. 89 3. “Bedroom” does not include a hallway, bathroom, kitchen, 90 living room, family room, dining room, den, breakfast nook, 91 pantry, laundry room, sunroom, recreation room, media/video 92 room, or exercise room. 93 (c) “Blackwater” means that part of domestic sewage carried 94 off by toilets, urinals, and kitchen drains. 95 (d) “Combined system” means a system that includes any part 96 of an onsite sewage and disposal system that is also connected 97 to a publicly owned or investor-owned sewerage system regulated 98 under chapter 403. 99 (e)(d)“Domestic sewage” means human body waste and 100 wastewater, including bath and toilet waste, residential laundry 101 waste, residential kitchen waste, and other similar waste from 102 appurtenances at a residence or establishment. 103 (f)(e)“Graywater” means that part of domestic sewage that 104 is not blackwater, including waste from the bath, lavatory, 105 laundry, and sink, except kitchen sink waste. 106 (g)(f)“Florida Keys” means those islands of the state 107 located within the boundaries of Monroe County. 108 (h)(g)“Injection well” means an open vertical hole at 109 least 90 feet in depth, cased and grouted to at least 60 feet in 110 depth which is used to dispose of effluent from an onsite sewage 111 treatment and disposal system. 112 (i)(h)“Innovative system” means an onsite sewage treatment 113 and disposal system that, in whole or in part, employs 114 materials, devices, or techniques that are novel or unique and 115 that have not been successfully field-tested under sound 116 scientific and engineering principles under climatic and soil 117 conditions found in this state. 118 (j)(i)“Lot” means a parcel or tract of land described by 119 reference to recorded plats or by metes and bounds, or the least 120 fractional part of subdivided lands having limited fixed 121 boundaries or an assigned number, letter, or any other legal 122 description by which it can be identified. 123 (k)(j)“Mean annual flood line” means the elevation 124 determined by calculating the arithmetic mean of the elevations 125 of the highest yearly flood stage or discharge for the period of 126 record, to include at least the most recent 10-year period. If 127 at least 10 years of data is not available, the mean annual 128 flood line shall be as determined based upon the data available 129 and field verification conducted by a certified professional 130 surveyor and mapper with experience in the determination of 131 flood water elevation lines or, at the option of the applicant, 132 by department personnel. Field verification of the mean annual 133 flood line shall be performed using a combination of those 134 indicators listed in subparagraphs 1.-7. that are present on the 135 site, and that reflect flooding that recurs on an annual basis. 136 In those situations where any one or more of these indicators 137 reflect a rare or aberrant event, such indicator or indicators 138 mayshallnot be usedutilizedin determining the mean annual 139 flood line. The indicators that may be considered are: 140 1. Water stains on the ground surface, trees, and other 141 fixed objects; 142 2. Hydric adventitious roots; 143 3. Drift lines; 144 4. Rafted debris; 145 5. Aquatic mosses and liverworts; 146 6. Moss collars; and 147 7. Lichen lines. 148 (l)(k)“Onsite sewage treatment and disposal system” means 149 a system that contains a standard subsurface, filled, or mound 150 drainfield system; an aerobic treatment unit; a graywater system 151 tank; a laundry wastewater system tank; a septic tank; a grease 152 interceptor; a pump tank; a solids or effluent pump; a 153 waterless, incinerating, or organic waste-composting toilet; or 154 a sanitary pit privy that is installed or proposed to be 155 installed beyond the building sewer on land of the owner or on 156 other land to which the owner has the legal right to install a 157 system. The term includes any item placed within, or intended to 158 be used as a part of or in conjunction with, the system. This 159 term does not include package sewage treatment facilities and 160 other treatment works regulated under chapter 403. 161 (m)(l)“Permanent nontidal surface water body” means a 162 perennial stream, a perennial river, an intermittent stream, a 163 perennial lake, a submerged marsh or swamp, a submerged wooded 164 marsh or swamp, a spring, or a seep, as identified on the most 165 recent quadrangle map, 7.5 minute series (topographic), produced 166 by the United States Geological Survey, or products derived from 167 that series. “Permanent nontidal surface water body” shall also 168 mean an artificial surface water body that does not have an 169 impermeable bottom and side and that is designed to hold, or 170 does hold, visible standing water for at least 180 days of the 171 year. However, a nontidal surface water body that is drained, 172 either naturally or artificially, where the intent or the result 173 is that such drainage be temporary, shall be considered a 174 permanent nontidal surface water body. A nontidal surface water 175 body that is drained of all visible surface water, where the 176 lawful intent or the result of such drainage is that such 177 drainage will be permanent, mayshallnot be considered a 178 permanent nontidal surface water body. The boundary of a 179 permanent nontidal surface water body shall be the mean annual 180 flood line. 181 (n)(m)“Potable water line” means any water line that is 182 connected to a potable water supply source, but the term does 183 not include an irrigation line with any of the following types 184 of backflow devices: 185 1. For irrigation systems into which chemicals are not 186 injected, any atmospheric or pressure vacuum breaker or double 187 check valve or any detector check assembly. 188 2. For irrigation systems into which chemicals such as 189 fertilizers, pesticides, or herbicides are injected, any reduced 190 pressure backflow preventer. 191 (o)(n)“Septage” means a mixture of sludge, fatty 192 materials, human feces, and wastewater removed during the 193 pumping of an onsite sewage treatment and disposal system. 194 (p)(o)“Subdivision” means, for residential use, any tract 195 or plot of land divided into two or more lots or parcels of 196 which at least one is 1 acre or less in size for sale, lease, or 197 rent. A subdivision for commercial or industrial use is any 198 tract or plot of land divided into two or more lots or parcels 199 of which at least one is 5 acres or less in size and which is 200 for sale, lease, or rent. A subdivision shall be deemed to be 201 proposed until such time as an application is submitted to the 202 local government for subdivision approval or, in those areas 203 where no local government subdivision approval is required, 204 until such time as a plat of the subdivision is recorded. 205 (q)(p)“Tidally influenced surface water body” means a body 206 of water that is subject to the ebb and flow of the tides and 207 has as its boundary a mean high-water line as defined by s. 208 177.27(15). 209 (r)(q)“Toxic or hazardous chemical” means a substance that 210 poses a serious danger to human health or the environment. 