HomeMy WebLinkAboutStandards for sewage treatment & disposal systemsSTATE OF FLORIDA
DEPARTMENT OF HEALTH
CHAPTER 64E-6, FLORIDA ADMINISTRATIVE CODE
STANDARDS FOR ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS
PART I
64E-6.001 GENERAL
(1) The provisions of Part I of this rule shall apply to all areas of the state except where specific provisions found
in Part II which specifically addresses the Florida Keys, or specific provisions found in Part IV which specifically address
performance-based treatment systems, exempt or mollify compliance with Part I or Pan II requirements. Performance-
based treatment systems are intended as an alternative to the systems conforming to the prescriptive standards detailed in
Parts I and II of this rule and shall be used only for a single family residence. Designs for performance-based treatment
systems allow for the use of alternative and innovative methods, materials, processes, and techniques that reduce the total
biological, chemical, hydraulic, organic, nutrient, bacterial and viral discharge to the environment. Where used, the
performance-based treatment systems shall be designed, operated, constructed, mninrainPd and used in conformance with s.
381.0065(4)(i), F.S. Part III addresses the registration of septic tank contractors and certification of partnerships and
corporations. Part V addresses fees for Parts I, II, III, and IV of this rule.
(2) Except for places of employment meeting the provisions of rule 64E-10, F.A.C., buildings used or intended
for human occupancy, employment or service to the public and locations where people coneregate shall connect toilets and
other wastewater generating fixtures to an approved wastewater treatment and disposal.system. Also, property or locations
where people congregate, are employed, or where property is used by the public for temporary and short periods, such as
construction sites, fairs, carnivals, revivals, field locations for agricultural workers, encampments or other use shall be
provided with an approved wastewater treatment and disposal system. Establishments with permanent structures shall not
rely upon systems designed for temporary use as the primary means of wastewater treatment and disposal.
(3) The department shall approve, on a temporary basis, portable toilets, privies, or holding tanks for fairs,
carnivals, revivals, field locations, encampments and other locations which lack permanent structures where people
congregate for short periods of time, provided the construction, maintenance, and utilization of such systems conform to the
general provisions of this Chapter. Portable toilets, holding tanks or other toilet facilities shall be provided at construction
sites for the duration of construction any time workers are present, and shall not be bound by the definition of temporary.
The department shall waive or reduce any of the setback requirements of rule 64E-6.005(1)-(3), where it is determined no
health hazard will result.
(4) Except as provided for in s. 381.00655, FS, any existing and prior approved system which has been placed into
use and which remains in satisfactory operating condition shall remain valid for use under the terms of the rule and permit
under which it was approved. Alterations that change the sewage characteristics or increase sewage flow will require that
the owner, or their authorized representative, apply for and receive reapproval of the system by the DOH county health
department, prior to any alteration of the structure. If an applicant requests that the department consider the previous
structure's or establishment's most recent approved occupancy, the applicant must provide written documentation that the
onsite sewage treatment and disposal system was approved by the department for that previous occupancy. An applicant will
be required to complete form DH 4015 and provide a site plan in accordance with Wile 64E -6.004(3)(a), to provide
information of the site conditions under which the system is currently in use and conditions under which it will be used.
The applicant shall have the septic tank pumped by a permitted septage disposal service to determine tank volume and
structural integrity, and shall submit the results to the DOH county health department as part of the application. If a prior
approved existing system has been inspected by the DOH county health department within the preceding three years, and
the system was determined to be in satisfactory operating condition at that time, a new inspection is not required unless
there is a record of failure of the system. If it is determined that a new inspection is not required, there will be no charge
for this application, but reapproval shall be required. A commercial system out of service for more than one year shall be
inspected by the department and brought into full compliance with current requirements of this Chapter. If the use of a
building is changed or if additions or alterations to a building are [Wade which will increase domestic sewage flow, change
sewage characteristics, or compromise the integrity or function of the system, the onsite sewage treatment and disposal
system serving such building shall be brought into full compliance with the provisions and requirements of these rules.
Proper well setbacks shall be maintained.
(a) For residences, where only one bedroom or no more than 750 square feet of building area is added and where
the structure will not partially cover the system, the system shall be required to be altered to meet the following criteria:
L The septic tank need not be replaced if it is structurally sound and is within two tank sizes of the required size
for the proposed structure.
EFFECTIVE 1VV RCH 3, 1998
2. Where the septic tank has not been replaced and where the tank size is smaller than what is currently required,
and the existing elevation of the bottom surface of the drainfield is maintained at a minimum of six inches above the wet
season high water table, the county health department shall require the existing drainfield to be increased to a maximum of
100% of current Wile drainfield size requirements for the proposed number of bedrooms.
3. Any existing system where the elevation of the bottom surface of the drainfield is below the wet season water
table shall be required to be brought into full compliance with current repair specifications.
4. Any system where the tank needs to be replaced or is replaced as part of a system upgrade shall be brought into
full compliance with new system specifications.
(b) For commercial establishments, the system shall not be required to be altered if domestic sewage flow is not
expected to increase by more than 20% of original design flow or require more than one tank size adjustment. Any
commercial system where the tank needs to be replaced shall be brought into full compliance with new system
specifications.
(c) These requirements do not authorize a residence or establishment to exceed the lot flow allowances authorized
under rule 64E -6.005(7)(c). Any system which is used to treat and dispose of commercial wastewater shall be brought into
full compliance with the provisions and requirements of current rules when any change in sewage flow or characteristics is
made.
(5) Citations issued by the departmem shall be on form DH 3146, 10/97, hereby incorporated by reference
Specific Authority: 381.0011(13), 381.006, 381.0065(3)(a), 489.553(3) and 489.557(1) FS. Law Implemented: 154.01,
381.001(2), 381.0011(4), 381.0012, 381.0025, 381.006(7), 381.0061, 381.0065, 381.0067, Part 1386, 489.553, FS.
History - New 12-22-82, Amended 2-5-85, Formerly 10-6.41, Amended 3-17-92, 1-3-95, 5-14-96, 2-13-97, Formerly
IOD -6.041, Amended 11-19-97, 2-3-98.
64E-6.002 DEFINITIONS
For the purposes of this Chapter, the following words and phrases shall have the meanings indicated:
(1) Absorption surface - the total surface area of soil at the bottom of the drainfield.
(2) Aerobic treatment unit - a sewage treatment unit which introduces air into sewage to provide aerobic
biochemical stabilization within a treatment receptacle.
(3) Alternative system - any approved onsite sewage treatment and disposal system used in lieu of, including
modifications to, a standard subsurface system.
(4) American National Standards Institute, hereafter referred to as ANSI - an organization comprised of trade
associations, technical societies, professional groups, consumer organizations, and individual companies with headquarters
located at 1430 Broadway, New York, New York 10018. This organisation acts as a clearinghouse and coordinating body
for voluntary standards activities in the United States, and approves as American National Standards those standards that
have been
developed according to its principles of openness, due process and consensus. Among its activities is accreditation of third -
party certification programs.
(5) American Society for Testing and Materials hereafter referred to as ASTM - a technical society with
headquarters located at 1916 Race Street, Philadelphia, Pennsylvania, 19103, which develops and publishes national
standards for the testing and quality assurance of construction materials.
(6) Approved - an onsite sewage treatment and disposal system constructed and installed in compliance with the
standards and requirements of this Chapter and which has received final installation approval. "Approved" installation does
not imply that a system will perform satisfactorily for a specific period of time.
(7) Approved maintenance entity - any person or business entity which has been issued a written permit by the
DOH county health department to provide maintenance services associated with approved onsite aerobic treatment units.
(3) Aquifer - a geologic formation, group of formations, or part of a formation that is capable of yielding
potentially usable quantities of potable water from wells or springs.
(9) Available publicly owned or investor-owned sewerage system - as defined by s. 331.0065(2)(a), F.S.
EFFECTIVE iVLARCH 3, 1993
(10) Base flood - the flood having a one percent chance of being equaled or exceeded in any given year.
(11) Bedroom - a mom designed primarily for sleeping or a room which is expected to routinely provide sleeping
accommndations for occupants.
(12) Building Area - that enclosed habitable area of a dwelling unit, excluding the garage, carport, exterior storage .
shed, or open or screened patios or decks. Calculations of building area shall be made by measurements of the outside
building dimensions. Building area of each additional story of the structure shall be added to determine the total building
area.
(13) Commercial Sewage Waste - Non-toxic, non -hazardous wastewater from commercial facilities. Examples of
establishments included in this definition are commercial and institutional food operations, commercial laundry facilities
with no more than 4 machines, and animal holding facilities.
(14) Department - the Department of Health including authorized agents of the individual DOH county health
deparanemts,
(15) Domestic sewage waste - as defined by s. 381.0065(2)(c), F.S. Domestic sewage is further categorized as:
(a) Blackwater - as defined by s. 381.0065(2)(b), F.S.
(b) Graywater - as defined by s. 381.0065(2)(d), F.S.
(c) Domestic septic tank effluent ranges:
1. CBODS, maximum 300 mg/l
2. TSS, maximum 200 mg/I
3. pH, 6 - 8; or within 1 pH unit of the water supply pH
4. Nitrogen (TION maximum 100 mg/l
(16) Drainage Ditch - a trench dug for the purpose of draining water from the land or for transporting water for
use on the land. Swales are excluded from this definition.
(17) Drainfield - a system of open -jointed or perforated piping, approved alternative distribution units, or other
treatment facilities designed to distribute effluent for filtration, oxidation and absorption by the soil within the zone of
aeration.
(18) Dwelling unit - a residence for the housing of a single family whether such residence is a detached structure or
a unit of a multiple family building.
(19) Effective capacity - the liquid volume of a tank contained below the liquid level line.
(20) Effective soil depth - the depth of slightly or moderately limited soil material at an onsite sewage treatment
and disposal system drainfield site.
(21) Establishment - a multi -family housing, apartment, condominium or townhouse complex, a mobile home park '
or recreational vehicle park, a non-residential commercial or institutional development or places of business or assembly.
An establishment includes all buildings or structures, and the land appertaining thereto and shall have an owners association
or other legal entity which is responsible for maintenance and operation of the development's sewage treatment and disposal
facilities.
(22) Failure - a condition existing within an onsite sewage treatment and disposal system which prohibits the
system from functioning in a sanitary manner and which results in the discharge of untreated or partially treated wastewater
onto ground surface, into surface water, into ground water, or which results in the failure of building plumbing to discharge
properly.
(23) Filled System - a drainfield system where a portion, but not all, of the drainfield sidewalls are located at an
elevation above the elevations of undisturbed native soil on the site (see Figure 1).
3
EFFECTIVE LNURCH 3, 19'93
FILLED TRENCH DRAINFIELD SYSTEM
12" NIIN
12"
LUP TO 36a --J
�4"
42"
##################
UNSUITABLE SOILS
UNDISTURBED
NATIVE SOILS
WET SEASON WATER TABLE
FIGURE 1
(24) Flooding - a covering of soil surface by water from any source, such as streams overflowing their banks,
runoff from adjacent or surrounding slopes, elevation of the ground water table exceeding that of the soil surface, or
combinations of these. Terms also associated with flooding and used elsewhere in this Chapter are:
(a) Frequent - flooding which occurs more than once every two years on the average;
(b) Ten year flood elevation - that flood elevation which has a 10 in 100 probability of being equaled or exceeded
in any calendar year.
(25) Florida Keys - as defined by s. 381.0065(2)(e), F.S.
(26) Food Establishment Sludge - oils, fats, greases, food scraps and other grease interceptor contents generated by
a food operation or institutional food preparation facility using an onsite sewage treatment and disposal system.
(27) Industrial, hazardous or toxic sewage waste - wastewater not otherwise defined as domestic sewage waste or
commercial sewage waste. Wastewater carried off by floor drains, utility sinks and equipment drains located in buildings in
industrial or manufacturing areas, estimated volumes of commercial sewage wastes exceeding 5000 gallons per day,
wastewater from commercial laundry facilities with more than 4 self-service machines, and wastewater from car and truck
washes are included in this definition.
(28) Innovative system - as defined by s. 381.0065(2)(8), F.S.
(29) Limitation ratings - Soil classification ratings which describe the relative suitability of soils to properly
assimilate sewage effluent. The three rating categories for the purpose of this rule are:
(a) Slightly limited - soil materials with favorable properties for the use of a drainfield.
(b) Moderately limited - soil materials that have properties moderately favorable for the use of a drainfield.
(c) Severely limited - soil materials which have one or more properties unsuitable for the use of a drainfield.
(30) Lot - as defined by s. 381.0065(2)(h), F.S.
(31) Mean high water - the average height of tidal high waters over a 19 -year period.
(32) Mean high water line - the intersection of the tidal plane of mean high water with the shore.
(33) Mound system - a drainfield constructed at a prescribed elevation in a prepared area of fill material. All
drainfields where any part of the bottom surface of the drainfield is located at or above the elevation of undisturbed native
soil in the drainfield area is a mound system (see Figure 2).
4
EFFECTIVE MARCH 3. 1993
MOUND TRENCH DRAINFIELD SYSTEM
12" NUN.
[12-
UPT03
##################
UNSUITABLE SOILS
24"
UNDISTURBED
NATIVE SOILS
WET SEASON WATER TABLE
FIGURE 2
(34) National Sanitation Foundation International, hereafter referred to as NSF - a not for profit research,
education and service organisation located at 3475 Plymouth Road, Ann Arbor, Michigan, 48106, that develops standards
and criteria for equipment, products and services that bear upon health.
(35) Non -potable water well - a well intended exclusively for irrigation purposes, or for supplying water to a heat
pump system or a well for receiving discharge water from a heat pump system.
(36) "0" Horizon - the layer of organic matter on the surface of a mineral soil. This soil layer consists of decaying
plant residues.
(37) Obstructed Lund - those areas on a lot or property used for such purposes as pools, concrete slabs, buildings,
driveways, parking and similar areas which prohibit, hinder, or affect the installation, operation or maintenance of an onsite
sewage treatment and disposal system.
(38) Onsite sewage treatment and disposal system, also referred to as system - as defined by s. 381.0065(2)(i),
F.S. Appurtenances installed within the building sewer prior to a treatment receptacle shall not be included in this
definition. Systems covered by chapter 403 Florida Statutes are not included in this definition.
(39) Ordinary high water line, Don -tidal - a line determined by examining the bed and banks of a water body and
ascertaining where the presence and action of the water has marked upon the bed a character distinct from that of the banks
with respect to vegetation or the nature of the soil itself.
(40) Potable water line - as defined by s. 381.0065(2)0, F.S.
(41) Potable water well - a source of water used for drinking, culinary or domestic purposes. The following
classifications of potable wells are used in this Chapter.
(a) Private potable well - a well used only by four or less non -rental residences. A single rental residence is
included in this category so that a maximum of three non -rental residences and one rental residence can be supplied by a
single private potable well.
(b) Public drinking water well - a well serving any drinking water system other than a private water system. Public
systems are classified in the following manner:
1. Community public water system - as defined in subsection 403.352(3), FS, such water system serves a year-
round residential population of at least 25 people per day or has a minimum of 15 year-round residential service
connections.
2. Non -community public water system - as defined in subsection 403.852(4), FS, such water system serves a
transient population of at least 25 people per day at least 60 days per year or has a minimum of 15 non-residential service
connections.
5
EFFECTIVE MARCH 3, 1993
3. Non -transient non -community public water system - as defined in subsection 403.852(17), FS, such water
system is not a community water system, but is a system that regularly serves at least 25 of the same people for over 6
months of the year.
4. Limited Use public water system - a public water system not regulated by the Florida Safe Drinking Water Act
or title 62-550, 62-555, or 62-560 of the Florida Administrative Code and further specified as limited use commercial
public water system which provides piped potable water to one or more non-residential establishments and limited use
community public water system which provides piped potable water to five or more private residences or two or more rental
residences.
(42) Regulatory floodway - means the channel of a river or other water course and adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a
designated height.
(43) Repair - replacement of or modifications or additions to a failing system which are necessary to allow the
system to function or must be made to eliminate a public health or pollution hazard. Servicing or replacing with like kind
mechanical or electrical parts of an approved onsite sewage treatment and disposal system; pumping of sepmge from a
system; or making minor structural corrections to a tank, or distribution box, does not constitute a repair. The installation
of a laundry system, a gray water system, a grease interceptor, or additional drainfield, as a precautionary measure to
prolong system functioning, is considered a repair provided that system modification is not associated with an increase in
estimated sewage flow or change in sewage characteristics, in which case it will be considered a new system.
(44) Septage - as defined by s. 381.0065(2)(k), F.S. Excluded from this definition are the contents of portable
toilets, holding tanks, and grease interceptors.
(45) Septic tank - a watertight receptacle constructed to promote separation of solid and liquid components of
wastewater, to provide limited digestion of organic matter, to store solids, and to allow clarified liquid to discharge for
further treatment and disposal into a drainfield.
(46) Standard subsurface drainfield system - an onsite sewage treatment and disposal system drainfield consisting
of a distribution box or header pipe and a drain trench or absorption bed with all portions of the drainfield sidewalls
installed below the elevation of undisturbed native soil (see Figure 3).
STANDARD TRENCH DRAiNFILD SYSTEM
E12
UP TO 36"
F4-
##################
UNSUITABLE SOILS
UNDISTURBED
NATIVE SOIL
WET SEASON WATER TABLE
FIGURE 3
(47) Subdivision - as defined by s. 381.0065(2)(1), F.S.
(48) Surface water - as defined by s. 381.0065(2)(m), F.S.
EFFECTIVE MARCH 3, 1998
(49) Swale - a manmade, vegetatively -stabilized trench which contains contiguous areas of standing or flowing
water for less than 72 hours following a rainfall event. A swale has a top width -to -depth ratio of the cross-section equal to
or greater than 6:1, or side slopes equal to or greater than 3 feet horizontal to 1 foot vertical.
period. (50) Temporary - a single period or an accumulation of periods not exceeding 120 total days in any 365 -day
(51) Toxic or hazardous chemical - as defined by s. 381.0065(2)(n), F.S.
(52) Undisturbed native soil - soil which has been deposited onto a site by the actions of nature and which has not
been disturbed or altered by the activities of man.
(53) Water table elevation - the upper surface of the groundwater or that level below which the soil or underlying
rock material is wholly saturated with water. Water table elevation is measured from the soil surface downward to the upper
level of saturated soil or up to the free water level.
(54) Wettest season - that period of time each year in which the ground water table elevation can normally be
expected to be at its highest elevation.
Specific Authority: 381.0011(4),(13), 381.006, 381.0065(3)(a), FS. Law Implemented: 154.01, 381.001(2),
381.0011(4), 381.006(7), 381.0061, 381.0065, 381.00655, FS. History - New 12-22-82, Amended 2-5-85, Formerly IOD -
6.42, Amended 3-17-92, 1-3-95, Formerly IOD -6.042, Amended 11-19-97.
64E-6.003 PERMITS
(1) System Construction Permit - No portion of an onsite sewage treatment and disposal system shall be installed,
repaired, altered, modified, abandoned or replaced until an "Onsite Sewage Treatment and Disposal System Construction
Permit" has been issued on form DH 4016. If building construction has commenced, the system construction permit shall
be valid for an additional 90 days beyond the eighteen month expiration date. A fee shall not be charged for a repair permit
issued within 12 months from the date of final authorization of the onsite sewage treatment and disposal system. If a
construction or repair permit for an onsite sewage treatment and disposal system is transferred to another person the date of
the construction or repair permit shall not be amended, but shall tan from the date of original issuance prior to the transfer.
Servicing or replacing with like kind mechanical or electrical parts of an approved onsite sewage treatment and disposal
system; pumping of septage from a system; or [Waking minor structural corrections to a tank, or distribution box, does not
constitute a repair. The installation of a laundry system, a gray water system, a grease interceptor, or additional drainfield
as a precautionary measure to prolong system functioning, is considered a repair provided that system modification is not
associated with an increase in estimated sewage flow or change in sewage characteristics, in which case it will be considered
a new system.
(2) System Inspection - Before covering with earth and before placing a system into service, a person installing or
constructing any portion of an onsite sewage treatment and disposal system shall notify the county health department of the
completion of the construction activities and shall have the system inspected by the department for compliance with the
requirements of this Chapter, except as noted in s. 64E-6.003(3) for repair installations.
(a) If the system construction is approved after an inspection by the DOH county health department, the
department shall issue a "Construction Approval" notice to the installer.
(b) If the system installation does not pass the construction inspection on any type of system installation, the
installer shall make all required corrections and notify the DOH county health department of the completion of the work
prior to reinspection of the system. A reinspection fee shall be charged to the installer for each additional inspection leading
up to construction approval.
(c) Final installation approval shall not be granted until the DOH county health department has confirmed that all
requirements of this Chapter, including building construction and lot grading are in compliance with pians and
specifications submitted with the permit application.
