(1) LEGISLATIVE INTENT. It is the intent of the Legislature that where a publicly owned or investor-owned sewerage system is not available, the department shall issue permits for the construction, installation, modification, abandonment, or repair of onsite sewage treatment and disposal systems under conditions as described in this section and rules adopted under this section. It is further the intent of the Legislature that the installation and use of onsite sewage treatment and disposal systems not adversely affect the public health or significantly degrade the groundwater or surface water.

(2) DEFINITIONS. As used in ss. 381.0065-381.0067, the term:

(a) "Available publicly owned or investor-owned sewerage system" means a publicly owned or investor-owned sewerage system that is capable of being connected to the plumbing of an establishment or residence so long as: 1. The sewerage system is not under a Department of Environmental Protection moratorium; 2. The sewerage system has adequate permitted capacity to accept the sewage to be generated by the establishment or residence; 3. For a single-family residence, or for an establishment that has an estimated sewage flow of 1,000 gallons per day or less, a sewer line exists in a public easement or right-of-way that abuts the property of the establishment or residence and gravity flow can be naturally or artificially maintained from the establishment's or residence's drain to the sewer line; 4. For estimated sewage flows exceeding 1,000 gallons per day, with the exception of a single-family residence, a sewer line, force main, or lift station exists in a public easement or right-of-way that abuts the property of the establishment and is within 50 feet of the property line of the establishment as accessed via existing rights-of-way or easements; and 5. For areas zoned or used for an industrial or manufacturing purpose or its equivalent, a sewerage system exists within one-fourth mile of the development as measured and accessed via existing easements or rights-of-way, and, for repair or modification of these areas, a sewerage system exists within 500 feet of an establishment's or residence's sewer stub-out as accessed via existing rights-of-way or easements.

(b) "Blackwater" means that part of domestic sewage carried off by toilets, urinals, and kitchen drains.

(c) "Domestic sewage" means human body waste and wastewater, including bath and toilet waste, residential laundry waste, residential kitchen waste, and other similar waste from appurtenances at a residence or establishment.

(d) "Graywater" means that part of domestic sewage that is not blackwater, including waste from the bath, lavatory, laundry, and sink, except kitchen sink waste.

(e) "Florida Keys" means those islands of the state located within the boundaries of Monroe County.

(f) "Injection well" means an open vertical hole at least 90 feet in depth, cased and grouted to at least 60 feet in depth which is used to dispose of effluent from an onsite sewage treatment and disposal system.

(g) "Innovative system" means an onsite sewage treatment and disposal system that, in whole or in part, employs materials, devices, or techniques that are novel or unique and that have not been successfully field-tested under sound scientific and engineering principles under climatic and soil conditions found in this state.

(h) "Lot" means a parcel or tract of land described by reference to recorded plats or by metes and bounds, or the least fractional part of subdivided lands having limited fixed boundaries or an assigned number, letter, or any other legal description by which it can be identified.

(i) "Onsite sewage treatment and disposal system" means a system that contains a standard subsurface, filled, or mound drainfield system; an aerobic treatment unit; a graywater system tank; a laundry wastewater system tank; a septic tank; a grease interceptor; a dosing tank; a solids or effluent pump; a waterless, incinerating, or organic waste-composting toilet; or a sanitary pit privy that is installed or proposed to be installed beyond the building sewer on land of the owner or on other land to which the owner has the legal right to install a system. This term does not include package sewage treatment facilities and other treatment works regulated under chapter 403.

(j) "Septage" means a mixture of sludge, fatty materials, human feces, and wastewater removed during the pumping of an onsite sewage treatment and disposal system.

(k) "Subdivision" means, for residential use, any tract or plot of land divided into two or more lots or parcels of which at least one is 1 acre or less in size for sale, lease, or rent. A subdivision for commercial or industrial use is any tract or plot of land divided into two or more lots or parcels of which at least one is 5 acres or less in size and which is for sale, lease, or rent.

(l) "Surface water" means a recognizable body of water, including swamp or marsh areas, bayheads, cypress ponds and sloughs, and natural or constructed ponds contained within a recognizable boundary. This does not include retention or detention areas designed to contain standing or flowing water for less than 72 hours after a rainfall.

(m) "Toxic or hazardous chemical" means a substance that poses a serious danger to human health or the environment.

(3) DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES. The department shall:

(a) Adopt rules to administer ss. 381.0065-381.0067.

(b) Perform application reviews and site evaluations, issue permits, and conduct inspections and complaint investigations associated with the construction, installation, maintenance, modification, abandonment, or repair of an onsite sewage treatment and disposal system for a residence or establishment with an estimated domestic sewage flow of 10,000 gallons or less per day which is not currently regulated under chapter 403.