211 (3) DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.—The 212 department shall: 213 (a) Adopt rules to administer ss. 381.0065-381.0067, 214 including definitions that are consistent with the definitions 215 in this section, decreases to setback requirements where no 216 health hazard exists, increases for the lot-flow allowance for 217 performance-based systems, requirements for separation from 218 water table elevation during the wettest season, requirements 219 for the design and construction of any component part of an 220 onsite sewage treatment and disposal system, application and 221 permit requirements for persons who maintain an onsite sewage 222 treatment and disposal system, requirements for maintenance and 223 service agreements for aerobic treatment units and performance 224 based treatment systems, and recommended standards, including 225 disclosure requirements, for voluntary system inspections to be 226 performed by individuals who are authorized by law to perform 227 such inspections and who shall inform a person having ownership, 228 control, or use of an onsite sewage treatment and disposal 229 system of the inspection standards and of that person’s 230 authority to request an inspection based on all or part of the 231 standards. 232 (b) Perform application reviews and site evaluations, issue 233 permits, and conduct inspections and complaint investigations 234 associated with the construction, installation, maintenance, 235 modification, abandonment, operation, use, or repair of an 236 onsite sewage treatment and disposal system for a residence or 237 establishment with an estimated domestic sewage flow of 10,000 238 gallons or less per day, or an estimated commercial sewage flow 239 of 5,000 gallons or less per day, which is not currently 240 regulated under chapter 403. 241 (c) Develop a comprehensive program to ensure that onsite 242 sewage treatment and disposal systems regulated by the 243 department are sized, designed, constructed, installed, 244 repaired, modified, abandoned, used, operated, and maintained in 245 compliance with this section and rules adopted under this 246 section to prevent groundwater contamination and surface water 247 contamination and to preserve the public health. The department 248 is the final administrative interpretive authority regarding 249 rule interpretation. In the event of a conflict regarding rule 250 interpretation, the State Surgeon General, or his or her 251 designee, shall timely assign a staff person to resolve the 252 dispute. 253 (d) Grant variances in hardship cases under the conditions 254 prescribed in this section and rules adopted under this section. 255 (e) Permit the use of a limited number of innovative 256 systems for a specific periodof time, when there is compelling 257 evidence that the system will function properly and reliably to 258 meet the requirements of this section and rules adopted under 259 this section. 260 (f) Issue annual operating permits under this section. 261 (g) Establish and collect fees as established under s. 262 381.0066 for services provided with respect to onsite sewage 263 treatment and disposal systems and combined systems. 264 (h) Conduct enforcement activities, including imposing 265 fines, issuing citations, suspensions, revocations, injunctions, 266 and emergency orders for violations of this section, part I of 267 chapter 386, or part III of chapter 489 or for a violation of 268 any rule adopted under this section, part I of chapter 386, or 269 part III of chapter 489. 270 (i) Provide or conduct education and training of department 271 personnel, service providers, and the public regarding onsite 272 sewage treatment and disposal systems. 273 (j) Supervise research on, demonstration of, and training 274 on the performance, environmental impact, and public health 275 impact of onsite sewage treatment and disposal systems within 276 this state. Research fees collected under s. 381.0066(2)(k) must 277 be used to develop and fund hands-on training centers designed 278 to provide practical information about onsite sewage treatment 279 and disposal systems to septic tank contractors, master septic 280 tank contractors, contractors, inspectors, engineers, and the 281 public and must also be used to fund research projects which 282 focus on improvements of onsite sewage treatment and disposal 283 systems, including use of performance-based standards and 284 reduction of environmental impact. Research projects shall be 285 initially approved by the technical review and advisory panel 286 and shall be applicable to and reflect the soil conditions 287 specific to Florida. Such projects shall be awarded through 288 competitive negotiation, using the procedures provided in s. 289 287.055, to public or private entities that have experience in 290 onsite sewage treatment and disposal systems in Florida and that 291 are principally located in Florida. Research projects mayshall292 not be awarded to firms or entities that employ or are 293 associated with persons who serve on either the technical review 294 and advisory panel or the research review and advisory 295 committee. 296 (k) Approve the installation of individual graywater 297 disposal systems in which blackwater is treated by a central 298 sewerage system. 299 (l) Regulate and permit the sanitation, handling, 300 treatment, storage, reuse, and disposal of byproducts from any 301 system regulated under this chapter and not regulated by the 302 Department of Environmental Protection. 303 (m) Permit and inspect portable or temporary toilet 304 services and holding tanks. The department shall review 305 applications, perform site evaluations, and issue permits for 306 the temporary use of holding tanks, privies, portable toilet 307 services, or any other toilet facility that is intended for use 308 on a permanent or nonpermanent basis, including facilities 309 placed on construction sites when workers are present. The 310 department may specify standards for the construction, 311 maintenance, use, and operation of any such facility for 312 temporary use. 313 (n) Regulate and permit maintenance entities for 314 performance-based treatment systems and aerobic treatment unit 315 systems. To ensure systems are maintained and operated according 316 to manufacturer’s specifications and designs, the department 317 shall establish by rule minimum qualifying criteria for 318 maintenance entities. The criteria shall include: training, 319 access to approved spare parts and components, access to 320 manufacturer’s maintenance and operation manuals, and service 321 response time. The maintenance entity shall employ a contractor 322 licensed under s. 489.105(3)(m), or part III of chapter 489, or 323 a state-licensed wastewater plant operator, who is responsible 324 for maintenance and repair of all systems under contract. 325 (o) Approve the installation of a combined system when 326 connection to a publicly owned or investor-owned sewerage system 327 results in the use of any part of an onsite sewage and disposal 328 system. 