1. In addition, if the system was designed by an engineer, who shall be registered in the State of Florida, the DOH
county health department shall require the design engineer or the design engineer's designee, who shall be a registered
engineer, to certify that the installed system complies with the approved design and installation requirements. Single family
residences are excluded from this requirement, however, all changes to the engineering specifications shall be approved by
the design engineer.
2. If additional site visits after the construction approval inspection are necessary to establish the compliance of the
building construction and lot grading, or to establish the compliance with any provision of this Chapter, a reinspection fee
shall be charged to the permit applicant for each inspection of the building and site leading to the final installation approval.
EFFECTIVE MARCH 3. 1998
(d) A building or structure shall not be occupied, nor shall any county, municipal, state, or federal agency
authorize occupancy until an onsite sewage treatment and disposal system has been installed and approved for use by the
DOH county health department and a final installation approval notification has been issued. "Approved" installation does
not imply that a system will perform satisfactorily for a specific period of time.
(e) Systems which are required to have an anmtal operating permit and the structures which they serve shall be
inspected by the department at least once during the term of the permit to determine compliance with the terms of the
operating permit.
- -- ---- --� •- —
with pile 64E -6.003C21 and the foitowin�: x-:
(a% A master Septic tank comractnr may, at their option, cover a system repair when the following conditions are
met:
1. Tlie master septic Sink cnntmetor has requested to inspection from the dI I—eoarment duri•t the no mal dutv d
a v
bnun and in conjunction with the
charged. Contractors sb_ill cancel or reschedide inspections not later than two hours prior to the scheduled time In such
rases- no reinspection fee Shall be charged
3. The otaster septic tank contractor is physically on site and wnducts the inspeuien.
(b)master tnaiter septic tank contractor shall document the inspection on form DH ILL 10!96 :System Repair
Certification. incl Pax or band deliver the form to the department by the next normal duty day followin- the inspection
Ce) A master septic tank contractor Shall not cover a system repair when the department has Performed an
ius=flon and has notified die contractor of violations Any System that has been inspected by the department and found to
in. alon.
(4) Voiding a permit - After an onsite sewage treatment and disposal system has received final installation approval
from the department, if the building is modified in such a way that a larger system would be required, if any portion of the
required drainfield unobstructed area is covered by impervious material, if the property is subdivided into a smaller lot or
lots whereby the permitted system would not have been originally approved, if a well is installed on the property which
violates the setbacks to the approved system, or if the system is improperly modified or damaged, the department shall
undertake administrative action to revoke the permit. The department shall prohibit the further or contimted use of a system
when the permit has become void by injunction or other procedure authorized by law.
(5) Operating permits - No business shall occupy a building served by an onsite sewage treatment and disposal
system if the building is located in an area zoned or used for industrial or manufacturing purposes or its equivalent; where a
business will generate commercial sewage waste; or where an aerobic treatment unit is used, until an "Application for
Onsite Sewage Treatment and Disposal System Operating Permit" has been received and approved by the department. Form
DH 4081, "Application for Onsite Sewage Treatment and Disposal System Operating Permit," is hereby incorporated by
reference.
(a) Property owners or their authorized agents are required to obtain an annual operating permit. The permit shall
designate the person or entity responsible for the operation and maintenance of the system; the type of activity proposed on
the site; persons or businesses which will use the system; equipment and types and quantities of chemical compounds which
will be used by the building occupants which are likely to be discharged into the onsite sewage treatment and disposal
system. At a minimum, the owner or person responsible for maintenance of the system shall test, or cause to be tested, the
onsite sewage treatment and disposal system effluent in a qualitative and quantitative manner for any chemical compounds
associated with the particular industrial or manufacturing operations conducted in that establishment, as directed by the
county health department. The frequency of testing shall be specified on the annual operating permit.
(b) Operating permits are not transferable. if the owner of the system remains the same but the tenancy of the
building changes, a survey form which is an attachment to form DH 4081 must be completed and submitted to the DOH
county health department in order to amend the operating permit. No new building occupant shall be approved by a county,
EFFECTIVE MARCH 3, 1993
municipal or state governmental entity until the DOH county health department has reviewed the survey form, approved the
change of tenancy, and amended the operating permit.
(c) Persons using aerobic treatment systems meeting the standards set forth in Wile 64E-6.012 installed on or after
July 1, 1991, shall obtain an annual operating permit from the DOH county health department for the aerobic treatment
unit. The fee collected for this permit as set forth in rule 64E-6.024(I)(m) shall be used by the department to perform
periodic monitoring and effluent sampling of the unit. Persons operating an aerobic treatment unit shall permit department
personnel right of entry to the property during normal working hours to allow for effluent sampling or evaluating the
general state of repair or function of the system. Persons required to obtain an annual operating permit for an onsite sewage
treatment and disposal system in an industrial or manufacturing zone or its equivalent, shall not also be required to obtain
an annual operating permit for an aerobic treatment unit at that site.
Specific Authority: 154.06, 381.0011, 381.006, 381.0065, 489.553 and 489.557 FS. Law Implemented: 154.01,
381.001, 381.0011, 381.0012, 381.0025, 381.006, 381.0061, 381.0065, 381.00655, 381.0066, 381.0067, Part 1386, FS.
History - New 12-22-82, Amended 2-5-85, Formerly 10D-6.43, Amended 3-17-92, 1-3-95, 5-14-96, 2-13-97, Formerly
10D-6.043.
64E-6.004 APPLICATION FOR SYSTEM CONSTRUCTION PERMIT
(1) No person shall cause or allow construction of a system without first applying for and obtaining a construction
permit. Form DH 4015 shall be used for recording permit application information.
(2) An application shall be completed in full, signed by the owner or the owner's authorized representative, or a
contractor licensed in accordance with Chapter 489, Florida Statutes, and shall be accompanied by all required exhibits and
fees. If the owner of a property uses an authorized representative to obtain a new system construction permit, a signed
statement from the owner of the property assigning authority for the representative to act on the owner's behalf shall
accompany the application. This statement shall include specific information allowing the representative to act on the
owner's behalf in all aspects of an application for an onsite sewage treatment and disposal system.
(3) The suitability of a lot, property, subdivision or building for the use of an onsite sewage treatment and disposal
system shall be determined from an evaluation of lot size, anticipated sewage flow into the proposed system, the anticipated
sewage waste strength, soil and water table conditions, soil drainage and site topography and other related criteria.
Necessary site investigations and tests shall be performed at the expense of the owner by either an engineer with soils
training who is registered in the State of Florida pursuant to Chapter 471, Florida Statutes, by department personnel,
registered septic tank contractors, master septic tank contractors, and persons certified under s. 381.0101, F.S. Registered
septic tank contractors shall perform site evaluations for system repairs only. When determining that the necessary site
investigations and tests be performed by, or under the responsible supervision, direction and control of an engineer
registered in the State of Florida, the county health department must consider the criteria listed in rule 64E-6.004(4).
Results of site investigations shall be entered on, or attached to, the construction permit application form for consideration
by the county health department. The application shall also include the following data:
(a) A plan or plat of the lot or total site ownership drawn to scale showing boundaries with dimensions, locations
of any existing or proposed residences or buildings, swimming pools, recorded easements, the onsite sewage treatment and
disposal system components and their location on the property, the slope of the property and any existing or proposed
wells, potable and non -potable water lines, including valves, drainage features, filled areas, obstructed areas, and surface
waters such as lakes, ponds, streams or canals. The site plan shall be for the property where the system is to be installed. If
the county health department is responsible for performing the site evaluation, the applicant or applicant's authorized
representative shall indicate the approximate location of wells, onsite sewage treatment and disposal systems, surface waters
and other pertinent facilities or features on contiguous or adjacent property. If the features are within 75 feet of the
applicant lot, the estimated distance to the feature must be shown but need not be drawn to scale. If the county health
department will not be performing the site evaluation, the applicant or authorized agent shall be responsible for the
measurements to all features, including the pertinent features within 75 feet of the applicant lot. The location of any public
drinking water well, as defined in rule 64E -6.002(41)(b), within 200 feet of the applicant's lot shall also be shown, with the
distance indicated from the system to the well. If an individual lot is five acres or greater, the applicant may draw a
minimum one acre parcel to scale showing all required features, or the minimum size drawing necessary to properly exhibit
all required features, whichever is larger. The applicant must also show the location of that one acre or larger parcel inside
the toml site ownership. All information that is necessary to determine the total sewage flow and proper setbacks on the site
ownership shall be submitted with the application. The applicant lot shall be clearly identified. A copy of the legal
description or survey must accompany the application for confirmation of property dimensions only.
(b) For residences, a floor plan drawn to scale or showing the total building area of the structure, at the applicants'
option, and showing the number of bedrooms and the building area of each dwelling unit. Non-residential establishments
shall submit a floor plan drawn to scale showing the square footage of the establishment, all plumbing drains and fixture
9
EFFECTIVE -MARCH 3, 1998
types, and any other features necessary to determine the composition and quantity of wastewater to be generated. Plumbing
fixtures located at a non-residential establishment shall be included on the floor plan, but need not be drawn to scale.
(c) At least two soil profile descriptions within the proposed system soil absorption area to a minimum depth of six
feet or to refusal, for which the minimum information provided is the upper and lower horizon boundaries, Munsell color
of the horizon and its components and USDA soil texture; using USDA Soil Classification methodology as described in
chapter 3 of the Soil Survey Manual, United States Department of Agriculture, Handbook No. 18, October 1993, herein
incorporated by reference. At a **minim a soil profile shall be provided at the beginning and end of the proposed
drainfield site. Where the replacement of severely limited soil is proposed, soil profiles shall be performed to a minimum
depth of 6 feet or to the depth of the slightly or moderately limited soil layer lying below the replaced layer, whichever is
greater.
(d) Water table elevations which exist at the time of the site evaluation and estimated water table elevation during
the wettest season of the year. Water table elevations shall be established from a benchmark or other fixed point of
reference located on the property or within reasonable proximity to it. The existing property elevation at the site of each
soil profile must also be recorded relative to the benchmark or fixed point of reference.
(e) Subdivisions platted and recorded or unrecorded prior to January 1, 1972, will be considered on the basis of an
evaluation of soil characteristics, water table elevations, history of flooding and records of service of existing installations
in the same general area.
(t) An applicant for a holding tank installation permit shall provide to the DOH county health department a copy of
a contract with a permitted disposal company which states the scheduled tank pumping frequency.
(4) The DOH county health department may require for review and approval, the submission of detailed system
construction plans prepared by an engineer who is registered in the State of Florida. In determining whether the derailed
system construction plans may be required, the department will consider the size of the system, the amount and type of
sewage generated by the establishment, the degree of deviation from a standard subsurface drainfield system, any alternative
system treatment requirements, and any unusual or varying soil conditions. For establishments with proposed domestic
sewage flow rates more than 2500 gallons per day, or commercial sewage flow rates more than 1000 gallons per day, the
DOH county health department shall require for review and approval, the submission of detailed system construction plans
prepared by an engineer who is registered in the State of Florida. All plans and forms submitted by a registered engineer
shall be dated, signed and sealed. Except as provided for in rule 64E-6.003(2), the DOH county health department shall
require the design engineer to certify that the installed system complies with the approved design and installation
requirements.
(5) The applicant shall be the permit holder and shall be held responsible for all information supplied to the
department. The signed application, site evaluation, and system design plans when required, serve as the basis by which the
department determines the issuance of a construction permit. In the event of a change in any information given in the
application which served as basis for issuing a construction permit, the permit holder will immediately file an amended
application detailing such changed conditions. If the new conditions are determined to be in compliance with the standards
in this Chapter, the construction permit shall be amended. If the new conditions are determined to be in non-compliance
with the standards of this Chapter, the permit shall be revoked subject to the provisions of Chapter 120, FS. A system
construction permit application shall be valid for one year. If a permit has not been issued to the applicant within one year
from the date of application, then the department shall review the construction permit application for accuracy at no charge
prior to issuance of a permit. The applicant shall supply a statement that the information contained in the application has not
changed, or shall amend the application. If a site visit is necessary as part of the review, then a re-evaluation fee shall be
charged. If the rules tinder which the application was accepted have changed, and an onsite sewage treatment and disposal
system construction permit has not been issued, a new permit application shall be required.
(6) Requests for variance shall be made on form DH 4057.
(7) Where a property owner proposes to build or has built multiple residences or multiple businesses on a single
lot, and the entire area of the lot is required to accommodate the designed sewage flow from the multiple residences or
multiple businesses to the onsite sewage treatment and disposal system, the property owner must submit, prior to issuance
of a construction permit, a written utility easement which has been executed and recorded in the public property records at
the county courthouse. The utility easement must bind the property together so that the original lot size is retained for
purposes of compliance with all the requirements of rule 64E-6, and must include provisions for maintaining the onsite
sewage treatment and disposal system. For example, a duplex built on a single lot with a single onsite sewage treatment and
disposal system serving both halves of the duplex must have a written utility easement executed and recorded in the public
property records before an onsite sewage treatment and disposal system construction permit is issued. In order to obtain a
repair permit, the property owner must submit a copy of the recorded utility easement demonstrating the retention of the
original lot size for purposes of the onsite sewage treatment and disposal system and a method for maintaining the system.
For example, each half of a duplex built on a single lot with a single onsite sewage treatment and disposal system serving
both halves of the duplex is sold to separate persons. If, when the onsite sewage treatment disposal system fails, and a
10
EFFECTIVE MARCH 3, 1998
written utility easement was not executed and recorded in the public property records before the sales, it must be done
before an onsite sewage treatment and disposal system repair permit is issued.
(a) Where a property owner proposes to build or has built a single residence or a single business or multiple
residences or businesses on multiple lots, and the residence's or business's authorized sewage flow requires the use of
multiple lots, or parts thereof, for the onsite sewage treatment and disposal system, the property owner must submit, prior
to issuance of a permit, a written utility easement executed and recorded in the public property records at the county
courthouse. The utility easement must bind the required property together so that the original lots and their collective size,
or part thereof, is retained for purposes of the onsite sewage treatment and disposal system, and must include provisions for
�.n— ra.. the onsite sewage treatment and disposal system. For example, a residence or business built on three lots with a
sewage flow which is large enough to require the land from all three lots must have a written utility easement executed and
recorded in the public property records before an onsite sewage treatment and disposal system construction permit may be
issued. In order to obtain a repair permit, the property owner must submit a copy of the recorded utility easement
demonstrating the retention of the original lots and their collective size for purposes of the onsite sewage treatment and
disposal system and a method for maintaining the system.
(b) Where a property owner, through inadvertent error or mistake, has built multiple residences or multiple
businesses on a series of lots and each residence or business has its own onsite sewage treatment and disposal system or the
sewage flow from the residence or business exceeds the allowable limits established for the area of land upon which the
residence or business is located, the property owner must execute and record in the public property records, a written utility
easement, for the remaining undeveloped lots in the subdivision, which informs the public of the amount of sewage flow
which will be generated or the number of onsite sewage treatment and disposal systems which will be installed in that
subdivision. It must also state that when the maximim amount of sewage flow or maximum number of onsite sewage
treatment and disposal systems has been reached for the subdivision, no further development can occur until sewer is
available.
(8) Innovative Systems or new product approval for onsite sewage treatment and disposal systems shall be initiated
by submittal of an application for permit using form DH 3143, Jan 94, hereby incorporated by reference. DOH county
health departments are authorized to issue installation permits upon receipt of the temporary permit. Form DH 3144, Jan
94, and form DH 3145, Jan 94, hereby incorporated by reference, shall be used to record information that describes
notification requirements between the temporary permit applicant, the DOH county health department, and the State Health
Office. These forms are to be processed by the DOH county health departments.
Specific Authority: 381.0011(4),(13), 381.006, 381.0065(3)(x), 489.553 FS. Law Implemented: 154.01, 381.001(2),
381.0011(4), 381.0012, 381.0025, 381.006(7), 381.0061, 381.0065, 381.00655, 381.0067, Part 1386, 489.553, FS.
History: New 12-22-82, Amended 2-5-85, Formerly 1OD-6.44, Amended 3-17-92, 1-3-95, 5-14-96, 2-13-97, Formerly
1OD-6.044, Amended 11-19-97.
64E-6.005 LOCATION AND INSTALLATION
All systems shall be located and installed so that with proper maintenance the systems function in a sanitary
manner, do not create sanitary nuisances or health hazards and do not endanger the safety of any domestic water supply,
groundwater or surface water. Sewage waste and effluent from onsite sewage treatment and disposal systems shall not be
discharged onto the ground surface or directly or indirectly discharged into ditches, drainage structures, gmundwaters,
surface waters, or aquifers. To prevent such discharge or health hazards:
(1) Systems and septage stabilization facilities established after the effective date of the rule shall be placed no
closer than the minimum distances indicated for the following:
(a) Seventy-five feet from a private potable well as defined in rule 64E -6.002(41)(a).
(b) One -hundred feet from a public drinking water well as defined in rule 64E -6.002(41)(b) if such a well serves a
facility with an estimated sewage flow of 2000 gallons or less per day.
(c) Two -hundred feet from a public drinking water well as defined in rule 64E -6.002(41)(b) if such a well serves a
facility with an estimated sewage flow of more than 2000 gallons per day.
(d) Fifty feet from a run -potable water well as defined in rule 64E-6.002(35).
(e) Ten feet from any storm sewer pipe, to the maximum extent possible, but in no instance shall the setback be
less than 5 feet.
(f) Fifteen feet from the design high-water line of retention areas, detention areas, or swales designed to contain
standing or flowing water for less than 72 hours after a rainfall or the design high-water level of normally dry drainage
ditches or normally dry individual -lot stormwater retention areas.
(2) Systems shall not be located under buildings or within 5 feet of building foundations, including pilings for
elevated structures, or within 5 feet of mobile home walls, swimming pool walls, or within 5 feet of property lines except
11
EFFECTIVE MARCH 3, 1998
where property lines abut utility easements which do not contain underground utilities, or where recorded easements are
specifically Provided for the installation of systems for service to more than one lot or property owner.
(a) Sidewalks, decks and patios shall not be subject to the 5 foot setback, however, drainfields shall not be installed
beneath such structures. Any tank located beneath a driveway shall have traffic lids as specified in
rule 64E -6.013(1)(c). Concrete structures which are intended to be placed over a septic tank shall have a barrier of soil or
plastic material placed between the structure and the tank so as to preclude adhesion of the structure to the tank.
(b) Systems shall not be located within 10 feet of potable water lines unless such lines are sealed with a water proof
sealam within a sleeve of similar material pipe to a distance of at least 10 feet from the nearest portion of the drainfield. In
no case shall the sleeved water line be located within 24 inches of the onsite sewage treatment and disposal system. The
sleeved water line shall not be located at an elevation lower than the drainfield absorption surface. Non -potable water lines
shall not be located within 24 inches of the system without backflow preventers or check valves being installed on the water
line so as to preclude contamination of the water system.
(c) Systems shall be setback a minimum of 15 feet from groundwater interceptor drains.
(3) Except for the provisions of s. 381.0065(4)(f)1. and 2., F.S., systems and septage stabilization facilities shall
not be located laterally within 75 feet of the mean high water line of tidal water bodies or within 75 feet of the ordinary
high water line of lakes, streams, canals, normally wet drainage ditches, retention areas designed to contain standing or
flowing water for 72 hours or more following a rainfall, marshes, or other non -tidal surface waters. This requirement does
not apply to swales which are designed to not contain water 72 hours after a rainfall event. Systems and septage
stabilization facilities shall be located a minimum of 15 feet from the design high water line of a retention or detention area
designed to contain standing or flowing water for less than 72 hours after a rainfall, or the design high water level of
normally dry drainage ditches or normally dry individual lot storm water retention areas.
(4) Suitable, unobstructed land shall be available for the installation and proper functioning of the system. At least
75 percent of the unobstructed area must meet minimum setback requirements of subsections (1) and (3) above to allow for
drainfield repair or system expansion. The minimum unobstructed area shall:
(a) Be at least 2 times as large as the drainfield absorption area required by rule 64E-6.008(5). For example, if a
200 square feet drainfield is required, the total unobstructed area required, inclusive of the 200 square feet drainfield area,
would be 400 square feet. Unobstructed soil area between drain trenches shall be included in the unobstructed area
calculation.
(b) Be contiguous to the drainfield.
(c) Be in addition to the setbacks required in subsection (2) above.
(5) Onsite sewage treatment and disposal systems if installed in fill material, the fill shall be required to settle for a
period of at least 6 months, or has been compacted to a density comparable to the surrounding natural soil. The fill material
shall be of a suitable, slightly limited soil material.
(6) To prevent soil smear and excessive soil compaction, drainfields shall not be installed in soils with textures
finer than sand, loamy sand, or sandy loam when the soil moisture content is above the point at which the soil changes from
semi-solid to plastic.