(c) Develop a comprehensive program to ensure that onsite sewage treatment and disposal systems regulated by the department are sized, designed, constructed, installed, repaired, modified, abandoned, and maintained in compliance with this section and rules adopted under this section to prevent groundwater contamination and surface water contamination and to preserve the public health. The State Health Office is the final administrative interpretive authority regarding rule interpretation. In the event of a conflict regarding rule interpretation, the Assistant Health Officer for Environmental Health of the Department of Health and Rehabilitative Services, or his or her designee, shall timely assign a staff person to resolve the dispute.

(d) Grant variances in hardship cases under the conditions prescribed in this section and rules adopted under this section.

(e) Permit the use of a limited number of innovative systems for a specific period of time, when there is compelling evidence that the system will function properly and reliably to meet the requirements of this section and rules adopted under this section.

(f) Issue annual operating permits under this section.

(g) Establish and collect fees as established under s. 381.0066 for services provided with respect to onsite sewage treatment and disposal systems.

(h) Conduct enforcement activities, including imposing fines, issuing citations, suspensions, revocations, injunctions, and emergency orders for violations of this section, part III of chapter 489, or chapter 386 or for a violation of any rule adopted under this section, part III of chapter 489, or chapter 386.

(i) Provide or conduct education and training of department personnel, service providers, and the public regarding onsite sewage treatment and disposal systems.

[Footnote 1] (j) Supervise research on the performance, environmental impact, and public health impact of onsite sewage treatment and disposal systems within this state. Research fees collected under s. 381.0066 must be used to determine whether high-density installation of systems, installations of systems under certain soil and groundwater or surface water conditions, and current methods of system installation are polluting state groundwater or surface waters and to determine alternative specifications and installation methods for improving functioning of the systems.

(k) Approve the installation of individual graywater disposal systems in which blackwater is treated by a central sewerage system.

(l) Regulate septage-stabilization and disposal facilities not regulated by the Department of Environmental Protection.

(m) Permit and inspect portable or temporary toilet services.

(4) PERMITS; INSTALLATION; AND CONDITIONS. A person may not construct, repair, modify, abandon, or operate an onsite sewage treatment and disposal system without first obtaining a permit approved by the Department of Health and Rehabilitative Services. The department may issue permits to carry out this section. A construction permit is valid for 18 months from the issuance date and may be extended by the department for one 90-day period under rules adopted by the department. A repair permit is valid for 90 days from the date of issuance. An operating permit is valid for 1 year from the date of issuance and must be renewed annually. If all information pertaining to the siting, location, and installation conditions or repair of an onsite sewage treatment and disposal system remains the same, a construction or repair permit for the onsite sewage treatment and disposal system may be transferred to another person, if the transferee files, within 60 days after the transfer of ownership, an amended application providing all corrected information and proof of ownership of the property. There is no fee associated with the processing of this supplemental information. A person may not contract to construct, modify, alter, repair, service, abandon, or maintain any portion of an onsite sewage treatment and disposal system without being registered under part III of chapter 489. A property owner who personally performs construction, maintenance, or repairs to a system serving his or her own owner-occupied single-family residence is exempt from registration requirements for performing such construction, maintenance, or repairs on that residence, but is subject to all permitting requirements.

(a) Subdivisions and lots in which each lot has a minimum area of at least one-half acre and either a minimum dimension of 100 feet or a mean of at least 100 feet of the side bordering the street and the distance formed by a line parallel to the side bordering the street drawn between the two most distant points of the remainder of the lot may be developed with a water system regulated under s. 381.0062 and onsite sewage treatment and disposal system, provided the projected daily domestic sewage flow does not exceed an average of 1,500 gallons per acre per day, and provided satisfactory drinking water can be obtained and all distance and setback, soil condition, water table elevation, and other related requirements of this section and rules adopted hereunder can be met.

(b) Subdivisions and lots using a public water system as defined in s. 403.852 may use onsite sewage treatment and disposal systems, provided there are no more than four lots per acre, provided the projected daily domestic sewage flow does not exceed an average of 2,500 gallons per acre per day, and provided that all distance and setback, soil condition, water table elevation, and other related requirements that are generally applicable to the use of onsite sewage treatment and disposal systems are met.