329 (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not 330 construct, repair, modify, abandon, or operate an onsite sewage 331 treatment and disposal system or combined system without first 332 obtaining a permit approved by the department. The department 333 may issue permits to carry out this section, but mayshallnot 334 make the issuance of such permits contingent upon prior approval 335 by the Department of Environmental Protection, except that the 336 issuance of a permit for work seaward of the coastal 337 construction control line established under s. 161.053 shall be 338 contingent upon receipt of any required coastal construction 339 control line permit from the Department of Environmental 340 Protection and the construction of a combined system shall be 341 contingent upon approval of the receiving force main system by 342 the Department of Environmental Protection. A construction 343 permit is valid for 18 months from the issuance date and may be 344 extended by the department for one 90-day period under rules 345 adopted by the department. A repair permit is valid for 90 days 346 from the date of issuance. An operating permit must be obtained 347 beforeprior tothe use of any aerobic treatment unit or if the 348 establishment generates commercial waste. Buildings or 349 establishments that use an aerobic treatment unit or generate 350 commercial waste shall be inspected by the department at least 351 annually to assure compliance with the terms of the operating 352 permit. The operating permit for a commercial wastewater system 353 is valid for 1 year from the date of issuance and must be 354 renewed annually. The operating permit for an aerobic treatment 355 unit is valid for 2 years from the date of issuance and must be 356 renewed every 2 years. If all information pertaining to the 357 siting, location, and installation conditions or repair of an 358 onsite sewage treatment and disposal system remains the same, a 359 construction or repair permit for the onsite sewage treatment 360 and disposal system may be transferred to another person, if the 361 transferee files, within 60 days after the transfer of 362 ownership, an amended application providing all corrected 363 information and proof of ownership of the property. There is no 364 fee associated with the processing of this supplemental 365 information. A person may not contract to construct, modify, 366 alter, repair, service, abandon, or maintain any portion of an 367 onsite sewage treatment and disposal system without being 368 registered under part III of chapter 489. A property owner who 369 personally performs construction, maintenance, or repairs to a 370 system serving his or her own owner-occupied single-family 371 residence is exempt from registration requirements for 372 performing such construction, maintenance, or repairs on that 373 residence, but is subject to all permitting requirements. A 374 municipality or political subdivisionof the statemay not issue 375 a building or plumbing permit for any building that requires the 376 use of an onsite sewage treatment and disposal system or 377 combined system unless the owner or builder has received a 378 construction permit for such system from the department. A 379 building or structure may not be occupied and a municipality, 380 political subdivision, or any state or federal agency may not 381 authorize occupancy until the department approves the final 382 installation of the onsite sewage treatment and disposal system 383 or combined system. A municipality or political subdivisionof384the statemay not approve any change in occupancy or tenancy of 385 a building that uses an onsite sewage treatment and disposal 386 system until the department has reviewed the use of the system 387 with the proposed change, approved the change, and amended the 388 operating permit. 389 (a) Subdivisions and lots in which each lot has a minimum 390 area of at least one-half acre and either a minimum dimension of 391 100 feet or a mean of at least 100 feet of the side bordering 392 the street and the distance formed by a line parallel to the 393 side bordering the street drawn between the two most distant 394 points of the remainder of the lot may be developed with a water 395 system regulated under s. 381.0062 and onsite sewage treatment 396 and disposal systems, ifprovidedthe projected daily sewage 397 flow does not exceed an average of 1,500 gallons per acre per 398 day,and ifprovidedsatisfactory drinking water can be obtained 399 and all distance and setback, soil condition, water table 400 elevation, and other related requirements of this section and 401 rules adopted under this section can be met. 402 (b) Subdivisions and lots using a public water system as 403 defined in s. 403.852 may use onsite sewage treatment and 404 disposal systems, ifprovidedthere are no more than four lots 405 per acre, ifprovidedthe projected daily sewage flow does not 406 exceed an average of 2,500 gallons per acre per day, and if 407provided thatall distance and setback, soil condition, water 408 table elevation, and other related requirements that are 409 generally applicable to the use of onsite sewage treatment and 410 disposal systems are met. 411 (c) Notwithstanding paragraphs (a) and (b), for 412 subdivisions platted of record on or before October 1, 1991, 413 when a developer or other appropriate entity has previously made 414 or makes provisions, including financial assurances or other 415 commitments, acceptable to the Department of Health, that a 416 central water system will be installed by a regulated public 417 utility based on a density formula, private potable wells may be 418 used with onsite sewage treatment and disposal systems until the 419 agreed-upon densities are reached. In a subdivision regulated by 420 this paragraph, the average daily sewage flow may not exceed 421 2,500 gallons per acre per day. This section does not affect the 422 validity of existing prior agreements. After October 1, 1991, 423 the exception provided under this paragraph is not available to 424 a developer or other appropriate entity. 425 (d) Paragraphs (a) and (b) do not apply to any proposed 426 residential subdivision with more than 50 lots or to any 427 proposed commercial subdivision with more than 5 lots where a 428 publicly owned or investor-owned sewerage system is available. 429 It is the intent of this paragraph not to allow development of 430 additional proposed subdivisions in order to evade the 431 requirements of this paragraph. 432 (e) Onsite sewage treatment and disposal systems must not 433 be placed closer than: 434 1. Seventy-five feet from a private potable well. 435 2. Two hundred feet from a public potable well serving a 436 residential or nonresidential establishment having a total 437 sewage flow of greater than 2,000 gallons per day. 438 3. One hundred feet from a public potable well serving a 439 residential or nonresidential establishment having a total 440 sewage flow of less than or equal to 2,000 gallons per day. 441 4. Fifty feet from any nonpotable well. 442 5. Ten feet from any storm sewer pipe, to the maximum 443 extent possible, but in no instance shall the setback be less 444 than 5 feet. 445 6. Seventy-five feet from the mean high-water line of a 446 tidally influenced surface water body. 447 7. Seventy-five feet from the mean annual flood line of a 448 permanent nontidal surface water body. 449 8. Fifteen feet from the design high-water line of 450 retention areas, detention areas, or swales designed to contain 451 standing or flowing water for less than 72 hours after a 452 rainfall or the design high-water level of normally dry drainage 453 ditches or normally dry individual lot stormwater retention 454 areas. 