(7) Onsite sewage treatment and disposal systems shall be installed where a sewerage system is not available and
when conditions in ss. 381.0065(4)(a) -(f), F.S., are met. Onsite graywater tank and drainfield systems may, at the
homeowners' discretion, be utilized provided blackwater is disposed into a sanitary sewerage system when such sewerage
system is available. Gmywater systems may, at the homeowners' discretion, be utilized in conjunction with an onsite
blackwater system where a sewerage system is not available for blackwater disposal.
(a) The minimum area of each lot under s. 381.0065(4)(a), F.S., shall consist of at least 1/2 acre (21,780 square
feet) exclusive of all paved areas and prepared road beds within public rights-of-way or easements and exclusive of streams,
lakes, normally wet drainage ditches, marshes or other such bodies of surface water.
(b) The determination of lot densities under s. 381.0065(4)(6), F.S., shall be made on the basis of the net acreage
of the subdivision which shall exclude from the gross acreage all paved areas and prepared road beds within public or
private rights-of-way or easements and shall also exclude streams, lakes, normally wet drainage ditches, marshes or other
such bodies of surface water.
(c) Maximum daily sewage flow allowances specified in s. 381.0065(4)(a),(b), and (f), F.S., shall be calculated on
an individual lot by lot basis. The acreage or fraction of an acre of each lot or parcel of land shall be determined and this
value shall be multiplied by 2500 gallons per acre per day if a public drinking water well serving a public system as defined
in 64E -6.002(41)(b)1., 2., or 3. is utilized, or be multiplied by 1500 gallons per acre per day if a public drinking water
well serving a public water system as defined in rule 64E -6.002(41)(b)4., or a private potable well is utilized. Contiguous
unpaved and noucompacted road rights-of-way, and easements with no subsurface obstructions that would affect the
operation of drainfield systems, shall be included in total lot size calculations. Where an unobstructed easement is
contiguous to two or more lots, each lot shall receive its pro rata share of the area contained in the easement. Streams,
12
EFFECTIVE MARCH 3, 1998
lakes, normally wet drainage ditches, marshes and other such bodies of surface water shall not be included in total lot size
calculations. Rule 64E-6.008(1), Table I, shall be used for determining estimated average daily sewage flows.
F. S. (d) Platted residential lots shall be subject to the requirements set forth in subsections 381.0065(4)(01. and 2.,
(8) Notwithstanding the requirements of this section, where an effluent transmission line consists of schedule 40
PVC or consists of schedule 20 PVC enclosed in a sleeve of schedule 40 PVC, the transmission line shall be set back from
private potable wells, irrigation wells, or surface water by the maximum distance attainable but not less than 25 feet when
installed.
(9) Onsite sewage treatment and disposal systems for estimated establishment domestic sewage flows exceeding
5000 gallons per day but not exceeding 10,000 gallons per day shall be located and installed under the followint<
conditions.
(a) The average estimated daily sewage flow from the esrablishmem shall be divided by the net land area associated
with the establishment. The resulting number shall not exceed 2500 gallons per acre per day for establishments which use a
water supply as defined in 64E -6.002(40)(b) 1, 2 and 3.
(b) No more than 5000 gallons of wastewater shall be discharged into any single onsite sewage treatment and
disposal system serving the establishment.
Specific Authority: 381.0011(13), 381.006, 381.0065(3)(a), 489.553, 489.557(1) FS. Law Implemented: 154.01,
381.001(2), 381.0011(4), 381.0012, 381.00-5, 381.006(7), 381.0061, 381.0065, 381.0067, Part 1386, 489.553 FS.
History - New 12-22-82, Amended 2-5-85, Formerly IOD -6.46, Amended 3-17-92, 1-3-95, Formerly IOD -6.046,
Amended 11-19-97, 2-3-98.
64E-6.006 SITE EVALUATION CRITERIA
Onsite sewage treatment and disposal systems may be utilized where lot sizes are in compliance with requirements
of rule 64E-6.005(7) and all of the following criteria are met:
(1) The effective soil depth throughout the drainfield installation site extends 42 inches or more below the bottom
surface of the drainfield. Paragraphs (a), (b) and (c) list soil texture classes with their respective limitation ratings.
(a) Coarse sand not associated with an estimated wet season high water table within 48 inches below the absorption
surface, sand, fine sand, loamy coarse sand, coarse sandy loam, loamy sand, and sandy loam are considered to be slightly
limited soil materials.
(b) Very fine sand, loamy fine sand, loamy very fine sand, silt loam, silt, loam, fine sandy loam, very fine sandy
loam, sandy clay loam, clay loam, silty clay loam, sandy clay and silty clay soil are considered to be moderately limited
soil materials and are subject to evaluation with other influencing factors and local conditions.
(c) Clay, bedrock, oolitic limestone, fractured rock, hardpan, organic soil, gravel and coarse sand, when coarse
sand is associated with an estimated wet season high water table within 48 inches of the absorption surface are severely
limited soil materials. If severely limited soil material can be replaced with slightly limited soil material, see Footnotes 3
and 4 of Table III for minimum requirements.
(2) The water table elevation at the wettest season of the year is at least 24 inches below the bottom surface of the
drainfield. In addition, systems shall not be located where the undrained naturally occurring wet season water table
elevation in the area of the proposed system installation is determined to be at or above the elevation of the existing ground
surface. However, when sufficient slightly limited fill material is permitted to be placed on the property to construct a
properly designed onsite sewage treatment and disposal system, the department shall authorize construction based on the
final lot elevation. This provision does not authorize a property owner to fill or modify the site without first obtaining
necessary permits for site preparation work from other agencies of government having jurisdiction. The following
information shall be used in determining the wet season water table elevation:
(a) U.S. Department of Agriculture Soil Conservation Service soils maps and soil interpretation records.
(b) Evaluation of soil color and the presence or absence of mottling.
(c) Evaluation of impermeable or semi -permeable soil layers.
(d) Evaluation of onsite vegetation.
(e) An onsite evaluation of the property which has used the above referenced sources of information and which has
considered the season of the year when the evaluation was performed, historic weather patterns, and recent rainfall events.
(3) Setbacks in rule 64E-6.005(1), (2), (3) and (4) are met.
13
EFFECTIVE MARCH 3, 1998
(4) The site of the installation and the additional required unobstructed land referred to in rule 64E-6.005(4) shall
not be covered with asphalt or concrete, or be subject to vehicular traffic or other activity as defined in 64E-6.002(37)
which would adversely affect the soil, or the operation of the system.
(5) The site of the installation and the additional required unobstructed land referred to in Wile 64E-6.005(4) is not
subject to saturation from sources such as artificial drainage of ground surfaces, driveways, roads or roof drains.
(6) The existing lot elevation at the site of the proposed system installation and any contiguous land referred to in
rule 64E-6.005(4), shall not be subject to frequent flooding. Except for areas affected by rule 64E-6.0061(2), fill material,
if permitted, shall be placed in the area for the system and contiguous unobstructed area to raise the lot elevation above the
year flood.
Specific Authority: 154.06, 381.0011, 381.006, 381.0065, 489.553 and 489.557 FS. Law Implemented: 154.01,
381.001, 381.0011, 381.0012, 381.0025, 381.006, 381.0061, 381.0065, 381.00655, 381.0066, 381.0067, Part 1386, FS.
History - New 12-22-82, Amended 2-5-85, Formerly IOD -6.47, Amended 3-17-92, 4-16-92, 1-3-95, Formerly IOD -6.047.
64E-6.007 LOCATION OF SYSTEMS IN FLOODWAYS
(1) The absorption surface of the drainfield shall not be subject to flooding based on 10 -year flood elevations.
Provided however, for lots or parcels created by the subdivision of land in accordance with applicable local government
regulations prior to January 17, 1990, if an applicant cannot construct a drainfield system with the absorption surface of the
drainfield at an elevation equal to or above the 10 -year flood elevation, the department shall issue a permit for an onsite
sewage treatment and disposal system within the 10 -year floodplain of rivers, streams, and other bodies of flowing water if
all of the following criteria are met:
(a) the lot is at least one-half acre in size;
(b) the bottom of the drainfield is at least 36 inches above the two year flood elevation; and
(c) the applicant installs either:
1. a waterless, incinerating or organic waste composting toilet in compliance with 64E-6.009(1) and a graywater
system and drainfield in compliance with rule 64E-6.008(3);
2. an aerobic treatment unit and drainfield in compliance with rule 64E-6.012;
3. a system approved by the State Health Office which is capable of reducing effluent nitrate by at least 50 percent;
or
4. a system approved by the DOH county health department pursuant to rule 64E-6.009(5) other than alternating
drainfields. USDA Soil Conservation Service soil maps, State of Florida Water Management District data, and Federal
Emergency Management Agency Flood Insurance maps are resources that shall be used to identify flood prone areas.
(2) The use of fill or mounding to elevate a drainfield system out of the 10 -year floodplain of rivers, streams, or
other bodies of flowing water shall not be permitted if such a system lies within a regulatory floodway. In cases where the
10 -year flood elevation does not coincide with the boundaries of the regulatory floodway, the regulatory floodway will be
considered for the purposes of this rule to extend at a minimum to the 10 -year flood elevation.
Specific Authority: 154.06, 381.0011, 381.006, 381.0065, 489.553 and 489.557 FS. Law Implemented: 154.01,
381.001, 381.0011, 381.0012, 381.0025, 381.006, 381.0061, 381.0065, 381.00655, 381.0066, 381.0067, Part 1386, FS.
History - New 4-16-92, Amended 1-3-95. Formerly IOD -6.0471.
64E-6.008 SYSTEM SIZE DETERMINATIONS
(1) Minimum design flows for systems serving any structure, building or group of buildings shall be based on the
estimated daily sewage flow as determined from Table I or the following:
(a) The DOH county health department shall accept, for other than residences and food operations, metered water
use data in lieu of the estimated sewage flows set forth in Table I. For metered flow consideration, the applicant shall
provide authenticated monthly water use data documenting water consumption for the most recent 12 month period for at
least six similar establishments. Similar establishments are those like size operations engaged in the same type of business
or service, which are located in the same type of geographic environment, and which have approximately the same
operating hours. Metered flow values will not be considered to be a reliable indicator of typical water use where one or
more of the establishments utilized in the sample has exceeded the monthly flow average for all six establishments by more
than 25 percent or where the different establishments demonstrate wide variations in monthly flow totals. When metered
flow data is accepted in lieu of estimated flows found in Table 1, the highest flow which occurred in any month for any of
14
EFFECTIVE MARCH 3, 1993
the six similar establishments shall be used for system sizing purposes. Except for food operations which exceed domestic
sewage waste quality parameters as defined in s. 64E-6.002(15), where an existing establishment which has been in
continuous operation for the previous 24 months seeks to utilize its own metered flows, the applicant shall provide
authenticated monthly water use data documenting water consumption for the most recent 24 month period. The highest
monthly metered flow value for an existing establishment shall be used for system siting purposes.
(b) When onsite systems use multiple strategies to reduce the total estimated sewage flow or the drainfield size,
only one reduction method shall be credited.
TABLE I
For System Design
ESTm u nb SEWAGE FLOWS
TYPE OF ESTABLISHMENT
GALLONS PER DAY
COMMERCIAL:
Airports, bus terminals, train stations, port & dock facilities,
Bathroom waste only
(a) per passenger...........................................................................................................4
(b) add per employee per 8 hour shift.................................................................................15
Barber & beauty shops per service chair.......................................................................................75
Bowling alley bathroom waste
onlyper lane...............................................................................................................50
Country club
(a) per resident ............................................................................:.............................100
(b) add per member or patron..........................................................................................
25
(c) add per employee per 8 hour shift.................................................................................15
Doctor and Dentist offices
(a) per practitioner......................................................................................................
250
(b) add per employee per 8 hour shift.................................................................................15
Factories, exclusive of industrial wastes
gallons per employee per 8 hour shift
(a) No showers provided................................................................................................15
(b) Showers provided....................................................................................................25
Flea Market open 3 or less days per week
(a) per non-food service vendor space.................................................................................15
(b) add per food service establishment
using single service articles only per
100 square feet of floor space......................................................................................50
(c) per limited food service establishment............................................................................25
(d) for flea markets open more than
3 days per week, estimated flows
shall be doubled
Food operations
(a) Restaurant operating 16 hours or less
perday per seat.......................................................................................................40
(b) Restaurant operating more than 16 hours
perday per seat.......................................................................................................60
(c) Restaurant using single service articles only
and operating 16 hours or less per day
perseat.................................................................................................................20
(d) Restaurant using single service articles only
and operating more than 16 hours per day
perseat.................................................................................................................35
(e) Bar and cocktail lounge per seat...................................................................................20
add per pool table or video game..................................................................................15
(f) Drive-in restaumnt per car space...................................................................................50
(g) Carry out only, including caterers
1. per 100 square feet of floor space..............................................................................50
2. add per employee per 8 hour shift..............................................................................IS
15
EFFECTIVE MARCH 3, 1993
(h) Institutions per meal..................................................................................................5
(i) Food Outlets excluding deli's,
bakery, or meat depanmem
per 100 square feet of floor space.................................................................................
10
1. add for deli per 100 square feet of deli
floorspace............................................................................................................
40
2. add for bakery per 100 square feet of bakery
floorspace............................................................................................................
40
3. add for meat department per
100 square feet of meat
departmentfloor space..............................................................................................
75
4. add per water closet.............................................................................................
200
Hotels & Motels
(a) Regular per room...................................................................................................100
(b) Reson hotels, camps, cottages
permom.............................................................................................................200
(c). Add for establishments with self service
laundry facilities per machine....................................................................................
750
Mobile Home Park
(a) per single wide mobile home
space, less than 4 single wide
spaces connected to a shared
onsitesystem........................................................................................................
250
(b) per single wide mobile home
space, 4 or more single
wide spaces are connected to a
sharedonsite system...............................................................................................
225
(c) per double wide mobile home space,
less than 4 double wide mobile
home spaces connected to a
sharedonsite system...............................................................................................
300
(d) per double wide mobile home space,
4 or more double wide mobile home
spaces connected to a shared
onsitesystem........................................................................................................
275
Office building
peremployee per 8 hour shift or......................................................................................
15
per 100 square feet of floor space, whichever is greater...........................................................
15
Transient Recreational Vehicle Park
(a) Recreational vehicle space for
overnight stay, without water
and sewer hookup per vehicle space..............................................................................
50
(b) Recreational vehicle space for
overnight stay, with water and sewer
hookup per vehicle space...........................................................................................
75
Service stations per water closet
(a) Open 16 hours per day or less....................................................................................
250
(b) Open more than 16 hours per day................................................................................
325
Shopping centers without food or laundry
per square foot of floor space.........................................................................................
0.1
Stadiums, race tracks, ball parks per seat.......................................................................................4
Storesper bath room.............................................................................................................200
Swimming and bathing facilities, public
perperson.................................................................................................................
10
Theaters and Auditoriums, per seat..............................................................................................
4
16
EFFECTIVE MARCH 3, 19'93
Veterinary Clinic
(a) per practitioner......................................................................................................
250
(b) add per employee per 8 hour shift.................................................................................15
(c) add per kennel, stall or cage.......................................................................................
10
Warehouse
(a) add per employee per 8 hour shift.............................................................................
15
(b) add per loading bay................................................................................................
100
(c) self -storage, per unit (up to 200 units).............................................................................
1
add 1 gallon for each 2 units or fraction thereof, for over 200 units
and shall be in addition to employees, offices or living quarters flow rates.
INSTITUTIONAL:
Churches per seat which includes kitchen
wastewater flows unless meals prepared
ona routine basis..........................................................................................................
3
If meals served on a regular basis add
permeal prepared..........................................................................................................
5
Hospitals per bed which does not include
kitchen wastewater flows..............................................................................................
200
addper meal prepared....................................................... ..............................................
5
Nursing, rest homes, adult congregate living
facilities per bed which does not
include kitchen wastewater flows.......................................................:....................I.......
100
addper meal prepared.....................................................................................................
5
Parks, public picnic
(a) with toilets only per person..........................................................................................
4✓
(b) with bathhouse, showers & toilets
perperson..............................................................................................................10
Public institutions other than schools and
hospitals per person which does not
include kitchen wastewater flows....................................................................................100
addper meal prepared.....................................................................................................
5
Schools per student
(a) Day-type...............................................................................................................10
(b) Add for showers
.......................................................................................................
(c) Add for cafeteria.......................................................................................................
4
4
(d) Add for day school workers........................................................................................15
(e) Boarding-type.........................................................................................................75
Work/construction camps, semi-permanent
perworker.................................................................................................................50
RESIDENTIAL:
Residences
(a) Single or multiple family per dwelling
unit
1 bedroom with 750 sq. ft. or less
ofbuilding area.....................................................................................................
100
2 bedrooms with 751-1200 sq. ft.
ofbuilding area.....................................................................................................
200
3 bedrooms with 1201-2250 sq. ft.
ofbuilding area.....................................................................................................
300
4 bedrooms with 2251-3300 sq. ft.
ofbuilding area.....................................................................................................
400
for each additional bedroom or each additional 750 square feet of building area or fraction
thereof in a dwelling unit, system sizing shall be increased by 100 gallons per dwelling unit.
(b) Other per occupant...................................................................................................50
17
EFFECTIVE MARCH 3, 1993
Footnotes to Table I:
1. For food operations, kitchen wastewater flows shall normally be calculated as 66 percent of the total
establishment wastewater flow.
2. Systems serving high volume establishments, such as restaurants, convenience stores and service stations located
near interstate type highways and similar high -traffic areas, require special siring consideration due to expected above
average sewage volume. Minimum estimated flows for these facilities shall be 3.0 times the volumes determined from the
Table I figures.
3. For residences, the volume of wastewater shall be calculated as 50 percent blackwater and 50 percent graywater.
4. Where the number of bedrooms indicated on the floor plan and die corresponding building area of a dwelling
unit in Table I do not coincide, the criteria which will result in the greatest estimated sewage flow shall apply.
5. Convenience store estimated sewage flows shall be determined by adding flows for food outlets and service
stations as appropriate to the products and services offered.
6. Estimated flows for residential systems assumes a maxim„m occupancy of two persons per bedroom. Where
residential care facilities will house more than two persons in any bedroom, estimated flows shall be increased by 50
gallons per each additional occupant.
(2) Minimum effective septic tank capacity shall be determined from Table U. However, where multiple family
dwelling units are jointly connected to a septic tank system, minium effective septic tank capacities specified in the table
shall be increased 75 gallons for each dwelling unit connected to the system. With the exception noted in Wile 64E -
6.013(3)(a), all septic tanks shall be multiple chambered or shall be placed in series to achieve the required effective
capacity. The use of an approved outlet filter device shall be required. For tanks placed in series, the outlet device shall be
placed in the last tank. The outlet filter requirement includes graywater tanks and blackwater tanks, but does not include
grease interceptors or laundry tanks. Outlet filters shall be placed to allow accessibility. for routine maintenance.
Utilisation and siring of outlet filters shall be in accordance with the manufacturers' recommendations. The Bureau of
Onsite Sewage Programs shall approve outlet filter devices per the department's Policy on Approval Standards For Onsite
Sewage Treatment And Disposal Systems Outlet Filter Devices, February 1995, which is herein incorporated by reference.
TABLE II
SEPTIC TANK CAPACITY
AVERAGE SEWAGE FLOW MINIMUM EFFECTIVE CAPACITY
in Gallons/Day in Gallons
0-300 ...................................................... 900
301 -400 ...................................................1050
401 -500 ...................................................1200 V/
501 -600 ...................................................1350
601-700 ...................................................1500
701-800 ...................................................1650
801-1000 .................................................1900
1001-1250 ................................................ 2200
1251-1750 ................................................ 2700
1751-2500 ................................................ 3200
2501-3000 ................................................ 3700
3001-3500 ................................................ 4300
3501-4000 ................................................ 4800
4001-4500 ................................................ 5300
4501-5000 ................................................ 5800
(3) Where a separate graywater tank and drainfield system is used, the minimum effective capacity of the graywater
retention tank shall be 250 gallons with such system receiving not more than 75 gallons of flow per day. For graywater
systems receiving flows greater than 75 gallons per day, minimum effective tank capacity shall be based on the average
daily sewage flow plus 200 gallons for sludge storage. Design requirements for graywater retention tanks are described in
rule 64E-6.013(4). Where separate gmywater and blackwater systems are utilized, the size of the blackwater system can be
reduced, but in no case shall the blackwater system be reduced by more than 25 percent. However, the minimum capacity
for septic tanks disposing of blackwater shall be 900 gallons.