(c) Notwithstanding the provisions of paragraphs (a) and (b), for subdivisions platted of record on or before October 1, 1991, when a developer or other appropriate entity has previously made or makes provisions, including financial assurances or other commitments, acceptable to the Department of Health and Rehabilitative Services, that a central water system will be installed by a regulated public utility based on a density formula, private potable wells may be used with onsite sewage treatment and disposal systems until the agreed upon densities are reached. The department may consider assurances filed with the Department of Business and Professional Regulation under chapter 498 in determining the adequacy of the financial assurance required by this paragraph. In a subdivision regulated by this paragraph, the average daily domestic sewage flow may not exceed 2,500 gallons per acre per day. This section does not affect the validity of existing prior agreements. After October 1, 1991, the exception provided under this paragraph is not available to a developer or other appropriate entity.

(d) Paragraphs (a) and (b) do not apply to any area where a publicly owned or investor-owned sewerage system is available contiguous to the proposed subdivision or within one-fourth mile of the subdivision with accessibility by existing public right-of-way.

(e) Onsite sewage treatment and disposal systems must not be placed closer than: 1. Seventy-five feet from a private potable well. 2. Two hundred feet from a public potable well serving a residential or nonresidential establishment having a total sewage flow of greater than 2,000 gallons per day. 3. One hundred feet from a public potable well serving a residential or nonresidential establishment having a total sewage flow of less than or equal to 2,000 gallons per day. 4. Seventy-five feet from surface waters, as defined in this section. 5. Fifty feet from any nonpotable well.

(f) All provisions of this section and rules adopted hereunder relating to soil condition, water table elevation, distance, and other setback requirements shall be equally applied to all lots. However, if rules in effect at the time of onsite sewage treatment and disposal system construction permit application relating to surface water setbacks and drainfield sizes cannot be met, platted and recorded lots or residential subdivision lots that have been approved by the appropriate permitting agencies on or after January 1, 1972, shall be subject to surface water setbacks and drainfield sizes in effect at the time of approval. In determining the applicability of specific rules with respect to surface water setbacks and drainfield sizes, the department shall allow structures and appurtenances thereto which were authorized at the time such lots were platted and recorded or approved. However, lots platted before 1972 are subject to a 50-foot minimum surface water setback and are not subject to lot size requirements. The projected daily flow for domestic onsite sewage treatment and disposal systems for lots platted before 1972 may not exceed: 1. Two thousand five hundred gallons per acre per day for lots served by public water systems as defined in s. 403.852. 2. One thousand five hundred gallons per acre per day for lots served by water systems regulated under s. 381.0062.

(g) 1. The department may grant variances in hardship cases which may be less restrictive than the provisions specified in this section. If a variance is granted and the onsite sewage treatment and disposal system construction permit has been issued, the variance may be transferred with the system construction permit, if the transferee files, within 60 days after the transfer of ownership, an amended construction permit application providing all corrected information and proof of ownership of the property and if the same variance would have been required for the new owner of the property as was originally granted to the original applicant for the variance. There is no fee associated with the processing of this supplemental information. A variance may not be granted under this section until the department is satisfied that: a. The hardship was not caused intentionally by the action of the applicant; b. No reasonable alternative exists for the treatment of the sewage; and c. The discharge from the onsite sewage treatment and disposal system will not adversely affect the health of the applicant or the public or significantly degrade the groundwater or surface waters. Where soil conditions, water table elevation, and setback provisions are determined by the department to be satisfactory, special consideration must be given to those lots platted before 1972. 2. The department shall appoint a variance review and advisory committee, which shall meet monthly to recommend agency action on variance requests. The board consists of the following: a. The Assistant Health Officer for Environmental Health of the Department of Health and Rehabilitative Services or his or her designee. b. A representative from the county public health units. c. A representative from the home building industry. d. A representative from the septic tank industry. e. A representative from the Department of Environmental Protection. Members shall be appointed for a term of 3 years, with such appointments being staggered so that the terms of no more than two members expire in any one year. Members shall serve without remuneration but may be reimbursed for per diem and travel expenses as provided in s. 112.061.