455 (f) Except as provided under paragraphs (e) and (t),no456 limitations may notshallbe imposed by rule,relating to the 457 distance between an onsite disposal system and any area that 458 either permanently or temporarily has visible surface water. 459 (g)All provisions ofThis section and rules adopted under 460 this section relating to soil condition, water table elevation, 461 distance, and other setback requirements must be equally applied 462 to all lots, with the following exceptions: 463 1. Any residential lot that was platted and recorded on or 464 after January 1, 1972, or that is part of a residential 465 subdivision that was approved by the appropriate permitting 466 agency on or after January 1, 1972, and that was eligible for an 467 onsite sewage treatment and disposal system construction permit 468 on the date of such platting and recording or approval shall be 469 eligible for an onsite sewage treatment and disposal system 470 construction permit, regardless of when the application for a 471 permit is made. If rules in effect at the time the permit 472 application is filed cannot be met, residential lots platted and 473 recorded or approved on or after January 1, 1972, shall, to the 474 maximum extent possible, comply with the rules in effect at the 475 time the permit application is filed. At a minimum, however, 476 those residential lots platted and recorded or approved on or 477 after January 1, 1972, but before January 1, 1983, shall comply 478 with those rules in effect on January 1, 1983, and those 479 residential lots platted and recorded or approved on or after 480 January 1, 1983, shall comply with those rules in effect at the 481 time of such platting and recording or approval. In determining 482 the maximum extent of compliance with current rules that is 483 possible, the department shall allow structures and 484 appurtenances thereto which were authorized at the time such 485 lots were platted and recorded or approved. 486 2. Lots platted before 1972 are subject to a 50-foot 487 minimum surface water setback and are not subject to lot size 488 requirements. The projected daily flow for onsite sewage 489 treatment and disposal systems for lots platted before 1972 may 490 not exceed: 491 a. Two thousand five hundred gallons per acre per day for 492 lots served by public water systems as defined in s. 403.852. 493 b. One thousand five hundred gallons per acre per day for 494 lots served by water systems regulated under s. 381.0062. 495 (h)1. The department may grant variances in hardship cases 496 which may be less restrictive than the provisions specified in 497 this section. If a variance is granted and the onsite sewage 498 treatment and disposal system construction permit has been 499 issued, the variance may be transferred with the system 500 construction permit, if the transferee files, within 60 days 501 after the transfer of ownership, an amended construction permit 502 application providing all corrected information and proof of 503 ownership of the property and if the same variance would have 504 been required for the new owner of the property as was 505 originally granted to the original applicant for the variance. 506 There is no fee associated with the processing of this 507 supplemental information. A variance may not be granted under 508 this section until the department is satisfied that: 509 a. The hardship was not caused intentionally by the action 510 of the applicant; 511 b. No reasonable alternative, taking into consideration 512 factors such as cost, exists for the treatment of the sewage; 513 and 514 c. The discharge from the onsite sewage treatment and 515 disposal system will not adversely affect the health of the 516 applicant or the public or significantly degrade the groundwater 517 or surface waters. 518 519 Where soil conditions, water table elevation, and setback 520 provisions are determined by the department to be satisfactory, 521 special consideration must be given to those lots platted before 522 1972. 523 2. The department shall appoint and staff a variance review 524 and advisory committee, which shall meet monthly to recommend 525 agency action on variance requests. The committee shall make its 526 recommendations on variance requests at the meeting in which the 527 application is scheduled for consideration, except for an 528 extraordinary change in circumstances, the receipt of new 529 information that raises new issues, or when the applicant 530 requests an extension. The committee shall consider the criteria 531 in subparagraph 1. in its recommended agency action on variance 532 requests and shall also strive to allow property owners the full 533 use of their land where possible. The committee consists of the 534 following: 535 a. The State Surgeon General or his or her designee. 536 b. A representative from the county health departments. 537 c. A representative from the home building industry 538 recommended by the Florida Home Builders Association. 539 d. A representative from the septic tank industry 540 recommended by the Florida Onsite Wastewater Association. 541 e. A representative from the Department of Environmental 542 Protection. 543 f. A representative from the real estate industry who is 544 also a developer in this state who develops lots using onsite 545 sewage treatment and disposal systems, recommended by the 546 Florida Association of Realtors. 547 g. A representative from the engineering profession 548 recommended by the Florida Engineering Society. 549 550 Members shall be appointed for a term of 3 years, with such 551 appointments being staggered so that the terms of no more than 552 two members expire in any one year. Members shall serve without 553 remuneration, but if requested, shall be reimbursed for per diem 554 and travel expenses as provided in s. 112.061. 555 (i) A construction permit may not be issued for an onsite 556 sewage treatment and disposal system in any area zoned or used 557 for industrial or manufacturing purposes, or its equivalent, 558 where a publicly owned or investor-owned sewage treatment system 559 is available, or where a likelihood exists that the system will 560 receive toxic, hazardous, or industrial waste. An existing 561 onsite sewage treatment and disposal system may be repaired if a 562 publicly owned or investor-owned sewerage system is not 563 available within 500 feet of the building sewer stub-out and if 564 system construction and operation standards can be met. This 565 paragraph does not require publicly owned or investor-owned 566 sewerage treatment systems to accept anything other than 567 domestic wastewater. 