(4) A separate laundry waste tank and drainfield system may be utilized for residences and may be required by the
DOH county health department where building codes allow separation of discharge pipes of the residence to separate
smbouts and where lot sizes and setbacks allow system construction. Where an aerobic treatment unit is used, all
blackwater, graywater and laundry waste flows shall be consolidated and treated by the aerobic treatment unit. Where a
residential laundry waste tank and drainfield system is used:
18
EFFECTIVE MARCH 3, 1998
(a) The minimum laundry waste trench drainfield absorption area for slightly limited soil shall be 75 square feet
for a one or two bedroom residence with an additional 25 square feet for each additional bedroom. If an absorption bed
drainfield is used the minimum drainfield area shall be 100 square feet with an additional 50 square feet for each additional
bedroom over two bedrooms. The DOH county health department shall require additional drainfield area based on
moderately limited soils and other site specific conditions, which shall not exceed twice the required amount of drainfield
for a slightly limited soil.
(b) The laundry waste interceptor shall meet requirements of title 64E-6.013(6).
percent. fixtures (c) The drainfield absorption area serving the remaining wastewater res in the residence shall be reduced by 25
(5) The minimum absorption area for standard subsurface drainfield systems, gmywater drainfield systems, and
filled systems shall be based on estimated sewage flows and Table III so long as estimated sewage flows are 200 gallons per
day or higher. When estimated sewage flows are less than 200 gallons per day, system size shall be based on a minimum of
200 gallons per day.
TABLE III
For Sizing of Drainfields Other Than Mounds
U.S. DEPARTMENT SOIL TEXTURE MAXIMUM SEWAGE LOADING
OF AGRICULTURE LIMITATION RATE TO TRENCH & BED
SOIL TEXTURAL (PERCOLATION ABSORPTION SURFACE
CLASSIFICATION RATE) IN GALLONS PER
SQUARE FOOT PER DAY
TRENCH'- BED
Sand; Coarse Sand not
associated with a
seasonal water table
of less than 48 inches;
and Loamy Coarse Sand
Loamy Sand; Sandy Loam;
Coarse Sandy Loam;
Fine Sand
Loam; Fine Sandy Loam;
Silt Loam; Very Fine
Sand; Very Fine Sandy
Loam; Loamy Fine Sand;
Loamy Very Fine Sand;
Sandy clay loam
Clay Loam; Silty Clay
Loam; Sandy Clay;
Silty Clay, Silt
Clay; Organic Soils;
Hardpan; Bedrock
Coarse Sand with
an estimated wet season
high water table within
48 inches of the bottom
of the proposed
drainfield; Gravel or
Fractured Rock or
Oolidc Limestone
Slightly limited
(Less than 2 min inch)
Slightly limited
(24 min/inch)
Moderately limited
(5-10 min/inch)
Moderately limited
(Greater than 15
min/inch but not
exceeding 30 min/inch)
Severely limited
(Greater than 30
minlinch)
Severely limited
(Less than I
min/inch and a
water table less
than 4 feet below
the drainfield)
1 20
WE
0.65
0.35
19
EFFECTIVE MARCH 3, 1993
t ;t
0.70
0.35
0.20
Unsatisfactory for
smudard subsurface
system
Unsatisfactory for
standard subsurface
system
Footnotes to Table III:
1. U.S. Department of Agriculture major soil textural classification groupings and methods of field identification
are explained in role 64E-6.016. Laboratory sieve analysis of soil samples may be necessary to confirm field evaluation of
specific soil textural classifications. The USDA Soil Conservation Service "Soil Textural Triangle" shall be used to classify
soil groupings based on the proportion of sand, silt and clay size particles.
2. The permeability or percolation rate of a soil within a specific textural classification may be affected by such
factors as soil structure, cementation and mineralogy. Where a percolation rate is determined using the falling head
percolation test procedure described in the United States Environmental Protection Agency Design Manual for Onsite
Wastewater Treatment and Disposal Systems, October, 1980, incorporated by reference into this rule, the calculated
percolation test rate shall be used with Table III and evaluated by the DOH county health department with other factors
such as history of performance of systems in the area in determining the minimum sing for the drainfield area.
3. When all other site conditions are favorable, horizons or strata of moderately or severely limited soil may be
replaced with slightly limited soil or soil of the same texture as the satisfactory slightly limited permeable layer lying below
the replaced layer. The slightly limited permeable layer below the replaced layer shall be identified within the soil profile
which was submitted as part of time permit application. The resulting soil profile must show complete removal of the
moderately or severely limited soil layer being replaced and must be satisfactory to a minimum depth of 54 inches beneath
the bottom surface of the proposed dminfield. The width of the replacement area shall be at least 2 feet wider and longer
than the drain trench and for absorption beds shall include an area at least 2 feet wider and longer than the proposed bed.
Drainfields shall be centered in the replaced area. Where at least 33 percent of the moderately limited soils at depths greater
than 54 inches below the bottom of the drainfield have been removed to the depth of slightly limited soil, drainfield siring
shall be based on the following sewage loading rates. Where severely limited soils are being removed at depths greater than
54 inches below the bottom of the drainfield, 100 percent of the severely limited soils at depths greater than 54 inches shall
be removed down to the depth of an underlying slightly limited soil. Maximum sewage loading rates for standard
subsurface systems installed in replacement areas shall be 0.90 gallons per square foot per day for trench systems and 0.70
gallon per square foot per day for absorption beds in slightly limited soil textures. Where moderately limited soil materials
are found beneath the proposed drainfield, and where system sizing is based on that moderately limited soil, soil
replacements of less than 33 % may be permitted.
4. Where coarse sand, gravel, or oolitic limestone directly underlies the drainfield area, the site shall be approved
provided a minimum depth of 42 inches of the rapidly percolating soil beneath the bottom absorption surface of the
drainfield and a minimum 12 inches of rapidly percolating soil contiguous to the drainfield sidewall absorption surfaces, is
replaced with slightly limited soil material. Where such replacement method is utilized, the drainfield size shall be
determined using a maximum sewage application rate of 0.80 gallons per square foot per day of drainfield in trenches and
0.70 gallon per square foot per day for drainfield absorption beds.
5. Where more than one soil texture classification is encountered within a soil profile and it is not removed as part
of a replacement, drainfield sizing for standard subsurface drainfield systems and fill drainfield systems shall be based on
the most restrictive soil texture encountered within 24 inches of the bottom of the drainfield absorption surface.
Specific Authority: 381.0011(4),(13), 381.006, 381.0065(3)(a), 489.553 FS. Law Implemented: 154.01, 381.001(2),
381.0011(4), 381.0012, 381.0025, 381.0061, 381.0065, 381.0067, Part 1386, 489.553, FS. History: New 12-22-82,
Amended 2-5-85, Formerly IOD -6.48, Amended 3-17-92, 1-3-95, Formerly IOD -6.048, Amended 11-19-97.
64E-6.009 ALTERNATIVE SYSTEMS
When approved by the DOH county health department, alternative systems may, at the discretion of the applicant,
be utilized in circumstances where standard subsurface systems are not suitable or where alternative systems are more
feasible. Unless otherwise noted, all rules pertaining to siting, construction, and maintenance of standard subsurface
systems shall apply to alternative systems. In addition, the DOH county health department may, using the criteria in section
64E-6.004(4), require the submission of plans prepared by an engineer registered in the State of Florida, prior to
considering the use of any alternative system. The DOH county health department shall require an engineer registered in the
state of Florida to design a system having a total absorption area greater than 1000 square feet and shall require the design
engineer to certify that the installed system complies with the approved design and installation requirements.
(1) Waterless, incinerating or organic waste composting toilets - may be approved for use if found in compliance
with standards for Wastewater Recycle/Reuse and Water Conservation Systems as defined by ANSI/NSF International
Standard Number 41, revised May 1983, hereby incorporated by reference, and provided that graywater and any other
liquid and solid waste is properly collected and disposed of in accordance with standards established in this Chapter.
(2) Sanitary pit privy - shall not be permitted except at remote locations where electrical service is unavailable. In
no case shall such installations be permitted for permanent residences.
20
EFFECTIVE MARCH 3, 1998
(3) Mound systems - are used to overcome certain limiting site conditions such as an elevated seasonal high water
table, shallow permeable soil overlying slowly permeable soil and shallow permeable soil located over creviced or porous
bedrock. Special installation instructions or design techniques to suit a particular site may, using the criteria in section 64E-
6.004(4), be specified on the construction permit in addition to the following general requirements.
(a) Site preparation must render the site in compliance with requirements of rule 64E-6.006(1){6).
soil. (b) Prior to the construction of a mound system, all or a portion of a lot may be filled utilizing slightly limited
(c) The "0" horizon of original topsoil, any black or very dark gray organic topsoil, and vegetation must be
removed from the fill site and the exposed underlying soil plowed or roughened to prevent formation of an impervious
barrier between the fill and natural soil. Moderately limited soil required to be removed from the fill site may be used in the
construction of mound systems, but shall only be used in the construction of mound slopes. If moderately or severely
limited soil is to be replaced beneath the mound, role 64E-6.008, Table III, footnote 3. shall be followed.
(d) Where the soil material underlying a mound system is of a similar slightly limited textural material as that used
in system construction, the mound drainfield size shall be based on estimated sewage flows as specified in 64E-6.008, Table
I and upon the quality of fill material utilized in the mound system. When estimated sewage flows are calculated to be less
than 200 gallons per day, specifications for system design shall be based on a minimum flow of 200 gallons per day.
Maximum sewage loading rates for soils used in mound construction shall be in compliance with the following:
Fill Material
Sand; Coarse Sand;
Loamy Coarse Sand
Fine Sand
Sandy Loam; Coarse
Sandy Loam; Loamy Sand
Maximum Sewage Loading
Rate to Mound Drain
Trench Bottom Surface
in gallons per square
foot per day
1.00 J
0.80
0.65
Maximum Sewage Loading
Rate to Mound Absorption
Bed Bottom Surface in
gallons per square foot
per day.
0.75
0.65
0.40
(e) Where moderately limited soils underlie the mound within 36 inches of the bottom of the drainfield, drainfield
sizing shall be based on the most restrictive soil texture existing in the profile to a depth of 36 inches below the bottom of
the drainfield.
(f) There shall be a minimum 5 feet separation between the shoulder of the fill and the nearest trench or absorption
bed sidewall. Where a portion of the mound slope will be placed adjacent to a building foundation, including pilings for
elevated structures, or within 5 feet of mobile home walls, swimming pool walls, or similar obstructions impeding lateral
water movement, there shall be a minimum 7 foot separation between the sidewall of the absorption area and the obstructed
or compacted area. Where mounds are placed on slopes exceeding 2 percent, the shoulder fill on the downslope side of the
mound shall, at a minimum, extend an additional 1 foot for each additional 1 percent of slope. To taper the maximum
elevation of the mound down to the toe of the slope, additional moderately or slightly limited fill shall be placed at a
minimum 2 foot horizontal to 1 foot vertical grade where mound height does not exceed 36 inches. Mound heights which
✓ exceed 36 inches shall have a slope not to exceed 3:1. The slopes of a mound system shall be stabilized with sod. When the
mound slopes are not stabilized with sod, the mound slopes shall be a minimum of a 5:1 grade. The entire mound shall be
stabilized by seeding with grass and a layer of hay or similar cover shall be placed to prevent mound erosion. Stabilization
of a mound shall be the responsibility of the septic tank contractor who constructed the mound system unless the written
agreement for system construction clearly states the system owner is responsible. Mound slopes which do not conform to
permit requirements shall at a minimum be restored to permit specifications prior to stabilizing. Other vegetative covers
providing protection from mound erosion equal to or better than sod shall be approved by the State Health Office. Final
installation approval shall not be granted until sodding or seeding and haying of the mound has occurred. Landscaping
features such as boulders or trees which obstruct drainfield or fill shoulder area shall not be used. Retaining walls shall not
be allowed that reduce the minimum required shoulder or slope of a mounded system.
(g) There shall be a,9 to 12, inch soil cap spread evenly over the drainfield gravel exclusive of the thickness of sod.
(h) The site shall be landscaped according to permit specifications and shall be protected from automotive traffic or
other activity that could damage the system. Swales or other surface drainage structures shall be utilized to prevent surface
water shed from mounds draining onto neighboring property.
(i) All fill material used in the construction of systems shall be free of extraneous non -soil material such as grass,
roots and any other debris. Severely limited soil material shall not be used in system construction. Carbonate fill material
shall not be used in system construction.
(4) Filled systems - filled systems shall be constructed in accordance with the minimum requirements for mounds
as specified in (3) above, except as provided for in footnote 5., Table III, and that sewage loading rates to trench or
absorption bed bottom areas shall be based on values found in Table III.
21
EFFECTIVE NURCH 3, 1998
(5)Alternative drainfield materials and design approval - Requests for approval of drainfield materials and designs
which are not specifically addressed in section 64E-6.014, FAC, shall be submitted to the department's Bureau of Onsite
Sewage Programs. Requests for alternative drainfield approval shall be accompanied by detailed system design and
construction plans by an engineer registered in the State of Florida, certification of the performance capabilities of the
product submitted by an engineer registered in the State of Florida, research supporting the proposed system materials,
design and sizing, and empirical data showing results of system use in other states with similar soil conditions. The
detailed plans and information submitted with the approval request shall be reviewed by the department onsite sewage
program to determine whether or not there is a reasonable certainty that the information submitted provides evidence of the
effectiveness and reliability of the proposed alternative drainfield. Until performance based system standards are developed
as mandated by section 381.0065(4)(i), Florida Statutes, no proposed alternative drainfield shall be approved which would
result in a reduction in drainfield size using the mineral aggregate drainfield system as described in section 64E-6.014,
FAC, and the total surface area of soil at the bottom of the drainfield as the criteria for drainfield sizing comparisons. If
the department is not satisfied that the information provided provides reasonable evidence of the effectiveness and reliability
of the alternative drainfield, the department shall deny the approval. Department approval of any alternative drainfield
system does not guarantee or imply that any individual system installation will perform satisfactorily for a specific period of
time. The individual system design engineer or the registered septic tank contractor if an engineer did not design the
system is primarily responsible for determining the best system design to meet the specific wastewater treatment and
disposal needs and to address specific installation area site conditions and limitations.
(6) Other alternative systems - systems such as low pressure distribution networks, small diameter gravity sewers,
low pressure sewer systems, alternating absorption fields, and sand filters designed and submitted by an engineer who is
registered in the State of Florida, meeting the general requirements of this Chapter, shall be approved by the DOH county
health department where evidence exists that use of such systems will not create sauitary nuisance conditions, health hazards
or pollute receiving waters. Use of an alternative system may require the establishment of procedures for routine
maintenance, operational surveillance, and environmental monitoring to assure the system continues to function properly.
(7) Use of a system to serve more than one residence or commercial building under separate ownership and when
located on separate lots shall require the establishment of a local sewer district, maintenance fianchise, or other legally
binding arrangement for the operation and maintenance of such system.
Specific Authority: 381.0011(4),(13), 381.006, 381.0065(3)(a), 489.553(3) and 489.557(1) FS. Law Implemented:
154.01, 381.001(2), 381.0011(4), 381.0012, 381.0025, 381.006(7), 381.0061, 381.0065, 381.0067, Part 1386, 489.553,
FS. History: New 12-22-82, Amended 2-5-85, Formerly IOD -6.49, Amended 3-17-92, 1-3-95, Formerly 1OD-6.049,
Amended 11-19-97, 2-3-98.
64E-6.010 DISPOSAL OF SEPTAGE
(1) No septic tank, grease interceptor, privy, portable toilet, holding tank or other receptacle associated with an
onsite sewage treatment and disposal system shall be cleaned or have its contents removed until the service person has
obtained an annual written permit (form DH 4013) from the DOH county health department in the county in which the
service company is located. Permits issued under this section authorize the disposal service to handle liquid waste associated
with food operations, portable toilets, holding tanks containing domestic waste, or domestic septage. Stitch authorization
applies to all septage produced in the State of Florida, all holding tanks containing domestic waste, all portable toilet waste
and food establishment sludge which is collected for disposal from onsite sewage treatment and disposal systems.
(2) Application for a service permit shall be made to the DOH county health department on form DH 4012. The
following must be provided for the evaluation prior to issuance of a service permit:
(a) Evidence that the applicant possesses adequate equipment such as a tank truck with a liquid capacity of at least
1500 gallons, except portable toilet servicing vehicles, pumps, off truck stabilization tanks and pH testing equipment where
lime stabilization and land application are proposed, as well as other appurtenances and tools necessary to perform the work
intended. Equipment may be placed into service only after it has been inspected and approved by the DOH county health
department. Lime stabilization tanks shall be coustructed and installed to meet the standards set forth in Wile 64E-6.013(8).
(b) Vehicles used for servicing portable toilets, privies and hotting tanks shall be provided with a dual
compartment tank. One tank shall be used for receiving and removing wastes and shall be equipped with a suction hose
having a cut-off valve not more than 36 inches from the intake end. The second tank shall be used for clean water storage
and shall have adequate capacity to allow proper cleaning of each serviced unit.
22
EFFECTIVE MARCH 3, 1'9'98
(c) Standby portable toilet service equipment shall be available for use during breakdowns or emergencies. If
equipment from another approved service is to be used for stand-by purposes, a written agreement between the services
must be provided to the DOH county health department.
(d) The permanent location and address of the business where operations will originate and where equipment is to
be stored when it is not in use.
(e) The proposed disposal method and the site to be used for disposing of onsite sewage treatment and disposal
system septage.
(f) The contractor registration number and certificate of authorization number, if applicable.
(3) When a permit is issued, the number of said permit along with the name of the company, its phone number,
and the gallon capacity of the truck shall be prominently and permanently displayed on the service truck in contrasting
colors with 3 inch or larger letters. Use of removable magnetic signs shall not be considered permanent display of vehicle
identification information. A septage disposal service permit shall be suspended, revoked or denied by the department in
accordance with Chapter 120, FS, for failure to comply with requirements of this Chapter.
(4) After septage is removed from an onsite waste disposal system, the original lid of the tank shall be put back in
place, or be replaced with a new lid if the original lid is broken. The tank lid shall be completely sealed and secured as per
rule 64E -6.013(3)(b) and the ground backfilled and compacted so that the site is left in a nuisance free condition.
(5) Untreated food establishment sludges, portable toilet waste, holding tank waste, and septage shall be
transported to an approved treatment facility in such a manner as to preclude leakage, spillage or the creation of a sanitary
nuisance.
(6) Treated septage and sludges shall be transported to the disposal site in such a manner so as to preclude leakage,
spillage or the creation of a sanitary nuisance.
(7) The food establishment sludge and contents from onsite waste disposal systems shall be disposed of at a site
approved by the DOH county health department and by an approved disposal method. Untreated domestic septage or food
establishment sludges shall not be applied to the land. Portable toilet wastes and the contents from holding tanks are not
considered to be septage. Disposal of these liquid wastes shall be in compliance with provisions found in (a) through (v).
Criteria for approved stabilization methods and the subsequent land application of domestic septage or other domestic onsite
wastewater sludges shall be in accordance with the following criteria for land application and disposal of domestic septage.
(a) Land application of domestic septage and sludges shall be permitted provided such septage and sludges have
been properly treated by an approved septage-stabilization process, including lime stabilization, and an application using
form DH 4012 has been completed as part of the permitting process. Prior to discharge of septage or food establishment
sludge into a stabilization tank, the septage or sludge shall be screened in a pretreatment tank or chamber which contains a
final screening method using bar screens having a maximum gap of 1/2 inch or rock screens or other similar mesh material
having a maximum 3/4 inch opening. Material retained in the screening process shall be limed, containerized, and disposed
of at an approved solid waste disposal facility. Septage or sludge shall pass from the pretreatment tank or chamber to the
stabilization tank. Lime stabilization of septage shall be in accordance with processes and designs described in Chapter 6,
EPA 625/1-79-011, Process Design Manual for Sludge Treatment and Disposal, hereby incorporated by reference.
Facilities approved for septage treatment under this rule shall not receive and treat more than 20,000 gallons of septage or
combined septage, grease interceptor, portable toilet or other receptacle waste associated with an onsite sewage treatment
and disposal system on any one day and shall not exceed a monthly average of 10,000 gallons of septage or septage and
combined domestic waste per day. Stabilization by lime shall raise the pH of the septage to a level of 12 for a minimum of
two hours or to a level of at least 12.5 for a minimum of 30 minutes to be deemed sufficient. The pH of the stabilized
septage shall be maintained at a level of at least 11 until actual land application, but shall not be landspread until the pH of
the stabilized septage has fallen below 12.5. To check the pH of the stabilized septage, a sampling port having an internal
diameter of no less than 1/2 inch and no more than 3/4 inch and located no more than 60 inches above the ground surface
shall be used to allow sampling of waste tank contents. Lime purchase receipts shall be kept at the place of business for a
minimum of 6 months.
1. Use on playgrounds, parks, golf courses, lawns, hospital grounds, or other unrestricted public access areas
where frequent human contact is likely to occur is prohibited.