(h) A construction permit may not be issued for an onsite sewage treatment and disposal system in any area zoned or used for industrial or manufacturing purposes, or its equivalent, where a publicly owned or investor-owned sewage treatment system is available, or where a likelihood exists that the system will receive toxic, hazardous, or industrial waste. An existing onsite sewage treatment and disposal system may be repaired if a publicly owned or investor-owned sewerage system is not available within 500 feet of the building sewer stub-out and if system construction and operation standards can be met. This paragraph does not require publicly owned or investor-owned sewerage treatment systems to accept anything other than domestic wastewater. 1. A building located in an area zoned or used for industrial or manufacturing purposes, or its equivalent, when such building is served by an onsite sewage treatment and disposal system, must not be occupied until the owner or tenant has obtained written approval from the department. The department shall not grant approval when the proposed use of the system is to dispose of toxic, hazardous, or industrial wastewater or toxic or hazardous chemicals. 2. Each person who owns or operates a business or facility in an area zoned or used for industrial or manufacturing purposes, or its equivalent, or who owns or operates a business that has the potential to generate toxic, hazardous, or industrial wastewater or toxic or hazardous chemicals, and uses an onsite sewage treatment and disposal system that is installed on or after July 5, 1989, must obtain an annual system operating permit from the department. A person who owns or operates a business that uses an onsite sewage treatment and disposal system that was installed and approved before July 5, 1989, need not obtain a system operating permit. However, upon change of ownership or tenancy, the new owner or operator must notify the department of the change, and the new owner or operator must obtain an annual system operating permit, regardless of the date that the system was installed or approved. 3. The department shall periodically review and evaluate the continued use of onsite sewage treatment and disposal systems in areas zoned or used for industrial or manufacturing purposes, or its equivalent, and may require the collection and analyses of samples from within and around such systems. If the department finds that toxic or hazardous chemicals or toxic, hazardous, or industrial wastewater have been or are being disposed of through an onsite sewage treatment and disposal system, the department shall initiate enforcement actions against the owner or tenant to ensure adequate cleanup, treatment, and disposal.

(i) With respect to an innovative system, the department may evaluate research and developmental studies, performance and reliability data, protocols for applicability, a disinterested third-party certifier report, or a Florida Registered Professional Engineer report to determine the suitability of the system for use in this state. If the department is not satisfied to a reasonable certainty that the data provide evidence of the effectiveness and reliability of the innovative system or its use, the department may deny a permit or request further studies by a third-party certifier accredited by the American National Standards Institute. The department may permit a limited number of installations of innovative systems for restricted use for a specified performance and evaluation period, not to exceed 5 years, provided the permitholder maintains all monitoring equipment and makes and files all records and reports the department requires to evaluate the effect of the innovative system on public health, groundwater, and surface waters. The department may require a fee from the supplier of the innovative system to cover the department's costs to conduct ongoing field evaluations of a representative number of such innovative systems. In addition, the department shall require a performance bond for a minimum of 5 years to cover the cost of replacing malfunctioning innovative systems. When the department is satisfied that the innovative system functions properly and does not pose a health hazard or cause degradation of groundwater or surface waters, it shall approve the innovative system for general use.

(j) For the Florida Keys, the department shall adopt a special rule for the construction, installation, modification, operation, repair, maintenance, and performance of onsite sewage treatment and disposal systems which considers the unique soil conditions and which considers water table elevations, densities, and setback requirements. On lots where a setback distance of 75 feet from surface waters, saltmarsh, and buttonwood association habitat areas cannot be met, an injection well, approved and permitted by the department, may be used for disposal of effluent from onsite sewage treatment and disposal systems. The department shall require effluent from onsite sewage treatment and disposal systems to meet advanced waste treatment concentrations, as defined in s. 403.086.

(k) Toxic or hazardous chemicals that interfere with or prevent the successful operation of onsite sewage treatment and disposal systems, organic chemical solvents, or petroleum products must not be advertised, sold, or used in the state for the purpose of degreasing or declogging onsite sewage treatment and disposal systems.

[Footnote 1] (l) The department shall appoint a research review and advisory committee, which shall meet at least semiannually. The committee shall advise the department on directions for new research, review and rank proposals for research contracts, and review draft research reports and make comments. The committee is comprised of: 1. A representative of a district Environmental Health Office of the Department of Health and Rehabilitative Services. 2. A representative from the septic tank industry. 3. A representative from the home building industry. 4. A representative from an environmental interest group. 5. A representative from the State University System, from a department knowledgeable about onsite sewage treatment and disposal systems. 6. A professional engineer registered in this state who has work experience in onsite sewage treatment and disposal systems. 7. A representative from the real estate profession. 8. A representative from the restaurant industry. 9. A consumer. Members shall be appointed for a term of 3 years, with the appointments being staggered so that the terms of no more than four members expire in any one year. Members shall serve without remuneration but may be reimbursed for per diem and travel expenses as provided in s. 112.061.

(5) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.

(a) Department personnel who have reason to believe noncompliance exists, may at any reasonable time, enter the premises permitted under ss. 381.0065-381.0066, or the business premises of any septic tank contractor registered under part III of chapter 489, or any premises that the department has reason to believe is being operated or maintained not in compliance, to determine compliance with the provisions of this section or chapter 386 or part III of chapter 489 or rules or standards adopted under ss. 381.0065-381.0067 or chapter 386 or part III of chapter 489. As used in this paragraph, the term "premises" does not include a residence or private building. To gain entry to a residence or private building, the department must obtain permission from the owner or occupant or secure an inspection warrant from a court of competent jurisdiction.