568 1. A building located in an area zoned or used for 569 industrial or manufacturing purposes, or its equivalent, when 570 such building is served by an onsite sewage treatment and 571 disposal system, must not be occupied until the owner or tenant 572 has obtained written approval from the department. The 573 department mayshallnot grant approval when the proposed use of 574 the system is to dispose of toxic, hazardous, or industrial 575 wastewater or toxic or hazardous chemicals. 576 2. Each person who owns or operates a business or facility 577 in an area zoned or used for industrial or manufacturing 578 purposes, or its equivalent, or who owns or operates a business 579 that has the potential to generate toxic, hazardous, or 580 industrial wastewater or toxic or hazardous chemicals, and uses 581 an onsite sewage treatment and disposal system that is installed 582 on or after July 5, 1989, must obtain an annual system operating 583 permit from the department. A person who owns or operates a 584 business that uses an onsite sewage treatment and disposal 585 system that was installed and approved before July 5, 1989, does 586 not need tonotobtain a system operating permit. However, upon 587 change of ownership or tenancy, the new owner or operator must 588 notify the department of the change, and the new owner or 589 operator must obtain an annual system operating permit, 590 regardless of the date that the system was installed or 591 approved. 592 3. The department shall periodically review and evaluate 593 the continued use of onsite sewage treatment and disposal 594 systems in areas zoned or used for industrial or manufacturing 595 purposes, or its equivalent, and may require the collection and 596 analyses of samples from within and around such systems. If the 597 department finds that toxic or hazardous chemicals or toxic, 598 hazardous, or industrial wastewater have been or are being 599 disposed of through an onsite sewage treatment and disposal 600 system, the department shall initiate enforcement actions 601 against the owner or tenant to ensure adequate cleanup, 602 treatment, and disposal. 603 (j) An onsite sewage treatment and disposal system designed 604 by a professional engineer registered in the state and certified 605 by such engineer as complying with performance criteria adopted 606 by the department must be approved by the department subject to 607 the following: 608 1. The performance criteria applicable to engineer-designed 609 systems must be limited to those necessary to ensure that such 610 systems do not adversely affect the public health or 611 significantly degrade the groundwater or surface water. Such 612 performance criteria shall include consideration of the quality 613 of system effluent, the proposed total sewage flow per acre, 614 wastewater treatment capabilities of the natural or replaced 615 soil, water quality classification of the potential surface 616 water-receiving body, and the structural and maintenance 617 viability of the system for the treatment of domestic 618 wastewater. However, performance criteria shall address only the 619 performance of a system and not a system’s design. 620 2. A person electing to useutilizean engineer-designed 621 system shall, upon completion of the system design, submit such 622 design, certified by a registered professional engineer, to the 623 county health department. The county health department may use 624utilizean outside consultant to review the engineer-designed 625 system, with the actual cost of such review to be borne by the 626 applicant. Within 5 working days after receiving an engineer 627 designed system permit application, the county health department 628 shall request additional information if the application is not 629 complete. Within 15 working days after receiving a complete 630 application for an engineer-designed system, the county health 631 department either shall issue the permit or, if it determines 632 that the system does not comply with the performance criteria, 633 shall notify the applicant of that determination and refer the 634 application to the department for a determination as to whether 635 the system should be approved, disapproved, or approved with 636 modification. The department engineer’s determination shall 637 prevail over the action of the county health department. The 638 applicant shall be notified in writing of the department’s 639 determination and of the applicant’s rights to pursue a variance 640 or seek review underthe provisions ofchapter 120. 641 3. The owner of an engineer-designed performance-based 642 system must maintain a current maintenance service agreement 643 with a maintenance entity permitted by the department. The 644 maintenance entity shall inspect each system at least twice each 645 year and shall report quarterly to the department on the number 646 of systems inspected and serviced. The reports may be submitted 647 electronically. 648 4. The property owner of an owner-occupied, single-family 649 residence may be approved and permitted by the department as a 650 maintenance entity for his or her own performance-based 651 treatment system upon written certification from the system 652 manufacturer’s approved representative that the property owner 653 has received training on the proper installation and service of 654 the system. The maintenance service agreement must conspicuously 655 disclose that the property owner has the right to maintain his 656 or her own system and is exempt from contractor registration 657 requirements for performing construction, maintenance, or 658 repairs on the system but is subject to all permitting 659 requirements. 660 5. The property owner shall obtain a biennial system 661 operating permit from the department for each system. The 662 department shall inspect the system at least annually, or on 663 such periodic basis as the fee collected permits, and may 664 collect system-effluent samples if appropriate to determine 665 compliance with the performance criteria. The fee for the 666 biennial operating permit shall be collected beginning with the 667 second year of system operation. 668 6. If an engineer-designed system fails to properly 669 function or fails to meet performance standards, the system 670 shall be re-engineered, if necessary, to bring the system into 671 compliance withthe provisions ofthis section. 672 (k) An innovative system may be approved in conjunction 673 with an engineer-designed site-specific system which is 674 certified by the engineer to meet the performance-based criteria 675 adopted by the department. 676 (l) For the Florida Keys, the department shall adopt a 677 special rule for the construction, installation, modification, 678 operation, repair, maintenance, and performance of onsite sewage 679 treatment and disposal systems which considers the unique soil 680 conditions and water table elevations, densities, and setback 681 requirements. On lots where a setback distance of 75 feet from 682 surface waters, saltmarsh, and buttonwood association habitat 683 areas cannot be met, an injection well, approved and permitted 684 by the department, may be used for disposal of effluent from 685 onsite sewage treatment and disposal systems. The following 686 additional requirements apply to onsite sewage treatment and 687 disposal systems in Monroe County: 688 1. The county, each municipality, and those special 689 districts established for the purpose of the collection, 690 transmission, treatment, or disposal of sewage shall ensure, in 691 accordance with the specific schedules adopted by the 692 Administration Commission under s. 380.0552, the completion of 693 onsite sewage treatment and disposal system upgrades to meet the 694 requirements of this paragraph. 