2. Application is limited to sod farms, pasture lands, forests, highway shoulders and medians, plant nursery use,
land reclamation projects and soils used for growing human food chain crops. Application methods shall be conducted in a
manner which will disperse the treated septage uniformly over the land application site.
a. Pasture vegetation on which stabilized septage or sludge has been applied shall not be cut for hay or silage nor
grazed for a period of 30 days from the last application.
b. No human food chain crops except hay, silage, or orchard crops shall be harvested from a land application area
for a period of 60 days following the last application of septage or sludges.
23
EFFECTIVE MARCH 3, 1998
c. Domestic septage or sludge shall not be used for the growing or cultivation of tobacco, root crops, leafy
vegetables, or vegetables to be eaten raw. Vegetables and fruits which come in contact with the ground surface shall not be
grown on land used for septage application for a period of 18 months after the last application of septage or sludee.
d. When applied to unvegetated soils, stabilized domestic septage or sludge shall be incorporated into the soil
within 48 hours of application.
(b) No land application of stabilized septage or food service sludge may occur until:
1. The site has been inspected and approved by department personnel.
2. The site evaluation fee has been submitted.
3. An agricultural use plan has been completed for the proposed application site.
a. Agricultural use plans shall describe the manner in which treated domestic septage and sludges are to be used as
part of a planned agricultural operation. Methods of application, proposed crops and their fertilizer needs, vegetative types
proposed, erosion management, access control for humans and animals, and anticipated harvesting periods shall be
included.
b. Agricultural use plans shall include information on the soil and geologic conditions at the disposal site which
could limit the areas available for land application.
4. The plan has been submitted for review and approval to the DOH county health department having jurisdiction.
5. The DOH county health department has granted approval to use the site.
(c) No person shall dispose of domestic septage or sludge by land application unless they have compiled with
approved treatment and disposal methods described in rule 64E-6.010. Lime stabilization in the tank of a septage hauling
vehicle or in the tank of an onsite sewage treatment and disposal system is not an approved septage treatment method.
(d) Land application of septage shall occur only in accordance with rule 64E -6.010(7)(a) unless prohibited by the
DOH county health department due to a brief condition which creates a potential for a sanitary nuisance as exemplified in
rule 64E -6.010(7)(k).
(e) All septage and septage-related haulers regulated by Chapter 64E-6, F.A.C: are to maintain a collection and
hauling log at the treatment site or at the main business location which provides the following information:
1. date of septage collection
2. address of collection
3. indicate whether the point of collection is a residence or business and if a business, the type of business
4, estimated volume, in gallons, of septage treated
5. receipts for lime or other materials used for treatment
(f) A summary of the total volume of septage applied to each site shall be submitted to the DOH county health
department quarterly.
(g) Domestic wastewater systems residuals shall not be mixed with septage for treatment and disposal at
department approved sites.
(h) Septage which contains toxic or hazardous waste must be disposed of in accordance with the Hiles of the
Department of Environmental Protection.
(i) The land application area shall not be located closer than 3000 feet to any Class I water body or Outstanding
Florida Water as defined in Chapter 62-302, F.A.C. or 200 feet to any surface water except canals or bodies of water used
for irrigation purposes which are located completely within and not discharging from the site. The land application area
shall not be located closer than 500 feet to any shallow public water supply wells, nor closer than 300 feet to any private
drinking water supply well. The application area shall be no closer than 300 feet to any habitable building and a minimum
of 75 feet from property lines and drainage ditches.
0) The land application site shall have a minimum 24 inches of unsaturated soil above the ground water table at the
time of septage or sludge application. The seasonal high ground water table for the site may be indicated in the Agricultural
Use Plan by soil survey maps. If the wet season high ground water table is within 2 feet of the surface or is not determined
in the Agricultural Use Plan, the water table encountered at the time of septage or sludge application shall be determined by
use of a monitoring well.
(k) Septage or sludge shall not be applied during rain events of sufficient magnitude to cause runoff, or during
periods in which surface soils of the land application area are saturated. The land application area shall have sufficient
buffer areas or smrmwater management structures to retain the runoff from a ten-year one-hour storm on the site. Sufficient
septage storage capacity shall be provided for periods of inclement weather and equipment failure. Facilities shall be
designed, located, and operated to prevent sanitary nuisance conditions and avoid site run-off.
(1) land application area topographic grades shall not exceed 8 percent.
(m) The land application area and an area 200 feet wide adjacent to, and exterior of, the land application area
boundary shall contain no subsurface fractures, solution cavities, sink holes, excavation core holes, abandoned holes, or any
other natural or manmade conduits which allow contamination of ground water. Determinations of site conditions shall be
made as part of a geophysical examination of the property by qualified persons.
(n) Florida water quality criteria for groundwater and surface water shall not be violated as a result of land
application of septage or sludge. Water quality testing of application areas may be required if the department determines
that septage application not conforming to this rule is evident. If water quality violations are indicated, the site owner shall
suspend land application activities.
24
EFFECTIVE MARCH 3, 19'93
(o) A layer of permeable soil at least 2 feet thick shall cover the surface of the land application area.
(p) Application rates of septage and food establishment sludges are limited by the nitrogen content of the waste.
The maximum annual surface application rate of total nitrogen is 500 pounds per acre during any 12 -month period.
Application of septage shall be applied as evenly as possible during the 12 month period to ensure maximum uptake of
nitrogen by the crops used. This equates to 6 dry tons or 40,000 gallons of typical septage per acre per year. However, if
the following formula, based on the annual uptake of nitrogen for a given crop is used, the 40,000 gallons of septage
applied per acre per year shall be increased if the nitrogen content of the septage will not exceed the nitrogen uptake of the
crop.
AAR = N-0.0026
AAR is the annual application rate in gallons per acre per 365 day period; and N equals the amount of nitrogen in pounds
per acre per 365 day period needed by the crop or vegetation grown on the land. Application methods shall be conducted in
a manner which will disperse the treated septage uniformly over the land application site.
(q) Permanent records of actual application areas and application rates shall be kept. These records shall be
maintained by the site owner, lessee, or the land applicator for a period of five years, and shall be available for inspection
upon request by the department or by DEP. An ammal summary of the total septage or sludge applied shall be provided
with the annual update to the Agricultural Use Plan. Records shall be kept and shall include:
1. Dates of septage or sludge land application
2. Weather conditions when applied
3. Location of septage or sludge application site
4. Amounts of septage or sludge applied
5. Specific area of the site where septage or sludge was
applied
6. pH of stabilized septage or sludge being applied
7. Soil groundwater table when septage was applied
8. Vegetational status of application area
(r) Food establishment sludges may be discharged into permitted domestic wastewater treatment facilities pursuant
to the requirements of Chapter 62-600, F.A.C.
(s) Application of food establishment sludge to the land shall be permitted if such food establishment sludge has
been properly treated by lime stabilization, or by any other process which produces similar kills of microorganisms and has
been approved by the State Health Office.
(t) Mixing of unstabilized food establishment sludge with stabilized septage prior to land application is not
permitted.
(u) Food establishment sludge shall be blended with septage and treated prior to land application. The ratio of food
establishment sludge to septage shall be no greater than 1:1.
(v) Holding tank and portable toilet wastes shall be disposed of into a septage treatment and disposal facility
approved by the department or into a treatment facility approved or permitted for such disposal by the Department of
Environmental Protection. These wastes shall be land applied under provisions of 64E-6.010(7) provided an approved DEP
treatment facility is not available and the wastes have been blended with domestic septage at a rate of 3 parts septage to 1
part holding tank or portable toilet waste prior to lime stabilization. Companies which service holding tanks or portable
toilets which use quaternary ammonium sanitizing and deodorizing compounds are prohibited from having the wastes
treated or disposed of at lime stabilization facilities.
(8) Stabilization tanks and septage storage tanks may be located at regional stabilization facilities, at sites owned by
the disposal service or at sites owned by the owner or lessee of the septage land application site.
(9) Potable water supplies located at the stabilization tank and septage storage tank site shall be provided with back
How prevention devices to prevent potential contamination of water supplies.
(10) Portable toilets shall be self-contained, have self closing doors, have screened vents and shall be designed and
maintained so that insects are excluded from the waste container. Additional requirements are:
(a) Local plumbing codes shall be used to determine the required number of facilities. Where a local plumbing
code does not address facility requirements, Chapter 6413-10, F.A.C. places of public assembly, shall be utilized.
(b) Waste receptacles shall be watertight and made of non-absorbent, acid resistant, non -corrosive and easily
cleanable material.
(c) The floors and interior walls shall have a nonabsorbent finish and be easily cleanable.
(d) The inside of the structure housing the storage compartment shall be cleaned and disinfected on each service
visit.
25
EFFECTIVE MARCH 3, 1793
(e) Each portable or temporary toilet shall have listed in a conspicuous place the name and telephone number of the
servicing company.
(f) Portable toilets shall be serviced weekly or at a more frequent interval to prevent the creation of insanitary
conditions.
Specific Authority: 154.06, 381.0011, 381.006, 381.0065, 489.553 and 489.557 FS. Law Implemented: 154.01,
381.001, 381.0011, 381.0012, 381.0025, 381.006, 381.0061, 381.0065, 381.00655, 381.0066, 381.0067, Part 1386, FS.
History: New 12-22-82, Amended 2-5-85, Formerly IOD -6.52, Amended 3-17-92, 1-3-95, 5-14-96, Formerly IOD -6.052.
64E-6.011 ABANDONMENT OF SYSTEMS
(1) Whenever the use of an onsite sewage treatment and disposal system is discontinued following connection to a
sanitary sewer, following condemnation or demolition or removal or destruction, of a building or property, or
discontinuing the use of a septic tank and replacement with another septic tank, the system shall be abandoned widen 90
days and any further use of the system for any purpose shall be prohibited. However, if the Department of Environmental
Protection or its designee approves the use of the retention tank where the tank is to become an integral part of a sanitary
sewer system or stormwater management system, the septic tank need not be abandoned.
(2) The following actions shall be taken, in the order listed, to abandon an onsite sewage treatment and disposal
system:
(a) Property owner or agent shall apply for a permit from the department to abandon the existing onsite sewage
system and submit the require fee. Upon receiving a permit:
(b) The tank shall be pumped out.
(c) The bottom of the tank shall be opened or ruptured, or the entire tank collapsed so as to prevent the tank from
retaining water, and
(d) The tank shall be filled with clean sand or other suitable material, and completely covered with soil.
(3) The permitting provisions of rule 64E -6.011(2)(a) are not required if a local utility or local plumbing authority
performs a system abandonment program which requires the completion of those steps listed in rule 64E -6.011(2)(b), (c),
Specific Authority: 154.06, 381.0011, 381.006, 381.0065, 489.553 and 489.557 FS Law Implemented: 154.01,
381.001, 381.0011, 381.0012, 381.0025, 381.006, 381.0061, 381.0065, 381.00655, 381.0066, 381.0067, Part 1386, FS
History: New 12-22-82, Amended 2-5-85, Formerly IOD -6.53, Amended 3-17-92, 1-3-95, Formerly 10D-6.053.
64E-6.012 STANDARDS FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF AEROBIC
TREATMENT UNITS
When aerobic treatment units are used for treating domestic and commercial sewage waste, each unit shall be
installed, operated and maintained in conformance with the following provisions:
(1) Aerobic systems designed to treat up to 1500 gallons of sewage waste per day shall be listed by a third parry
certifying program approved by the State Health Office. Aerobic treatment units shall be in compliance with standards for
Class I systems as defined by ANSIINSF International Standard Number 40, revised July 1990, hereby incorporated by
reference. An approved third party certifying program shall comply with the following provisions in order for units which
it has certified to be approved for use in Florida:
(a) be accredited by the American National Standards Institute.
(b) have established procedures which send representatives to distributors in Florida on a recurring basis to conduct
evaluations to assure that distributors of certified aerobic units are providing proper maintenance, have sufficient
replacement parts available, and are maintaining service records.
(c) notify the department State Health Office of the results of monitoring visits to manufacturers and distributors
within 60 days of the conclusion of the monitoring. Approved distributors must be reported by the manufacturer to the
certifying agency.
(d) submit completion reports on testing for review by the State Health Office.
(e) provide a registered certification mark or seal which must be affixed in a conspicuous location on the units it
has certified. This mark or seal will alert persons evaluating or maintaining the unit that the unit is in compliance with
ANSI/NSF Standard 40.
26
EFFECTIVE MARCH 3, 1998
(2) The following additional requirements shall also apply to the construction, design, and operation of aerobic
treatment units treating 1500 gallons per day or less:
(a) An appropriate mechanism shall be provided to make access ports vandal, tamper, and child resistant.
Acceptable protection of openings shall consist of one or more of the following methods as specified by the tank
manufacturer:
1. A padlock.
2. An "O" ring with twist lock cover requiring special tools for removal.
3. Covers weighing 65 pounds or more, net weight.
4. A binge and hasp mechanism which uses stainless steel or other corrosion resistant fasteners to fasten the hinge
and hasp to the lid and tank for fiberglass, metal, or plastic lids.
(b) A minimum of a 4 inch diameter sampling access port located between the tank outlet and the drainfield.
(c) A visual and audio warning device shall be installed in a conspicuous location so that activation of such
warning device will alert property occupants of aerobic unit malfunction or failure. All warning devices shall be wired
separately from the aerobic unit so that disconnecting the aerobic unit from electricity will activate the warning device. If
installed outside, the alarm shall be waterproof.
(d) Each unit shall be designed or equipped so that regardless of unusual patterns or frequencies of sewage flow
into the system effluent discharged to the drainfield will be in compliance with Class I effluent quality standards as defined
by ANSI/NSF Standard 40.
(e) Minimum required treatment capacities for systems serving any structure, building or group of buildings shall
be based on estimated daily sewage flows as determined from Table IV.
TABLE IV
AEROBIC SYSTEMS
PLANT SIZING
RESIDENTIAL:
Number of Building Area Minimum Required
Bedrooms in square feet Treatment Capacity
gallons per day
1 or 2 Up to 1200 400
3 1201-2250 500
4 2251-3300 600
For each additional bedroom or each additional 750 square feet of building area, or fraction thereof, treatment capacity
shall be increased by 100 gallons.
COMMERCIAL:
Estimated Sewage Flow Minimum Required
in gallons per day Treatment Capacity
in gallons per day
0-400.................................................................... 400
401-500................................................................. 500
501.600................................................................. 600
601-700................................................................. 700
701-750................................................................. 750
751-800................................................................. 800
801-1000................................................................1000
1001-1200..............................................................1200
1201-1500..............................................................1500
Footnotes to Table IV
1. Where the number of bedrooms and the corresponding building area in Table IV do not coincide, the criteria
which results in the greatest required treatment rapacity shall apply.
2. These figures assume that the aerobic system will be treating domestic strength sewage with CBOD5 and
suspended solids values typically not exceeding 300 and 200 milligrams per liter, respectively. For wastewaters with higher
CBOD5, higher suspended solids values, or for facilities that exhibit short-term hydraulic surge conditions, additional
treatment or pre-treatment facilities shall be required when specified by design engineers, plant manufacturers, or by the
DOH county health department.
(f) There shall be no bypass capability designed into the system which will allow waste to be discharged to the
drainfield without undergoing all the treatment processes necessary to achieve the desired effluent quality. Bypassing,
removing, or excluding any component or components of a system after the system has received final installation approval
is prohibited.
(g) Effluent from an aerobic treatment unit shall be disposed of on the owner's property in conformance with other
requirements of this Chapter except as provided for in rule 64E -6.012(2)(f). Effluent quality which is found to not meet
27
EFFECTIVE MARCH 3, 1998
Class I standards as specified by ANSUNSF Standard 40 shall be reported to the maintenance entity for correction within 10
working days.
(h) Units meeting Class I Standards as specified by ANSIINSF Standard 40 shall receive consideration, via the
variance review process, for use where daily domestic sewage flow limitations of rule 64E-6.005 are exceeded or where a
high level of sewage treatment is warranted. Also, for Class I units where slightly limited soil textures exist on a site, the
required drainfield size may be reduced by 25 percent from the requirements in rule 64E-6.008(5) or 64E -6.009(3)(d).
(i) A manufacturer, distributor or seller of aerobic treatment units shall furnish, to the State Health Office, 90
copies of completion reports and engineering drawings showing the design and construction details of all models of
approved Class I units to be constructed or installed under the provisions of this rule. The State Health Office will forward
these drawings to each DOH county health department. No aerobic unit shall receive final installation approval until the
unit is found to be in compliance with all provisions of this Wile, including compliance with design and construction details
shown on the engineering plans filed with DOH county health departments and the State Health Office.
U) A distributor of a specific manufacturer's brand or model of an approved aerobic treatment unit shall provide to
the DOH county health department and State Health Office written assurance that spare mechanical and structural parrs are
available, upon request, for purchase, to all other approved maintenance entities.
(k) Where local building occupancy codes require that the DOH county health department approve the means of
sewage disposal prior to building occupancy or change of occupancy, and where an aerobic treatment unit is utilized, a
current, unexpired aerobic treatment unit maintenance contract between the property owner or lessee and an approved
maimenance entity shall be one of the required conditions of system approval.
(1) A copy of the signed maintenance agreement between the property owner or property lessee and an approved
maintenance entity shall be provided to the DOH county health department by the maintenance entity. The maintenance
agreement shall:
1. Initially be for a period of at least 2 years and subsequent maintenance agreement renewals shall be for at least 1
year periods for the life of the system.
2. Provide that a maintenance entity which desires to discontinue the provision of maintenance services, notify in
writing, the property owners and lessees and the DOH county health department at least 30 days prior to discontinuance of
service.
3. Provide that, if a private maintenance entity discontimres business, property owners who have previously
contracted with the discontinued maintenance service shall, within 30 days of the service termination date, contract with an
approved maintenance service and provide the DOH county health department a copy of the newly signed maintenance
agreement.
4. Provide that each aerobic unit is inspected by an approved maintenance entity at least two times each year.
Aerobic treatment units serving commercial establishments shall be inspected four times per year. The maintenance entity
shall famish to the DOH county health department a listing of all aerobic units inspected or serviced during the respective
reporting period. As a minimum, reports shall indicate the system owner or building lessee, the street address of the
system, the date of system inspection or service and a statement as to the maintenance or service performed. The
maintenance entity shall also include a list of the owners who have refused to renew their main enanre agreement.
(m) The DOH county health department shall, at least annually, monitor the maintenance and performance of
aerobic treatment units by selecting a representative sample of in -use systems for evaluation. The DOH county health
department shall also inspect each authorized maintenance entity, including review of their service records and maintenance
agreements. A report summarizing results of field evaluations, aerobic treatment unit effluent sample analysis, and a
summary of maintenance agreement and servicing records compliance, shall be provided annually to the State Health Office
for a determination of the effectiveness of the provisions of this section in assuring proper operation, maintenance,
performance and utilization of aerobic treatment unit systems. At a minimim aerobic treatment unit effluent sample
analysis shall be conducted to determine that Class I standards as specified by ANSUNSF Standard 40 are maintained.
(3) An aerobic treatment unit used for treating domestic sewage flows in excess of 1500 gallons per day but not
exceeding 10,000 gallons per day shall be designed and certified by an engineer registered in the State of Florida. The
certification shall state that the unit is capable of consistently meeting, at minimum secondary treatment standards
established by DEP in rule 62-600.420, F.A.C. In addition, the following requirements shall also be met:
(a) The drainfield system shall meet minimum setback and elevation requirements specified by this rule.
(b) The owner or lessee of a system shall comply with the applicable safety, maintenance and operational
requirements of rule 64E-6.012(2). Unless the system owner or lessee is a state licensed wastewater treatment plant
operator, the owner or lessee shall be required to have a system maintenance agreement with a permitted aerobic unit
maintenance entity which has at least a Class D state certified operator who has been certified under the provisions of
Chapter 61E12-41, F.A.C.
(c) A permitted aerobic unit maintenance entity with a minimum Class D certified operator, or a system owner or
lessee holding at minimum a Class D certification under the provisions of Chapter 61EI241, F.A.C., shall collect effluent
quality samples and submit the sample analysis reports to the DOH county health department. Effluent quality samples for
CBODS, suspended solids and fecal coliform shall be collected at least semi-annually and such samples shall be analyzed by
a department -approved laboratory.
23
EFFECTIVE MARCH 3, 19'93
(d) Written sample analysis reports shall be submitted to the DOH county health department by no later than the
15th of the next month following the semi-annual sampling period. However, if the sample analysis for CBOD5 or
suspended solids exceed secondary treatment standards by more than 100 percent, the maintenance entity or certified
operator shall notify the DOH county health department by telephone or in person within 24 hours after receipt of sample
analysis results.
(e) The DOH county health department shall monitor the maintenance and performance of aerobic treatments units
as required by rule 64E -6.012(2)(m).