695 2. Onsite sewage treatment and disposal systems must cease 696 discharge by December 31, 2015, or must comply with department 697 rules and provide the level of treatment which, on a permitted 698 annual average basis, produces an effluent that contains no more 699 than the following concentrations: 700 a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l. 701 b. Suspended Solids of 10 mg/l. 702 c. Total Nitrogen, expressed as N, of 10 mg/l or a 703 reduction in nitrogen of at least 70 percent. A system that has 704 been tested and certified to reduce nitrogen concentrations by 705 at least 70 percent shall be deemed to be in compliance with 706 this standard. 707 d. Total Phosphorus, expressed as P, of 1 mg/l. 708 709 In addition, onsite sewage treatment and disposal systems 710 discharging to an injection well must provide basic disinfection 711 as defined by department rule. 712 3. In areas not scheduled to be served by a central sewer, 713 onsite sewage treatment and disposal systems must, by December 714 31, 2015, comply with department rules and provide the level of 715 treatment described in subparagraph 2. 716 4. In areas scheduled to be served by central sewer by 717 December 31, 2015, if the property owner has paid a connection 718 fee or assessment for connection to the central sewer system, 719 the property owner may install a holding tank with a high water 720 alarm or an onsite sewage treatment and disposal system that 721 meets the following minimum standards: 722 a. The existing tanks must be pumped and inspected and 723 certified as being watertight and free of defects in accordance 724 with department rule; and 725 b. A sand-lined drainfield or injection well in accordance 726 with department rule must be installed. 727 5. Onsite sewage treatment and disposal systems must be 728 monitored for total nitrogen and total phosphorus concentrations 729 as required by department rule. 730 6. The department shall enforce proper installation, 731 operation, and maintenance of onsite sewage treatment and 732 disposal systems pursuant to this chapter, including ensuring 733 that the appropriate level of treatment described in 734 subparagraph 2. is met. 735 7. The authority of a local government, including a special 736 district, to mandate connection of an onsite sewage treatment 737 and disposal system is governed by s. 4, chapter 99-395, Laws of 738 Florida. 739 8. Notwithstanding any other provision of law, an onsite 740 sewage treatment and disposal system installed after July 1, 741 2010, in unincorporated Monroe County, excluding special 742 wastewater districts, that complies with the standards in 743 subparagraph 2. is not required to connect to a central sewer 744 system until December 31, 2020. 745 (m) ANoproduct sold in the state for use in onsite sewage 746 treatment and disposal systems may not contain any substance in 747 concentrations or amounts that would interfere with or prevent 748 the successful operation of such system, or that would cause 749 discharges from such systems to violate applicable water quality 750 standards. The department shall publish criteria for products 751 known or expected to meet the conditions of this paragraph. In 752 the event a product does not meet such criteria, such product 753 may be sold if the manufacturer satisfactorily demonstrates to 754 the department that the conditions of this paragraph are met. 755 (n) Evaluations for determining the seasonal high-water 756 table elevations or the suitability of soils for the use of a 757 new onsite sewage treatment and disposal system shall be 758 performed by department personnel, professional engineers 759 registered in the state, or such other persons with expertise, 760 as defined by rule, in making such evaluations. Evaluations for 761 determining mean annual flood lines shall be performed by those 762 persons identified in paragraph (2)(j). The department shall 763 accept evaluations submitted by professional engineers and such 764 other persons as meet the expertise established by this section 765 or by rule unless the department has a reasonable scientific 766 basis for questioning the accuracy or completeness of the 767 evaluation. 768 (o) The department shall appoint a research review and 769 advisory committee, which shall meet at least semiannually. The 770 committee shall advise the department on directions for new 771 research, review and rank proposals for research contracts, and 772 review draft research reports and make comments. The committee 773 is comprised of: 774 1. A representative of the State Surgeon General, or his or 775 her designee. 776 2. A representative from the septic tank industry. 777 3. A representative from the home building industry. 778 4. A representative from an environmental interest group. 779 5. A representative from the State University System, from 780 a department knowledgeable about onsite sewage treatment and 781 disposal systems. 782 6. A professional engineer registered in this state who has 783 work experience in onsite sewage treatment and disposal systems. 784 7. A representative from local government who is 785 knowledgeable about domestic wastewater treatment. 786 8. A representative from the real estate profession. 787 9. A representative from the restaurant industry. 788 10. A consumer. 789 790 Members shall be appointed for a term of 3 years, with the 791 appointments being staggered so that the terms of no more than 792 four members expire in any one year. Members shall serve without 793 remuneration, but are entitled to reimbursement for per diem and 794 travel expenses as provided in s. 112.061. 795 (p) An application for an onsite sewage treatment and 796 disposal system permit shall be completed in full, signed by the 797 owner or the owner’s authorized representative, or by a 798 contractor licensed under chapter 489, and shall be accompanied 799 by all required exhibits and fees.NoSpecific documentation of 800 property ownership may notshallbe required as a prerequisite 801 to the review of an application or the issuance of a permit. The 802 issuance of a permit does not constitute determination by the 803 department of property ownership. 804 (q) The department may not require any form of subdivision 805 analysis of property by an owner, developer, or subdivider 806 beforeprior tosubmission of an application for an onsite 807 sewage treatment and disposal system. 808 (r)Nothing inThis section does not limitlimitsthe power 809 of a municipality or county to enforce other laws for the 810 protection of the public health and safety. 811 (s) In the siting of onsite sewage treatment and disposal 812 systems, including drainfields, shoulders, and slopes, guttering 813 mayshallnot be required on single-family residential dwelling 814 units for systems located greater than 5 feet from the roof drip 815 line of the house. If guttering is used on residential dwelling 816 units, the downspouts shall be directed away from the 817 drainfield. 818 (t) Notwithstandingthe provisions ofsubparagraph (g)1., 819 onsite sewage treatment and disposal systems located in 820 floodways of the Suwannee and Aucilla Rivers must adhere to the 821 following requirements: 822 1. The absorption surface of the drainfield mustshallnot 823 be subject to flooding based on 10-year flood elevations. 824Provided,However, for lots or parcels created by the 825 subdivision of land in accordance with applicable local 826 government regulations beforeprior toJanuary 17, 1990, if an 827 applicant cannot construct a drainfield system with the 828 absorption surface of the drainfield at an elevation equal to or 829 above 10-year flood elevation, the department shall issue a 830 permit for an onsite sewage treatment and disposal system within 831 the 10-year floodplain of rivers, streams, and other bodies of 832 flowing water if all of the following criteria are met: 833 a. The lot is at least one-half acre in size.;834 b. The bottom of the drainfield is at least 36 inches above 835 the 2-year flood elevation.; and836 c. The applicant installs either: a waterless, 837 incinerating, or organic waste composting toilet and a graywater 838 system and drainfield in accordance with department rules; an 839 aerobic treatment unit and drainfield in accordance with 840 department rules; a system approved by the State Health Office 841 that is capable of reducing effluent nitrate by at least 50 842 percent; or a system approved by the county health department 843 pursuant to department rule other than a system using 844 alternative drainfield materials. The United States Department 845 of Agriculture Soil Conservation Service soil maps, State of 846 Florida Water Management District data, and Federal Emergency 847 Management Agency Flood Insurance maps are resources that shall 848 be used to identify flood-prone areas. 849 2. The use of fill or mounding to elevate a drainfield 850 system out of the 10-year floodplain of rivers, streams, or 851 other bodies of flowing water mustshallnot be permitted if 852 such a system lies within a regulatory floodway of the Suwannee 853 and Aucilla Rivers. In cases where the 10-year flood elevation 854 does not coincide with the boundaries of the regulatory 855 floodway, the regulatory floodway will be considered for the 856 purposes of this subsection to extend at a minimum to the 10 857 year flood elevation. 858 (u)1. The owner of an aerobic treatment unit system shall 859 maintain a current maintenance service agreement with an aerobic 860 treatment unit maintenance entity permitted by the department. 861 The maintenance entity shall inspect each aerobic treatment unit 862 system at least twice each year and shall report quarterly to 863 the department on the number of aerobic treatment unit systems 864 inspected and serviced. The reports may be submitted 865 electronically. 866 2. The property owner of an owner-occupied, single-family 867 residence may be approved and permitted by the department as a 868 maintenance entity for his or her own aerobic treatment unit 869 system upon written certification from the system manufacturer’s 870 approved representative that the property owner has received 871 training on the proper installation and service of the system. 872 The maintenance entity service agreement must conspicuously 873 disclose that the property owner has the right to maintain his 874 or her own system and is exempt from contractor registration 875 requirements for performing construction, maintenance, or 876 repairs on the system but is subject to all permitting 877 requirements. 878 3. A septic tank contractor licensed under part III of 879 chapter 489, if approved by the manufacturer, may not be denied 880 access by the manufacturer to aerobic treatment unit system 881 training or spare parts for maintenance entities. After the 882 original warranty period, component parts for an aerobic 883 treatment unit system may be replaced with parts that meet 884 manufacturer’s specifications but are manufactured by others. 885 The maintenance entity shall maintain documentation of the 886 substitute part’s equivalency for 2 years and shall provide such 887 documentation to the department upon request. 888 4. The owner of an aerobic treatment unit system shall 889 obtain a system operating permit from the department and allow 890 the department to inspect during reasonable hours each aerobic 891 treatment unit system at least annually, and such inspection may 892 include collection and analysis of system-effluent samples for 893 performance criteria established by rule of the department. 894 (v) The department may require the submission of detailed 895 system construction plans that are prepared by a professional 896 engineer registered in this state. The department shall 897 establish by rule criteria for determining when such a 898 submission is required. 899 (w) Any permit issued and approved by the department for 900 the installation, modification, or repair of an onsite sewage 901 treatment and disposal system or combined system shall transfer 902 with the title to the property in a real estate transaction. A 903 title may not be encumbered at the time of transfer by new 904 permit requirements by a governmental entity for an onsite 905 sewage treatment and disposal system or combined system which 906 differ from the permitting requirements in effect at the time 907 the system was permitted, modified, or repaired. An inspection 908 of a system may not be mandated by a governmental entity at the 909 point of sale in a real estate transaction. This paragraph does 910 not affect a septic tank phase-out deferral program implemented 911 by a consolidated government as defined in s. 9, Art. VIII of 912 the State Constitution (1885). 913 (x) A governmental entity, including a municipality, 914 county, or statutorily created commission, may not require an 915 engineer-designed performance-based treatment system, excluding 916 a passive engineer-designed performance-based treatment system, 917 before the completion of the Florida Onsite Sewage Nitrogen 918 Reduction Strategies Project. This paragraph does not apply to a 919 governmental entity, including a municipality, county, or 920 statutorily created commission, which adopted a local law, 921 ordinance, or regulation on or before January 31, 2012. 922 Notwithstanding this paragraph, an engineer-designed 923 performance-based treatment system may be used to meet the 924 requirements of the variance review and advisory committee 925 recommendations. 926 (y)1. An onsite sewage treatment and disposal system is not 927 considered abandoned if the system is disconnected from a 928 structure that was made unusable or destroyed following a 929 disaster and if the system was properly functioning at the time 930 of disconnection and was not adversely affected by the disaster. 