(4) No aerobic treatment unit shall be serviced or repaired by a person or entity engaged in an aerobic treatment
unit maintenance service until the service entity has obtained an annual written permit issued on form DH 4013 from the
DOH county health department in the county where the service company is located. Application for an Aerobic Treatment
Unit Maintenance Service Permit, form DH 4066, shall be made to the DOH county health department and shall contain the
following information:
(a) Evidence that the maimenanre entity possesses a manufacturer's maintenance and operations mammal and has
received training from the manufacturer in proper installation and service of the unit and has received written approval from
the manufacturer to perform service on their units. The manual shall contain detailed instructions on proper operation and
maintenance procedures, a replacement parts list for all models being installed and maintained, a statement giving the
capabilities of each unit, instructions on how to detect a malfunctioning unit and what to expect from a properly functioning
unit.
(b) A signed statement from the applicant attesting that the applicant has adequate staff, possesses proper
equipment and has sufficient spare structural and mechanical parts and components to perform routine system monitoring
and servicing and is able to make a service response within 36 hours after notification of the need for emergency repairs.
The statement shall include confirmation that the location or locations of service persoAnel and replacement parts will be no
more than 200 miles from any aerobic treatment unit under contract for servicing.
(c) Payment of $25.00 to the DOH county health department per annum for the aerobic treatment unit maintenance
service permit.
(5) Emergency service necessary to prevent or eliminate an imminent sanitary nuisance condition caused by failure
of a mechanical component of any aerobic treatment unit shall be reported by the approved aerobic unit maintenance entity,
in writing, to the DOH county health department no later than 5 working days after the date of the emergency service.
Specific Authority: 381.0011(13), 381.006, 381.0065(3)(a), 489.553(3) and 489.557(1) FS. Law Implemented: 154.01,
381.001(2), 381.0011(4), 381.0012, 381.0025, 381.006(7), 381.0061, 381.0065, 381.0067, Part 1386 FS. History: New
3-17-92, Amended 1-3-95, Formerly 1OD-6.0541, Amended 11-19-97.
64E-6.013 CONSTRUCTION MATERIALS AND STANDARDS FOR TREATMENT RECEPTACLES
(1) Concrete septic tanks - onsite wastewater treatment receptacles shall be watertight and may be built of precast
or poured in place concrete which has a design mix for unit compressive strength of at least 3000 pounds per square inch
after 28 days curing.
(a) Precast concrete septic tanks with a capacity of 1200 gallons or less shall have a minimum .mall and bottom
thickness of 2 inches. Precast tanks with a capacity exceeding 1200 gallons shall have a minimum wall and bottom thickness
of 3 inches. Precast concrete septic tanks shall contain reinforcing to facilitate handling. Septic tanks made of concrete
poured in place shall have a minimum wall and bottom thickness of 4 inches. The bottoms of concrete septic tanks shall be
monolithic and an integral part of the walls and shall not contain openings for any purpose, such as to facilitate the removal
of rainwater.
(b) Septic tanks with capacities of 1200 gallons or less shall have tops or covers of concrete with a minimum
thickness of 3 inches when precast and 4 inches when poured in place. When capacities exceed 1200 gallons, the tops shall
be precast with a minimum thickness of 4 inches.
(c) Tops shall be reinforced with 318 inch steel reinforcing rods on 6 inch centers in each direction. Whenever
vehicular traffic is anticipated to cross over the septic tank or other onsite waste receptacle, traffic lids shall be installed
with manhole covers to finished grade. Traffic lids shall be designed to support a minimum load of 10 tons.
(2) Fiberglass reinforced plastic septic tanks - the following structural requirements are applicable to fiberglass
septic tanks and tanks made of a comparable class of materials.
(a) Resins and sealants used in the tank manufacturing process shall be capable of effectively resisting the corrosive
influences of the liquid components of sewage, sewage gases and soil burial. Materials used shall be formulated to
withstand shock, vibration, normal household chemicals, deterioration from sunlight and other environmental factors, earth
and hydrostatic pressure when either full or empty.
29
EFFECTIVE MARCH 3, 1993
(b) Not less than 30 percent of the total weight of the tank shall be fiberglass reinforcement. Fiberglass tanks with
an effective liquid capacity of not over 1500 gallons shall have a minimum wall and lid thickness of 1/4 inch. However, a
wall thickness of not less than 3/16 inch will be allowed in small isolated areas of a tank. Fiberglass tank lids of less than
1/2 inch thickness shall have reinforcing and be of ribbed construction. All fiberglass tank lids shall be supplied with
directions on how to secure the lid to the body of the tank.
surface. (c) Internal surfaces shall be coated with an appropriate gel coating to provide a smooth, pore -free, watertight
(d) Tanks shall be constructed so that all parts of the tank meet the following mechanical requirements.
1. Ultimate tensile strength - mininmm 12,000 PSI when tested in accordance with ASTM D 638-89, Standard
Method of Test for Tensile Properties of Plastics.
2. Flexural strength - minimum 19,000 PSI when tested in accordance with ASTM D 790-86, Standard Method of
Test for Flexural Properties of Unreinforced and Reinforced Plastics and Electrical Insulating Materials.
3. Flexural modulus of elasticity - minimum 800,000 PSI when tested in accordance with ASTM D 790-86,
Standard Method of Test for Flexural Properties of Unreinforced and Reinforced Plastics and Electrical Insulating
Materials.
(e) A rest report from an independent testing laboratory is required to substantiate that individual tank designs and
material formulations meet the requirements of (d) 1., 2., and 3. above.
(f) Physical properties for tanks over 1500 gallons effective liquid capacity must be approved by the department.
(g) Tank lids shall be securely fastened or sealed to prevent unwarranted access to the contents of the tanks and to
make tanks vandal, tamper, and child resistant. Acceptable protection of openings may include one or more of the following
methods as specified by the tank manufacturer:
1. A padlock.
2. An "0" ring, with twist lock cover requiring special tools for removal.
3. Covers or tank lids weighing 65 pounds or more, net weight.
4. A hinge and hasp mecbanism which uses stainless steel or other corrosion resistam fasteners to fasten the hinge
and hasp to the lid and tank for fiberglass, metal or plastic lids.
(3) Septic Tank Design - the following requirements shall apply to all septic tanks manufactured for use in Florida
unless specifically exempted by other provisions of these rules.
(a) Septic tanks shall be watertight and shall have multiple compartments, or single compartment tanks shall be
placed in series to achieve required effective capacity. Except for grease interceptors and laundry tanks, single compartment
septic tanks shall not be approved unless used in series. Except as noted in this paragraph, the first chamber of a multi -
compartment tank or the first tank of two or more tanks placed in series shall have a minimum effective capacity of at least
two-thirds of the total required effective capacity. Additional chambers shall have a minimrm effective capacity equal to or
greater than one-half of the required effective capacity of the first chamber. Systems with daily flows in excess of 3500
gallons per day may utilize two tanks to achieve the total required effective capacity, provided that the first tank shall
provide no less than 50 % of the total required effective capacity.
(b) Each compartment shall have access using manholes, with each manhole having a minimum area of 225 square
inches. As of June 1, 1995, septic tanks and dosing tanks with an effective capacity of 1200 gallons or less shall have a lid
of one piece construction. Septic tanks and dosing tanks with an effective capacity of greater than 1200 gallons shall have a
one piece lid or a lid with a maximum of three sections with each being equal in size. Manholes shall be located so as to
allow access to the inlet and outlet devices. A minimum 6 inch diameter opening shall be placed at the inlet and outlet ends
of the tank lid if a minimum 18 inch by 18 inch access port is placed in the middle of the tank lid. The access manhole over
the inlet and outlet shall extend to within 8 inches of finished grade, however the entire septic tank shall be covered with a
minimum of four inches of soil cover. If a riser is used, and if the riser access lid opens directly to the tank interior, joints
around the riser and tank shall be sealed and made waterproof to prohibit intrusion of ground water into the tank. For
multi -compartment tanks or tanks in series, manholes shall extend to within 8 inches of finished grade over the first
compartment inlet and the last compartment outlet. An appropriate mechanism shall be provided to make access manholes
vandal, tamper, and child resistant. Acceptable protection of openings shall consist of one or more of the following methods
as specified by the tank manufacturer:
1. A padlock.
2. An "O" ring with twist lock cover requiring special tools for removal.
3. Covers weighing 65 pounds or more, net weight.
4. A hinge and hasp mechanism which uses stainless steel or other corrosion resistant fasteners to fasten the hinge
and hasp to the lid and tank for fiberglass, metal or plastic lids.
(c) The liquid depth of compartments shall be at least 42 inches. Liquid depths greater than 84 inches shall not be
considered in determining the effective capacity.
(d) A minimum free board or airspace of 15 percent of the effective capacity of the tank shall be provided.
(e) Tanks shall be installed level. The inlet invert shall enter the tank i to 3 inches above the liquid level of the
tank. A vented inlet tee, vented sweep or a baffle may be provided at the discretion of the manufacturer to divert the
30
EFFECTIVE MARCH 3, 1993
incoming sewage. The inlet device, if utilized, shall have a minimum diameter of 4 inches and shall not extend below the
liquid surface more than 33 percent of the liquid depth.
(f) A minimum 4 inch diameter vented outlet tee, sweep or baffle shall extend below the liquid level of the tank so
that the invert level of the outlet device is a distance not less than 30 percent nor greater than 40 percent of the liquid depth.
The outlet device shall extend at least 4 inches above the liquid level. The submerged intake orifice of the outlet fixture
shall be provided with an approved solids deflection device to reduce, by a minimum of 90 percent, the intake area of the
outlet fixture exposed to the vertical rise and fall of solid particles within the tank. Turning the intake orifice of an outlet
tee or sweep 90 degrees from the vertical will satisfy the solids deflection device requirement.
(g) The inlet and outlet devices shall be located at opposite ends of the tank so as to be separated by the
distance possible and shall be attached in a watertight manner. The building sewer can enter the side of the tank no more
than 12 inches from the inlet end of the tank if a boss stop is provided and if this construction will allow for better
plumbing routing of the building sewer to the septic tank.
(h) Sewage flow between the first and second chamber of a multi-chamber tank shall interconnect utilizing either a
minimum 4 inch diameter hole or equivalent size slot in the wall or with a minimum 4 inch diameter vented and inverted U -
fitting or a tee. Tanks in series shall interconnect utilizing a minimum 4 inch diameter vented, inverted U -fitting or a tee.
The intake of the outlet device or hole invert shall extend below the liquid surface approximately 33 percent of the tank
liquid depth.
(i) Joints and openings of tanks shall be sealed using a bonding compound that will adhere to the construction
materials of the tank and inlet and outlet devices.
0) The State Health Office's designated approval number for the tank, and the effective capacity of the tank in
gallons shall be cast or stamped into the wall or permanently stenciled or decaled onto the wall at the inlet end, to begin
within 6 inches of the top of the wall. All identifying marks shall be inscribed or affixed at the point of manufacture only.
All information supplied in the legend shall be provided with a minimum of two inch high lettering.
(k) All septic tanks, laundry tanks, graywater tanks, dosing tanks and grease interceptors distributed in the state
shall be approved for use by the department prior to being installed. Such approval shall be obtained only after the
manufacturer of a specific tank model has submitted engineered designs of the tank showing dimensions; production
materials; effective capacity; freeboard or air space; wall, bottom, and lid thickness; reinforcing materials used; and
evidence that the tank model has undergone flow testing to confirm its effective capacity and its water tightness. Such
designs shall be submitted to the DOH county health department in whose jurisdiction the manufacturing facility is located
and to the State Health Office. The State Health Office will issue an approval mtmber to the manufacturer only after
confirmation from the DOH county health department that the tank model being constructed meets specifications as set forth
by the manufacturer. Form DH 4012 shall be used to apply for septic tank mamtfacwring approval.
(I) If a limping device has been placed in the building sewer, an inlet device shall be used.
(4) Graywater retention tanks - when a separate system is installed to dispose of graywater, the retention tank for
such system shall meet the following minimum design standards.
inches. (a) The minimum effective capacity shall be as specified in rule 64E-6.008(3). Liquid depth shall be at least 30
(b) Retention tanks shall be baffled and vented as specified in the septic tank construction standards found
elsewhere in this section provided that an inlet tee, ell, or baffle shall be provided for graywater tanks.
(5) Grease interceptors - are not required for a residence. However, one or more grease interceptors are required
where grease waste is produced in quantities that could otherwise cause line stoppage or hinder sewage disposal. The design
of grease interceptors shall be based on standards found in (a) below. In addition, the following general requirements found
in (b),(c), and (d), apply when determining the proper use and installation of a grease interceptor used as a component of an
onsite sewage treatment and disposal system.
(a) Grease interceptors shall comply with structural requirements applicable to septic tanks as described in this
Chapter except that the inlet invert shall discharge a minimum 2 1/2 inches above the liquid level line and the outlet pipe
shall have a tee with a minimum diameter of 4 inches that extends to within 8 inches of the bottom of the tank, and may be
a single compartment.
(b) Interceptors must be located so as to provide easy access for routine inspection, cleaning and maintenance.
Manholes shall be provided over the inlet and outlet of each interceptor and be brought to finished grade.
(c) Where a grease interceptor is required or used, only kitchen wastewater shall first pass through the interceptor
and then be discharged into the first compartment of a septic tank or other approved system.
(d) Sizing of grease interceptors shall be based on the equations below. The minimum volume of any grease
interceptor shall be 750 gallons and the maximum volume of a single grease interceptor shall be 1250 gallons. When the
required effective capacity of the grease interceptor is greater than 1250 gallons, installation of grease interceptors in series
is required.
31
EFFECTIVE bIARCH 3, 1998
1. Restaurants: (S) X (GS) X (HR/12) X (LF) = effective capacity of grease interceptor in gallons.
S = number of seats in the [lining area.
GS = gallons of wastewater per seat: Use 25 gallons for ordinary restaurant, use 10 gallons for single
service article restaurants.
HR = number of hours establishment is open.
LF = loading factor: use 2.0 interstate highways, 1.5 other freeways, 1.25 recreational areas, 1.0 main
highways, and 0.75 other roads.
2. Other type establishments with commercial kitchens: (hn X (GM) X (LF) = effective capacity of grease
interceptor in gallons.
M = meals prepared per day.
GM = gallons of wastewater per meal: use 5 gallons.
LF = loading factor: use 1.00 with dishwashing and 0.75 without dishwashing.
(6) Laundry waste interceptor - when a separate system is installed to dispose of effluent from a single home
washing machine only, the retention tank or interceptor for such system shall meet the following minimum standards.
(a) The minimum effective capacity shall be 225 gallons.
(b) The interceptor shall be baffled and vented as specified in the septic tank construction standards found
elsewhere in this Chapter, provided that a vented inlet tee, vented sweep, or a baffle shall be provided.
(c) The interceptor shall not receive waste flow from kitchen fixtures or be used as a grease trap.
(7) Dosing Tanks - when used as part of an onsite sewage treatment and disposal system, the following
requirements shall apply to all dosing tanks manufactured for use in Florida unless specifically exempted by other
provisions of these rules.
(a) Dosing tanks shall have a minimum effective capacity of 2 times the required dose for residential applications
and 3 times the required dose for commercial applications. Pump levels shall be set so that a minimum of 2 times the
required dose volume shall be available in reserve capacity in the event of pump failure for commercial systems and 1.5
times the required dose volume for residential applications.
(b) Construction standards for dosing tanks shall be the same as for treatment receptacles, except that single
compartment tanks are allowed.
(8) Tanks used for the stabilization and storage of septage and food service sludges shall be constructed, sized, and
operated in accordance with the following provisions:
(a) Stabilization tanks and septage storage tanks shall be constructed of concrete, fiberglass, corrosion -resistant
steel, or other equally durable material. Tanks shall be watertight and shall be water tested for leaks prior to placing into
service. The tank shall have a liquid capacity of at least 3000 gallons.
(b) Wall and bottom thickness of concrete tanks shall be at a minimum equal to that required of concrete septic
tanks in tole 64E-6.013(1). Tank bottom and sidewalls shall be reinforced to prevent cracking or leakage as a result of
muting and handling of the septage. Fiberglass tanks and tanks of similar materials shall be constructed in accordance with
standards found in title 64E-6.013(2).
(c) Stabilization tanks shall contain aeration or mixing devices which will ensure thorough agitation or mixing of
lime with the waste as specified in Chapter 6, EPA 625/1-79-011, Process Design Manual for Septage Treatment and
Disposal.
Specific Authority: 381.0011(4),(13), 381.006, 381.0065(3)(a), 489.553 FS. Law Implemented: 154.01, 381.001(2),
381.0011(4), 381.0012, 381.0025, 381.006(7), 381.0061, 381.0065, 381.0067, Part 1386, 489.553, FS. History: New
12-22-82, Amended 2-5-85, Formerly IOD -6.55, Amended 3-17-92, 1-3-95, Formerly 10D-6.055, Amended 11-19-97, 2-
3-98.
64E-6.014 CONSTRUCTION STANDARDS FOR DRAINFIELD SYSTEMS
(1) Distribution box - where distribution boxes are used for distributing sewage from the septic tank or other waste
receptacle to the drainfield lines, the following requirements shall be adhered to:
(a) Distribution boxes shall be watertight, constructed of durable materials, have adequate structural strength, and
be of sufficient size to accommodate the required number of drain pipe lines.
(b) Each drainfield line shall be connected individually to the box.
(c) The invert of inlets to the box shall be at least I inch above the invert of the outlets. The invert of all outlets
shall be level with respect to each other.
(d) The distribution box shall be built as an integral part of the septic tank or shall be a separate unit set on solid
ground and anchored in the drainfield.
32
EFFECTIVE MARCH 3, 1998
(2) Header pipe - Header pipe, when used, shall be installed in compliance with the following requirements:
(a) Header pipe shall meet requirements of ASTM D 3034-89, Standard Specifications for Type PSM Poly(Vinyl
Chloride) (PVC) Sewer Pipe and Fittings, ASTM F 892-90 Standard Specification for Polyethylene (PE) Corrugated Pipe
with a Smooth Interior and Fittings, ASTM D 2729-89 Standard Specification for Poly(Vinyl Chloride)(PVC) Sewer Pipe
and Fittings, or ASTM F 810-85 for other pipe materials. Header pipe shall have a minimum inside diameter of 4 inches
for gravity flow applications. Header pipe shall not be perforated.
(b) The header pipe shall be laid level with direct, watertight connections to each drainfield line and the septic tank
outlet pipe. When installed in a drainfield which uses mineral aggregate, header pipe shall be encased in mineral aggregate,
and shall be included as part of the drainfield area. When a drainfield system is utilized which does not require the use of
mineral aggregate or the header pipe is not included within the absorption surface area, the header pipe shall not be
included in drainfield size calculations, but shall be considered part of the system. The header pipe shall be designed to
distribute effluent as equally as practical to each individual drainline and shall be supported so that the header is laid level.
(c) Pipe which connects the septic tank outlet to the header pipe or a distribution box shall comply with the
strength and material standards for header pipe as specified in this subsection.
(3) Automatic dosing - where the total required area of drainfield is greater than 1000 square feet, an automatic
dosing device discharging into a low pressure distribution network designed by a registered engineer shall be used. Plans
and equipment specifications for automatic dosing systems shall be approved by the department prior to construction or
installation. Pumps used to distribute sewage effluent must be certified by the manufacturer to be suitable for such purpose.
The use of a diner as a part of any dosing system shall not be allowed unless it is part of a design submitted by an engineer
and is approved by the department.
(a) Dosing systems with 2000 square feet of drainfield or less shall consist of a dosing tank that receives the flow
from a septic tank or other sewage waste receptacle. This dosing tank shall be at least 24 inches in diameter, or equivalent
rectangular size, and shall be provided with one or more pumps with level controls sec in accordance with the requirements
set forth in (c) and (d) of this section, and rule 64E -6.013(7)(a). Twop!ims shall be required for commercial use where
dosing is required due to drainfield size or where gravityflow into a drainfield is not possible, and estimated
establishment sewage flows exceed 500 gallons per y. The pumps use e—matey. ere dosing is required for a
commercial system for flows of 500 gallons or less per day, only oue pump -shall be required if the drainfield does not
exceed 2000 square feet) —
(b) Systems having more than 2000 square feet of drainfield shall have two dosing pumps, with each pump serving
one-half of the total required absorption area. The pumps shall dose alternately. The dosing tank shall be at least 24 inches
in diameter, or equivalent rectangular size, and the pumps shall be provided with effluent level controls set in accordance
with the requirements set forth in (c) and (d) of this section, and rile 64E -6.013(7)(a).
(c) The volume of the dosing chamber between the pump operating levels shall be adequate to assure that the entire
drainpipe is dosed each cycle.
(d) When a drainfield is installed in slightly limited soil, operating levels should be adjusted to dose the drainfield
a maximum of six time in a 24 hour period. For moderately limited soils the drainfield should be dosed no more than two
times in a 24 hour period. More frequent dosing may be allowed with Class I effluent from an approved aerobic treatment
unit.