931 The onsite sewage treatment and disposal system may be 932 reconnected to a rebuilt structure if: 933 a. The reconnection of the system is to the same type of 934 structure which contains the same number of bedrooms or fewer, 935 if the square footage of the structure is less than or equal to 936 110 percent of the original square footage of the structure that 937 existed before the disaster; 938 b. The system is not a sanitary nuisance; and 939 c. The system has not been altered without prior 940 authorization. 941 2. An onsite sewage treatment and disposal system that 942 serves a property that is foreclosed upon is not considered 943 abandoned. 944 (z) If an onsite sewage treatment and disposal system 945 permittee receives, relies upon, and undertakes construction of 946 a system based upon a validly issued construction permit under 947 rules applicable at the time of construction but a change to a 948 rule occurs within 5 years after the approval of the system for 949 construction but before the final approval of the system, the 950 rules applicable and in effect at the time of construction 951 approval apply at the time of final approval if fundamental site 952 conditions have not changed between the time of construction 953 approval and final approval. 954 (aa) An existing-system inspection or evaluation and 955 assessment, or a modification, replacement, or upgrade of an 956 onsite sewage treatment and disposal system is not required for 957 a remodeling addition or modification to a single-family home if 958 a bedroom is not added. However, a remodeling addition or 959 modification to a single-family home may not cover any part of 960 the existing system or encroach upon a required setback or the 961 unobstructed area. To determine if a setback or the unobstructed 962 area is impacted, the local health department shall review and 963 verify a floor plan and site plan of the proposed remodeling 964 addition or modification to the home submitted by a remodeler 965 which shows the location of the system, including the distance 966 of the remodeling addition or modification to the home from the 967 onsite sewage treatment and disposal system. The local health 968 department may visit the site or otherwise determine the best 969 means of verifying the information submitted. A verification of 970 the location of a system is not an inspection or evaluation and 971 assessment of the system. The review and verification must be 972 completed within 7 business days after receipt by the local 973 health department of a floor plan and site plan. If the review 974 and verification is not completed within such time, the 975 remodeling addition or modification to the single-family home, 976 for the purposes of this paragraph, is approved. 977 (5) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.— 978 (a) Department personnel who have reason to believe 979 noncompliance exists, may at any reasonable time, enter the 980 premises permitted under ss. 381.0065-381.0066, or the business 981 premises of any septic tank contractor or master septic tank 982 contractor registered under part III of chapter 489, or any 983 premises that the department has reason to believe is being 984 operated or maintained not in compliance, to determine 985 compliance withthe provisions ofthis section, part I of 986 chapter 386, or part III of chapter 489 or rules or standards 987 adopted under ss. 381.0065-381.0067, part I of chapter 386, or 988 part III of chapter 489. As used in this paragraph, the term 989 “premises” does not include a residence or private building. To 990 gain entry to a residence or private building, the department 991 must obtain permission from the owner or occupant or secure an 992 inspection warrant from a court of competent jurisdiction. 993 (b)1. The department may issue citations that may contain 994 an order of correction or an order to pay a fine, or both, for 995 violations of ss. 381.0065-381.0067, part I of chapter 386, or 996 part III of chapter 489 or the rules adopted by the department, 997 when a violation of these sections or rules is enforceable by an 998 administrative or civil remedy, or when a violation of these 999 sections or rules is a misdemeanor of the second degree. A 1000 citation issued under ss. 381.0065-381.0067, part I of chapter 1001 386, or part III of chapter 489 constitutes a notice of proposed 1002 agency action. 1003 2. A citation must be in writing and must describe the 1004 particular nature of the violation, including specific reference 1005 to theprovisions oflaw or rule allegedly violated. 1006 3. The fines imposed by a citation issued by the department 1007 may not exceed $500 for each violation. Each day the violation 1008 exists constitutes a separate violation for which a citation may 1009 be issued. 1010 4. The department shall inform the recipient, by written 1011 notice pursuant to ss. 120.569 and 120.57, of the right to an 1012 administrative hearing to contest the citation within 21 days 1013 after the date the citation is received. The citation must 1014 contain a conspicuous statement that if the recipient fails to 1015 pay the fine within the time allowed, or fails to appear to 1016 contest the citation after having requested a hearing, the 1017 recipient has waived the recipient’s right to contest the 1018 citation and must pay an amount up to the maximum fine. 1019 5. The department may reduce or waive the fine imposed by 1020 the citation. In determining whether to reduce or waive the 1021 fine, the department must consider the gravity of the violation, 1022 the person’s attempts at correcting the violation, and the 1023 person’s history of previous violations including violations for 1024 which enforcement actions were taken under ss. 381.0065 1025 381.0067, part I of chapter 386, part III of chapter 489, or 1026 otherprovisions oflaw or rule. 1027 6. AAnyperson who willfully refuses to sign and accept a 1028 citation issued by the department commits a misdemeanor of the 1029 second degree, punishable as provided in s. 775.082 or s. 1030 775.083. 1031 7. The department, pursuant to ss. 381.0065-381.0067, part 1032 I of chapter 386, or part III of chapter 489, shall deposit any 1033 fines it collects in the county health department trust fund for 1034 use in providing services specified in those sections. 1035 8. This section provides an alternative means of enforcing 1036 ss. 381.0065-381.0067, part I of chapter 386, and part III of 1037 chapter 489. This section does not prohibit the department from 1038 enforcing ss. 381.0065-381.0067, part I of chapter 386, or part 1039 III of chapter 489, or its rules, by any other means. However, 1040 the department must elect to use only a single method of 1041 enforcement for each violation. 1042 (6) LAND APPLICATION OF SEPTAGE PROHIBITED.—Effective 1043 January 1, 2016, the land application of septage from onsite 1044 sewage treatment and disposal systems is prohibited. 1045 Section 2. This act shall take effect July 1, 2014.