(e) Where a septic tank or sewage waste receptacle must be placed too low to permit gravity flow into a properly
designed, constructed and located drainfield, a, pum�ma be used to lift the effluent to a pprro_Perly constructed header pipe
or ' tribudon box for effluent distritlupon by g?ariry rou out,. the dtainfield. Cliis provtsion shall apply only to
drainfielE of 1000 square feet or less of total area.
(f) An audio and visual high water Warm shall be provided in a conspicuous location visible by system users to
wam of pump failures. If the alarm is located outside, the alarm shall be waterproof and specified by the manufacturer for
outside use.
(g) A pump shall not be located within the septic tank, but shall be placed in a separate compartment or tank. A
pump system shall not be configured in a manner which will cause the liquid level line within the septic tank to fall below
the invert of the tank outlet device. Any compartment or tank in which a pump is located shall not be considered when
determining total effective capacity of a septic tank.
(4) Drain trenches and absorption beds - drain trenches and absorption beds are the standard subsurface drainfieid
systems used for disposing of effluent from septic tanks or other sewage waste receptacles. When used, these systems shall
be constructed as specified below.
(a) When utilizing the standard drain trench method, the width of the trench at the bottom shall not exceed 36
inches. For trenches of 12 inches or less, there shall be a minimum separation distance of 12 inches between the sidewalls
Of adjacent trenches; trenches greater than 12 inches require a minimum 24 inch separation between the sidewalls of
adjacent trenches.
(b) The trench method shall be the preferred method. Absorption beds may be used in lieu of the standard drain
trench method. An absorption bed consists of an area in which the entire earth content of the required absorption area is
removed and replaced with aggregate and distribution pipe or other approved alternative drainfield components. The
33
EFFECTIVE MARCH 3, 1998
distance between the centers of distribution lines in standard beds shall be a maximum of 36 inches. The distance between
the sidewall of the bed and the center of the outside drain line shall be no more than 18 inches, but shall not be less than six
inches. Where header pipe is used in lieu of a distribution box, the header shall extend to within 18 inches of the bed
sidewalls. In no case shall the bottom surface of an absorption bed exceed a total of 1500 square feet. Where two or more
beds are used to obtain the necessary absorption area, there shall be a minimum 10 foot separation between the sidewalls of
adjacent absorption beds. Absorption beds shall be designed to achieve the maximum length to width ratio practical.
(c) When installing a drainfield system that uses mineral aggregate, all portions of the header pipe and perforated
drain pipe shall be installed in aggregate conforming to ASTM C33-86 or lightweight aggregate conforming to ASTM
C330-87 meeting State of Florida Department of Transportation (FDOT) specifications under Section 901, "Standard
Specifications for Road and Bridge Construction, 1991" and the following gradation requirements.
Sieve
2IN.
11/2 IN.
1IN.
3/4 IN.
1/2 IN.
3/8 IN.
NO.4
size
Percent
90400
35-100
15-100
0-70
0-50
0-30
0-5
passing
1
In addition, not more than 3.7546 by weight of the aggregate material at the point of use shall pass a /1200 sieve.
1. Approved materials for drainfield mineral aggregate shall be limestone, slag, quartz rock, granite, river gravel,
recycled crushed concrete, lightweight aggregate and other equally durable materials.
2. The aggregate shall be labeled as drainfield aggregate on the freight bill -of -lading. Effective March 1, 1995, a
copy of the freight bill -of -lading shall be part of the documentation of aggregate size and quality and records shall be
available for department review for a period of two years from the date of purchase. This bill -of -lading shall clearly certify
that the material meets the requirements for drainfield use.
(d) Mineral aggregate material shall have a total depth of at least 12 inches extending throughout the width of the
trench or absorption bed. The distribution pipe shall have a minimum of six inches of aggregate under the pipe, but shall
not exceed 10 inches under the pipe when the total depth of aggregate is 12 inches.
(e) The drainfield in place shall be protected from infiltration of earth backfill by a barrier of polyester bonded
filament. The barrier shall be placed on top of the drainfield only. For alternative drainfield systems any required earth
backfill barrier shall be as specified by the alternative system manufacturer, which must be approved by the department at
the time of the initial alternative drainfield approval.
(f) Providing the requirements of role 64E-6.006(1),(2) and (6) are met, the maxinmm depth from the bottom of
the drainfield to the finished ground surface shall not exceed 30 inches after natural. settling. The minirmir+ earth cover over
the top of the drainfield, distribution box or header pipe in standard subsurface drainfields shall be 6 inches after natural
settling.
(g) The inside diameter of the drain pipe used in drainfields shall be determined based on the type and design of
the proposed absorption system. However, for standard gravity aggregate drainfield systems, inside pipe diameter shall not
be less than 4 inches. Perforated pipe shall have two rows of holes, and a minimum perforated area of 11/2 square inches
per linear foot. Perforations shall be located not less than 300 or more than 600 from the vertical on either side of the center
line of the bottom of the pipe. However, for drainfield systems designed by an engineer, drainpipe perforation area and
hole configuration shall assure that effluent is distributed as equally as possible throughout the drainfield area. All plastic
pipe shall conform to the standards of ASTM D 3034-89, ASTM F 405-89, Standard Specification for Corrugated
Polyethylene (PE) Tubing and Fittings, or ASTM F 810-85.
(h) Depending on the type of drainfield system being utilized, the drainfield absorption surface shall be constructed
level or with a downward slope not exceeding one inch per 10 feet. Drain lines shall be placed at the same slope as the
drainfield absorption surface.
(i) The maximum length of drain lines shall not exceed 100 feet and where two or more drain lines are used, they
shall be, as near as practical, the same length. The ends of two or more drain lines in bed and mound systems shall be
connected to produce a continuous circuit. A continuous circuit arrangement is also recommended but not required for
standard drain trench systems. However, when a continuous circuit arrangement is not used, the distal ends of the drain
lines shall be capped or sealed.
0) No part of a drainfreld shall be placed within 18 inches of the treatment or dosing tank.
(k) If lots are encountered whereby a standard drainfield system cannot meet drainfield slope or soil cover
requirements, a drop box configuration for sloping lots as per section 7.2.8.1, Chapter 7, EPA 625/1-80-012, Design
Manual for Onsite Wastewater Treatment and Disposal Systems, such section hereby incorporated by reference, may be
used at the installer's discretion for drainfield construction.
Specific Authority: 381.0011(13), 381.006, 381.0065(3)(a), 489.553(3) and 489.557(1) FS. Law Implemented: 154.01,
381.001(2), 381.0011(4), 381.0012, 381.0025, 381.006(7), 381.0061, 381.0065, 381.0067, Part 1386, FS. History: New
12-22-82, Amended 2-5-85, Formerly 1OD-6.56, Amended 3-17-92, 1-3-95, Formerly IOD -6.056, Amended 2-3-98.
34
EFFECTIVE MARCH 3, 1998
64E-6.015 PERNUTTING AND CONSTRUCTION OF REPAIRS
All repairs made to a failing onsite sewage treatment and disposal system shall be made only with prior knowledge
and written approval from the DOH county health department having jurisdiction over the system. Approval shall be
granted only if all of the following conditions are met:
(1) Any property owner or lessee who has an onsite sewage treatment and disposal system which is improperly
constructed or maintained, or which fails to function in a safe or sanitary manner shall request from the DOH county health
department, either directly or through their agent, a permit to repair the system prior to initiating repair of the system. A
permit shall be issued on Form DH 4016, hereby incorporated by reference, only after the submission of an application
accompanied by the necessary exhibits and fees. Form DH 4015, 10/96, hereby incorporated by reference, shall be used for
this purpose, and can be obtained from the department. Applications shall contain the following information:
(a) A site plan showing property dimensions, the existing and proposed system configuration and location on the
property, the building location, potable and non -potable water lines, within the existing and proposed drainfield repair area,
the general slope of the property, property lines and easements, any obstructed areas, any private or public wells, or any
surface water bodies and smrmwater systems in proximity to the onsite sewage system which restricts replacement or
relocation of the drainfield system. The existing drainfield type shall be described. For example, mineral aggregate, non-
mineral aggregate, chambers, or other.
(b) The size of the septic tank or other treatment tank currently in use and the approximate square footage and
elevation of the drainfield existing on the site.
(c) The quantity and type of waste being discharged to the system. Where water use records cannot be obtained,
estimates shall be made from values found in rule 64E-6.008, Table I.
(d) The soil textures encountered within the existing and proposed drainfield areas, and the estimated water table
during the wettest season of the year.
(e) Any unusual site conditions which may influence the system design or function such as sloping property,
drainage structures such as roof drains or curtain drains, and any obstructions such as patios, decks, swimming pools or
parking areas.
(f) The person performing the site evaluation shall provide a brief description of the nature of the failure which is
occurring.
(2) Site evaluations necessary to obtain the above referenced information shall be conducted at the expense of the
owner or lessee by department personnel, by an engineer who is registered in the State of Florida, or by other qualified
persons as per Wile 64E-6.004(3). Site specific information may be obtained by the applicant through examination of
department records of permits previously issued for the site.
(3) When a repair is to be performed on a failing system in which the contractor will be using any method other
than drainfield addition or replacement, the following additional permit application information shall be submitted to the
county health department by the contractor. This is in addition to the information required in rules 64E-6.015(1) and (2).
(a) The process used to repair the system. For example, hydrogen peroxide treatment or high-pressure injection of
air alongside the drainfield. Such information shall include the manner in which the proposed repair will take place. The
manufacturers recommended method for product use, quantities and concentration of product, shall be included in this
information.
(b) Any chemical compound to be introduced into the system in an effort to repair the system shall be identified by '
chemical composition or trade name, including the concentration and quantity of product used. The method of product
introduction shall be stated. For example, product introduced through the distribution box.
(c) Any repair method proposed which intends to physically disrupt the absorption surface shall include a drawing
of the drainfield system that includes a diagram of the sites where the absorption surface will be disrupted. The depth of
each disruption shall be recorded at each site.
(4) Where the absorption surface of the drainfield is within 6 inches of the wet season high water table, an
alternative repair method addressed in 64E-6.015(3) shall not be used. The existing drainfield shall be removed and a
replacement drainfield shall be installed in accordance with all other repair criteria, including separation from seasonal high
water table and drainfield sizing. Rule 64E-6.015(6)(1) shall be used to determine septic Link conformance.
(5) The department shall make every effort to issue a permit within 2 working days after receiving the application
for system repair. Repair permits shall be valid for 90 days from the date of issuance. However, if the system is maintained
to not create a sanitary nuisance, a repair permit shall be extended for one 90 day period.
35
EFFECTIVE MARCH 3, 1998
(6) Construction materials used in system repairs shall be of the same quality as those required for new system
construction. Contaminated spoil from drainfield repairs shall not be used in system repair in any manner. Any
contaminated spoil material shall be disposed of in a sanitary landfill or shall be limed and stockpiled for at least 30 days.
The resulting material shall not be used for drainfield repair. Any failing system shall, at a minimum, be repaired in
accordance with the following criteria:
(a) System repairs shall comply with minimum setbacks and separations as specified in role 64E-6.005. If current
required setbacks and separations cannot be met, lesser setbacks as specified in Table V shall be maintained. For repairs
only, if current required setbacks given below cannot be attained, absolute minimum setbacks shall be met. When site
conditions exist which allow either absolute or current required setbacks to various features, current required setbacks shall
be maintained from features with the highest protection factor. Setbacks to features with lower protection factors shall be
reduced to the maximum setback or separation attainable, with no less than the absolute minimum setback allowed. A
standard gravity flow system is to be used when possible to achieve the appropriate separations of absorption surface to
seasonal high water and effective soil depth.
TABLE V Repair System Setback Requirements
Permit Date
of Original
System
Description
of Setback
(Separation)
Protection Current
Factor Required
Setback
Absolute
Minimum
Setback
Prior to
System to a
6 75 feet
Greatest of
1-1-72
Private
Table
the Following:
Potable Well
- a) Maximum
c) 6 inches
Setback (<75
feet and > 50
feet)
b) Original
Setback (if
> 50 feet)
c) 50 feet
Bottom of 5
24 inches Greatest of
Dminfield
the Following:
Absorption
a) Maximum
Surface to Wet
Separation
Season Water
(>6 inches)
Table
b) Original
Separation (if
> 6 inches)
c) 6 inches
Effective 5 42 inches Greatest of
Soil Depth the Following:
a) 24 inches
b) Maximum
Separation
(> 12 inches)
c) 12 inches
System to 4 50 feet Greatest of
Surface Water the Following:
a) Maximum
Setback (> 25
feet and <50
feet)
b) Original
Setback (if
> 25 feet)
c) 25 feet
36
EFFECTIVE MARCH 3, 1993
System to 3 50 feet Greatest of
Non -Potable the Following:
Well a) Maximum
Setback (> 25
feet and <50
feet)
b) Original
Setback (if
(>25 feet)
C) 25 feet
Drainfield 2 5 feet Greatest of
Sidewall to the Following:
Start of Slope a) Maximum
Separation
(>2.5 feet)
b) 2.5 feet
System 1
5 feet Greatest of
co
the Following:
Property Line
'a) Maximum
or Building
Setback
Foundation
(>2 feet)
Table
b) 2 feet
1-1-72 to System to a 6 75 feet Greatest of
12-31-82 Private the Following:
Potable Well a) Maximum
Setback (<75
feet and > 50
feet)
b) Original
Setback (if
> 50 feet)
c) 50 feet
Bottom of 5
24 inches Greatest of
Drainfield
the Following:
Absorption
a) Maximum
Surface to Wet
Separation
Season Water
(<24 inches
Table
and >6 inches)
b) Original
Separation (if
> 6 inches)
c) 6 inches
37
EFFECTIVE INIARCH 3, 1998
Effective 5 42 inches Greatest of
Soil Depth the Following:
a) 36 inches
b) Maximum
Separation
(>24 inches)
c) 24 inches
System to 4 75 feet Greatest of
Surface Water the Following:
a) Ma:i,mum
Setback (<75
feet and > 50
feet)
b) Original
Setback (if
>50 feet)
c) 50 feet
System to 3 50 feet Greatest of
Non -Potable the Following:
Well a) Maximum
Setback (<50
feet and > 25
feet)
b) Original
Setback (if
> 25 feet)
c) 25 feet
Drainfield 2 5 feet Greatest of
Sidewall to the Following:
Start of Slope a) Maximum
Separation
(>3 feet)
b) 3 feet
System 1
5 feet Greatest of
to
the Following:
Property Line
a) Maximum
or Building
Setback
Foundation
(>2 feet)
b) 2 feet
33
EFFECTIVE kHARCH 3, 1993
1-1-83 to System to a
Present Private
Potable Well
75 feet 75 feet
Bottom of
5 24 inches Greatest of
Drainfield
the Following:
Absorption
a) Existing
Surface to
elevation (> 12
Wet Season
inches)
Water Table
b) 12 inches
Effective 5 42 inches Greatest of
Soil Depth the Following:
a) Maximum
Separation
(> 36 inches)
b) 36 inches
System to 4 75 feet Greatest of
Surface Water the Following:
a) Maximum
Setback (if
>50 feet)
b) 50 feet
System to 3 50 feet 50 feet
Non -Potable
Well
Drainfield 2 5 feet 5 feet
Sidewall to
Start of Slope
System
1 5 feet Greatest of
to
the Following:
Property Line
a) Maximum
or Building
Setback
Foundation
(if >2 feet)
b) 2 feet
Footnotes to Table V:
1. For sites which contain oolitic limestone, the minimum effective soil depth shall be 12 inches regardless of the
date the original system was installed provided that the wet season water table is a minimum of 4 feet below the bottom
surface of the drainfield.
2. Where severely limited soil underlies the drainfield, soil removal and replacement shall be performed as per
Footnote 3. to Table Ill.
(b) For systems permitted on or after January 1, 1983, if system failure is due to excessive hydraulic loading, the
original permitted drainfield shall be allowed to remain in service but shall have additional drainfield added to it. The
resulting system drainfield size shall be 50 percent larger than the drainfield originally permitted, or shall be in compliance
with drainfield sizing criteria specified in rule 64E-6.008 and 64E-6.009, whichever is larger.
(c) Minimum sizing of drainfield repairs for residential systems installed prior to 1983 shall be based on the
criteria specified below. Failed drainfields shall be replaced with drainfields meeting, at a minimum, the sizing criteria
specified below.
1. If sufficient area is available, the existing drainfield can be left in place and used as part of the system. A new
drainfield equal in size to, and separate from, the existing drainfield shall be added and flow directed to both the old and
new drainfield.
39
EFFECTIVE MARCH 3, 1998
2. Table VI and VII values are for subsurface and filled systems if the existing drainfield cannot be used as part of
the repair. Mound trench systems shall be sized 10 percent larger than the values below and 20 percent larger if absorption
beds are installed in the mound. The amount of drainfield installed during the repair shall not be less than the amount the
system had prior to the repair.
TABLE VI
Residential Sizing for Slightly Limited Soil Textures
Number of
Square Feet of
Square Feet of
Bedrooms
Trench Area
Absorption Bed
1
75
100
2
150
200
3
225
300
4
300
400
Add per bedroom
75
100
TABLE VII
Residential Sizing for Moderately -Limited Soil Textures
Number of
Square Feet of
Square Feet of
Bedrooms
Trench Area
Absorption Bed
1
100
125
2
200
250
3
300
375
4
400
500
Add per bedroom
100
125
(d) Repairs of commercial systems installed prior to 1983 shall be based on the following criteria:
1. Sewage flows shall be determined from values found in Table I of 64E-6.008 or on the highest monthly flow for
the previous 18 month period from documented water use records, whichever is higher.
2. Failed drainfields shall at a minimum, meet the sizing criteria specified below.
a. If sufficient room is available, the existing drainfield can be left in place and used as part of the system. A new
drainfield equal in size to, and separate from, the existing failed drainfield shall be added.
b. Sewage loading rates to trench or absorption bed bottom areas shall be in accordance with the values in Table
VIII which are applicable to subsurface and filled drainfield systems if the existing drainfield is replaced with a new
drainfield. Mound trench systems shall be sized 10 percent larger than the values below and 20 percent larger if absorption
beds are installed in the mound.
TABLE VIII
Drainfield Sizing for Commercial Systems Installed
Prior to 1983
in gallons/square foot/day
Trenches Absorption
Beds
Slightly limited textures 1.00 0.80
Moderately limited textures 0.65 0.50
(e) Where the cause of system failure is determined to be from mot clogging of the distribution box or drainfield
line of a system, and where removal of the root mass and replacement of damaged draiufield material will restore the
system to its original design function, upon inspection and verification of the repair work by the health unit, permit
satisfaction will be considered to be achieved.
(f) A tank need not be replaced as part of the repair if the health unit determines the tank to be structurally sound,
constructed of approved materials, and if such tank has an effective capacity within two tank sizes of the capacities required
by Table U. In addition, the tank shall be pumped and a solids deflection device shall be installed as a part of the outlet of
the tank if one is not currently in place.
(g) Repairs to a system shall not be located within 2 feet of a sleeved and sealed potable water line or 2 feet from
non -potable water lines.
(h) If the total drainfield area exceeds 1000 square feet, or if the tank is too low to permit gravity flow into the
drainfield, the drainfield shall be dosed. The requirements of rule 64E-6.014(3) and 64E -6.014(3)(a) -(e) shall be used for
dosing requirements.
(i) Setbacks from an existing system to a public well shall not be decreased from existing setbacks, but shall be
increased where practical to achieve the required setbacks as per rule 64E -6.005(1)(b) and (c).
40
EFFECTIVE MARCH 3, 1998
(7) If a repair cannot be made utilizing the standards in (6) above, all available area for drainfield repair shall be
assessed and the repair permit shall allow for the maximum size drainfield that can be accommodated in the available area
while allowing for the system to be installed above the wet season water table. Total removal of the existing drainfield and
replacement of the drainfield in its original location shall be authorized if there is no additional area to enlarge the system.
Setbacks to wells, surface waters, and other pertinent features which are less than the setbacks in (6) above shall not be
reduced below existing setbacks. Nothing in this section shall be construed to allow a drainfield to remain in the wet season
water table. The appropriate requirements for bottom of drainfield absorption surface to wet season water table separation
in Table V shall be adhered to in all repairs.
(8) If soil replacement is to be performed on any repair, the requirements of Footnote 3., Table III, shall be
adhered to.
(9) System repairs shall be performed by persons who are qualified to do so as set forth in Part IH of this rule.
(10) Except as provided for in (7) above, the amount of drainfield installed during the repair shall not be less than
the amount the system had prior to the repair.
(11) Rule 64E-6.004(7) shall be used in conjunction with this section when permitting a repair in which the
property has been divided after the original permit was issued.
(12) For inspection purposes when a drainfield is repaired using a physical disruption method, such as air
injection, the contractor shall mark the location of each injection site in an easily identifiable manner.
(a) The county health department shall inspect repairs to determine that the absorption surface of the repaired
drainfield is at least six inches above the wet season high water table, to determine the repair process was completed
according to the information provided with the repair permit application and to determine the repair site is free of sanitary
nuisance conditions.
(b) The county health department shall keep a separate file for repairs completed using physical disruption
methods. These records shall be used to provide periodic follow-up evaluations of a sampling of these systems to determine
the general long term effectiveness of this type of repair. The follow-up protocol and evaluation procedure shall be
provided by the Bureau of Onsite Sewage Programs.
Specific Authority: 381.0011(13), 381.006, 381.0065(3)(a), 489.553(3) and 489.557(1) FS. Law Implemented: 154.01,
381.001(2), 381.0011(4), 381.0012, 381.0025, 381.006(7), 381.0061, 381.0065, 381.0067, Part 1386, FS. History -New
3-17-92, Amended 1-3-95, 2-13-97, Formerly 10D-6.0571, Amended 2-3-98.
64E-6.016 U.S. DEPARTMENT OF AGRICULTURE SOIL TEXTURAL CLASSIFICATION SYSTEM
(1) Soil texture is a term commonly used to designate the proportionate distribution of different sized mineral
particles in a soil material. The three basic sizes of soil mineral particles are the sand size, the silt size and the clay size.
The sand size class is subdivided further into the subclasses of very coarse sand, coarse sand, medium sand, fine sand, and
very fine sand. Individual particles, based on their size, are grouped into separates. These soil separates are classified by
size into the groupings shown below:
Separate
Very coarse sand
Coarse sand
Medium sand
Fine sand
Very fine sand
Silt
Clay
Diameter Limit in Millimeters
2.00-1.00
1.00- .50
.50- .25
.25- .10
.10- .05
.05- .002
less than .002
(2) Florida's major soil texture classifications and some of the characteristics which can be utilized in the field for
identification of these soil texture groups is accomplished primarily by rubbing moist samples of soil material between the
fingers and observing how the material feels.
(a) Sand - Sand feels extremely gritty and does not form a ribbon or ball when wet or moist. A sand is loose and
single grained. The individual grains can readily be seen or felt.
41
EFFECTIVE MARCH 3, 1'998
(b) Loamy sand - Loamy sand feels extremely gritty and forms a weak ball that cannot be handled without
breaking.
(c) Sandy loam - A sandy loam feels extremely gritty and slightly sticky. When moist, it forms a cast that will bear
careful handling without breaking.
(d) Loam - A loam feels somewhat gritty, yet fairly smooth and slightly plastic. When moist, it forms a cast that
may be handled quite freely without breaking. Loam forms only short ribbons about 0.25 inch to 0.50 inches in length.
This soil texture is not common in Florida soils.
(e) Silt loam - Silt loam lacks grittiness and feels extremely floury when moist or dry. When dry it may appear
cloddy but the lumps can be readily broken. When moist it will form casts that can be freely handled without breaking. It
will not form a ribbon but will give a broken appearance. This soil texture is not common in Florida soils.
(f) Silt - Silt lacks grittiness and feels extremely floury when moist or dry. It will not ribbon and forms a weak ball
that will tolerate careful handling without breaking. This soil texture is extremely rare in Florida soils.
(g) Sandy clay loam - sandy clay loam feels very gritty and sticky. When moist it forms a firm ball and may form a
ribbon of one to two inches before it breaks.
(h) Clay loam - A clay loam feels very sticky with little or no grittiness. When moist it will form a ribbon that is
about one to two inches long. The moist soil is plastic and will form a cast or ball that will bear much handling. When
kneaded in the hand it does not crumble readily but tends to work into a heavy compact mass.
(i) Sandy clay - Sandy clay feels extremely sticky and very gritty. When moist and forms a firm ball and produces
a ribbon that is over two inches in length before breaking.
0) Silty clay - Silty clay feels both plastic and extremely sticky when moist and lacks any gritty feeling. It forms a
firm ball and readily ribbons to over two inches in. length before it breaks. This soil texture is not common in Florida soils.
(k) Clay - A clay feels extremely sticky and is neither gritty nor floury. When moist it forms a ribbon over two
inches in length before breaking. It will form a hard ball or cast which will not break when handled.
(1) Organic soils - Muck peat, and mucky peat are used in place of textural class names in organic soils. Muck is
well decomposed organic soil material; peat consists of raw undecomposed organic soil material; and mucky peat designates
materials intermediate in decomposition between muck and peat.
(3) Definitions of the soil texture classes according to distribution of size classes of mineral particles less than 2
millimeters in diameter are as follows:
(a) Sands - 85 percent or more sand and the percentage of silt plus 1 1/2 times the percentage of clay is 15 or less.
1. Coarse sand - 25 percent or more very coarse and coarse sand and less than 50 percent any other single grade of
sand.
2. Sand - 25 percent or more very coarse, coarse and medium sand, but less than 25 percent very coarse and coarse
sand, and less than 50 percent either fine sand or very fine sand.
3. Fine sand - 50 percent or more fine sand; or less than 25 percent very coarse, coarse, and medium sand and less
than 50 percent very fine sand.
4. Very fine sand - 50 percent or more very fine sand.
(b) Loamy sands - At the upper limit 85 to 90 percent sand and the percentage of silt plus 1 1/2 times the
percentage of clay is 15 or more; at the lower limit 70 to 85 percent sand and the percentage of silt plus twice the
percentage of clay is 30 or less.
I. Loamy coarse sand - 25 percent or more very coarse and coarse sand and less than 50 percent any other single
grade of sand.
2. Loamy sand - 25 percent or more very coarse, coarse, and medium sand and less than 50 percent either fine sand
or very fine sand.
3. Loamy fine sand - 50 percent or more fine sand; or less than 50 percent very fine sand and less than 25 percent
very coarse, coarse, and medium sand.
4. Loamy very fine sand - 50 percent or more very fine sand.
(c) Sandy loams - 20 percent or less clay and 52 percent or more sand and the percentage of silt plus twice the
percentage of clay exceeds 30; or less than 7 percent clay, less than 50 percent silt, and between 43 and 52 percent sand.
1. Coarse sandy loam - 25 percent or more very coarse and coarse sand and less than 50 percent any other single
grade of sand.
2. Sandy loam - 30 percent or more very coarse, coarse, and medium sand, but less than 25 percent very coarse
and coarse sand, and less than 30 percent either fine sand or very fine sand.
3. Fine sandy loam - 30 percent or more fine sand and less than 30 percent very fine sand; or between 15 and 30
percent very coarse, coarse, and medium sand; or more than 40 percent fine and very fine sand, at least half of which is fine
sand, and less than 15 percent very coarse, coarse, and medium sand.
4. Very fine sandy loam - 30 percent or more very fine sand; or more than 40 percent fine and very fine sand, at
least half of which is very fine sand, and less than 15 percent very coarse, coarse, and medium sand.
(d) Loam - 7 to 27 percent clay, 28 to 50 percent silt, and less than 52 percent sand.
(e) Silt loam - 50 percent or more silt and 12 to 27 percent clay; or 50 to 80 percent silt and less than 12 percent
clay.
42
EFFECTIVE MARCH 3, 1993
(i) Silt - 80 percent or more silt and less than 12 percent clay.
(g) Sandy clay loam - 20 to 35 percent clay, less than 28 percent silt, and 45 percent or more sand.
(h) Clay loam - 27 to 40 percent clay and 20 to 45 percent sand.
(i) Silty clay loam - 27 to 40 percent clay and less than 20 percent sand.
0) Sandy clay - 35 percent or more clay and 45 percent or more sand.
(k) Silty clay - 40 percent or more clay and 40 percent or more silt.
(1) Clay - 40 percent or more clay, less than 45 percent sand, and less than 40 percent silt.
Specific Authority: 154.06, 381.0011, 381.006, 381.0065, 489.553 and 489.557 FS. Law Implemented: 154.01,
381.001, 381.0011, 381.0012, 381.0025, 381.006, 381.0061, 381.0065, 381.00655, 381.0066, 381.0067, Part 1386, FS.
History: New 12-22-82, Amended 2-5-85, Formerly 1OD-6.58, Amended 3-17-92, 1-3-95, Formerly IOD -6.058.
ZW-1y, U1
64E-6.017 DEFINITIONS
Definitions in Chapter 64E-6, Parts I and III, are also applicable to Chapter 64E-6, Part II.
(1) Advanced waste treatment - a treatment which will provide a recovered water product that contains not more,
on a permitted annual average basis, than the following concentrations from a sampling point located after the treatment
system:
(a) Biochemical Oxygen Demand (CBOD5) 5 mg/1
(b) Suspended Solids 5 mg/1
(c) Total Nitrogen, expressed as N 3 mg/I
(d) Total Phosphorus, expressed as P 1 mg/l
(e) Has received disinfection as defined by Chapter 62-600.440(5), F.A.C.
(2) Building Area - that enclosed area of a dwelling unit, excluding the garage, carport, exterior storage shed, or
open or screened patios or decks. Calculations of building area shall be made by measurements of the outside building
dimensions. Building area of each additional story of the structure shall be added to determine the total building area.
(3) Cesspit - a pit, with or without a cover, that receives untreated sewage from a building and discharges the
sewage, either untreated or improperly treated, directly to the surrounding soil or limestone. A septic tank that functions as
a cesspit shall be considered a cesspit.
(4) Effective grain size - that size soil particle or grain, in millimeters, in which 10 percent by weight of the soil
particles in a sample are smaller.
(5) Injection well - an open vertical hole at least 90 feet in depth, fully cased and grouted to at least 60 feet in
depth which is used to dispose of onsite sewage treatment and disposal system effluent.
(6) Salt Marsh and Buttonwood Associations - two plant associations that are sometimes collectively or
individually referred to as the "transitional zone."
(a) The salt marsh community is a wetland area subject to tidal influence wherein the dominant vegetation includes
the following:
1. Batis maritima Saltwort
2. Distichilis spicata Salt grass
3. Fimbristylis castanea Chestnut sedge
4. Monanthoehloe littoralis Key grass
5. Salicomia spp. Glasswort
6. Sesuvium portulacastrum Sea purslane
7. Spanina spp. Cordgmss
The woody vegetation that may be present includes red, white and black mangroves, as well as buttonwood (Conocarpus
erectus); the salt marsh community is distinguished by the dominance of non -woody plants, and the woody species have a
coverage of less than 40 percent. The salt marsh community may be associated and intermixed with areas of almost bare
ground on which the vegetation may be limited to mats of algae.
(b) The buttonwood association is an association that is usually present in the more landward zone, and may
intermix with more upland communities. The vegetation may include, but is not limited to, the following species:
43
EFFECTIVE MARCH 3, 1998
1. Borrichia spp. Sea oxeye daisy
2. Bumelia celattrina Saffron plum
3. Coccoloba uWfera Sea grape
4. Conocarpus erectus Buttonwood
5. Erithalis fruticosa Black torch
6. Fimbrisrylis castonea Chestnut sedge
7. Jacquinia keyensis Joewood
8. Lycium carolinianum Christmas berry
9. Maytenus phyllanthoides Mayten
10. Spartina spp. Cordgrass
The buttonwood association is distinguished from the salt marsh association by the dominance of burtonwood ices, usually
occurring as an open stand that permits the growth of an understory of groundcovers and shrubs.
(7) Undocumented system - an onsite sewage treatment and disposal system that does not have a record of
installation, but meets system construction standards for the time period the structure was oridnally built.
(8) Uniformity coefficient - the number representing the degree of homogeneity in the distribution of particle size
of filter sand or other granular material. The coefficient is calculated by determining the ratio of the grain size in a soil
sample that has 60 percent by weight finer than itself to the grain size which has 10 percent of the soil sample by weight
finer than itself.
Specific Authority: 381.0011(4),(13), 381.006, 381.0065(3)(a) and (4)(k), FS. Law Implemented: 154.01, 381.001(2),
381.0011(4), 381.006(7), 381.0061, 381.0065, 381.00655, Part 1, 386 FS. History: New 7-15-86, Amended 3-17-92, 1-
3-95, Formerly IOD -6.062, Amended 3-3-98.
64E-6.018 SYSTEM LOCATION, DESIGN AND MAINTENANCE CRITERIA
Table III of Chapter 64E-6, Part I, and other subsections of Part I pertaining to soil texture, soil depth, and
maximum sewage loading rates for specific soils shall not apply to areas subject to the provisions of this Part except for
Table III, footnote 2. as it relates to the falling head percolation test procedure. However, maximum system loading rates,
approved system design criteria, system location, operation and maintenance requirements of subsections 64E-6.018(1), (2),
(3) shall apply. A minimum of one soil profile and one percolation test per application shall be required for site evaluations
performed in the Florida Keys. However, a soil profile and percolation test is not required when the applicant chooses the
use of an injection well for effluent disposal. The systems described in rule 64E-6.018 shall be considered as interim
systems which meet the interim level of service standard required in rule 28-20.100(58)(B), FAC. Interim systems shall be
permitted until such time as engineer -designed performance-based systems that meet or exceed advanced secondary
treatment standards as defined in rule 64E-6.025(1) are available. Notwithstanding the requirements for total nitrogen (TN)
and total phosphorus (TP) in rule 64E-6.025(1), the arithmetic mean of the TN values for the effluent samples collected
(whether grab or composite technique is used) during an annual period shall not exceed 10 mg/1 and the arithmetic mean of
the TP values for the effluent samples collected (whether grab or composite technique is used) during an annual period shall
not exceed 5 mg/1. When systems meeting AWT standards become available, such systems shall be used in place of interim
and advanced secondary treatment systems. Interim systems and advanced secondary treatment systems which have been
permitted up to that point shall not be required to be replaced with a system which meets AWT standards.
(1) A Class I aerobic treatment unit which meets the location, construction, maintenance and operational
requirements of Wile 64E -6.018(1)(a) or (b) and the certification, construction, operational and maintenance requirements of
64E-6.012 shall be approved.
(a) Where a Class I aerobic treatment unit is utilized, and where final effluent disposal is into a sand lined
drainfield system, the following general requirements shall apply:
I. For a sand -lined drainfield, a minimum 12 inch thick layer of quartz sand shall be placed beneath the bottom of
the drainfield absorption surface and a minimum 12 inch wide and minimum 24 inch thick layer of quartz sand shall be
placed contiguous to the drainfield sidewall absorption surfaces in order to provide an additional level of effluent treatment
prior to effluent passing into the surrounding natural limestone rock. Sand material shall have either an effective grain size
in the range of 0.25 millimeter to 1.00 millimeter and shall have a uniformity coefficient of less than 3.5, or the material
shall be of such size whereby at least 90 percent of the sand particles pass a U.S. Standard Number 18 sieve and less than
10 percent pass a number 60 sieve. These materials are in the USDA soil texture classes known as medium sand and coarse
sand. The county health department shall require the installer of a sand -lined drainfield system to provide certification from
the installer's sand supplier that the sand supplied for such type of installations meets the requirements of this subsection.
44
EFFECTIVE MARCH 3, 1993
2. No part of the system shall be within 25 feet of the mean high water line of tidal surface water bodies or within
25 feet of the ordinary high water line of lakes, ponds or other non -tidal surface waters or salt marsh and Buttonwood
Association habitat areas where the dominan[ vegetation species are those typical of salt marsh communities.
3. The bottom surface of the sand layer shall be at least 12 inches above mean high water.
4. The maximum sewage loading rate to an aerobic treatment unit absorption bed drainfield with underlying sand
liner shall be 1.1 gallons per square foot per day.
5. Appropriate shallow root vegetative cover shall be established over drainfield systems to maximi7 the
beneficial effects of evapotranspiration.
(b) Provided a Class I aerobic treatment unit is utilized and provided effluent from the treatment unit, prior to
discharge into an injection well, is passed through a mineral aggregate filter unit as described in rule 64E-6.018(1)(6), or
where effluent is passed through a filter unit of another design which has been determined by the State Health Office to be
at least equal to the mineral aggregate filter unit with regard to sewage treatment capability, an injection well shall be
approved provided setbacks from salt marsh/buttonwood habitats and other surface waters cannot be met by another effluent
disposal system noted above, and provided the installation is in compliance with the following:
1. An injection well shall not be permitted or installed under the provisions of this parr in any area designated by
the United States Environmental Protection Agency or the Florida Department of Environmental Protection as having a
single or sole source aquifer. Single source aquifer is defined in Chapter 62-520.200(14), F.A.C.
2. In areas where injection wells are approved for use, the DOH Monroe County Health Department shall be the
permitting agent for the aerobic treatment unit, the filter unit and the injection well, where the estimated daily domestic
sewage flow will not exceed 2000 gallons per day. For establishments having a total daily sewage flow greater than 2000
gallons per day but not greater than 10,000 gallons per day, the Monroe County Health Department shall be the permitting
authority for the aerobic treatment unit and the filter unit and DEP is the permitting agent for the injection well and any
additional associated effluent treatment device. The effluent from the treatment unit permitted by the DOH Monroe County
Health Department shall not exceed 20 mg/1 CBODS or 20 mg/1 suspended solids on a permitted annual average basis and
shall have disinfection in accordance with rule 64E-6.018(1)(6)8., F.A.C., prior to discharge into any injection well.
3. The interior of the aerobic treatment unit, the top surface of the mineral aggregate filter soil cover, and the
ground surface within a distance of at least 10 feet in all directions around the injection well, filter unit and aerobic
treatment unit shall not be subject to surface or ground water flooding. In addition, the invert of the effluent inlet pipe to
the injection well shall be a minimum 18 inches above the estimated seasonal high water level.
4. If there is adequate vertical and horizontal clearance to allow for proper maintenance, repair or replacement of
the aerobic treatment unit, filter unit and injection well, such components of the onsite sewage treatment and disposal
system shall be allowed to be placed beneath an elevated building.
5. If a mineral aggregate filter as referred to in rule 64E -6.018(1)(b) is utilized, effluent discharge from the aerobic
unit shall be by gravity or pressure distribution to a perforated pipe distribution system as specified in Part I, rule 64E-
6.014. Such distribution system shall be placed within the walls of the mineral aggregate filter, shall have at least 4 inches
of soil cover and shall be placed above a mineral aggregate filter layer which shall be at least 24 inches thick. Mineral
aggregate filter material shall have either an effective size in the range of 2.36 millimeters to 4.75 millimeters and shall
have a uniformity coefficient of less than 3.5 or the material shall be equivalent in size to Florida Department of
Transportation aggregate classification number eight or nine. The DOH Monroe County Health Department shall require
the installer of mineral aggregate filter systems to provide certification from the installer's mineral aggregate supplier that
the aggregate supplied meets requirements of this sub -paragraph.
6. The maximum sewage loading rate to the mineral aggregate filter shall be 5.5 gallons per square foot per day
based upon the top surface area of the filter layer. The maximum sewage loading rate to an approved filter unit other than a
mineral aggregate filter as described in this section shall be evaluated by the State Health Office based on unit design, size,
filter media characteristics and expected functional life of the unit.
7. Effluent having passed through a mineral aggregate filter shall collect in an underdrain for gravity or mechanical
discharge into an injection well. The underdrain shall consist of minimum 4 inch diameter perforated drainpipe which is
encased within a minimum 8 inch depth of 1/2 to 2 inch diameter washed and durable aggregate. The walls and bottom of
the filter unit shall be reinforced concrete or other material of adequate strength and durability to withstand hydrostatic and
earth stresses to which the unit will be subjected. The walls and bottom of the unit shall be made waterproof so that the
total volume of effluent passed through the mineral aggregate filter will be collected in the filter underdrain for discharge
into the injection well.
8. Prior to discharge into an injection well, effluent from the filter unit shall be disinfected by chlorination or other
disinfection method approved by the State Health Office. A minimum disinfection level equivalent to a free chlorine
residual of 0.5 milligram per liter measured at the point of effluent discharge after a minimum chlorine contact time of 15
minutes into the injection well, shall be maintained in the effluent at all times.
9. An injection well to receive an estimated daily domestic sewage flow not exceeding 2000 gallons per day shall
meet minimum construction criteria a., b. and c. of this sub -paragraph. The DOH Monroe County Health Department shall
not approve an injection well for use until the well driller has certified, in writing to the DOH Monroe County Health
Department, that the well has been installed in compliance with the provisions of this sub -paragraph. The inspection fee for
the construction of an injection well shall be $125.00.
45
EFFECTIVE MARCH 3, 1998
a. An injection well as defined in rule 64E-6.017(6), F.A.C., shall be constructed, in part, utilizing a casing of
polyvinyl chloride, commonly referred to as PVC. The minium PVC casing weight and strength classification shall be
schedule 40 and the minimum outside diameter of the casing shall be 4 inches. Other casing materials having strength and
corrosion resistance properties equal to or greater than PVC schedule 40 pipe shall also be approved.
b. An open hole having a minimum diameter of 6 inches shall extend to a depth of not less than 30 feet below the
bottom of the casing.
c. The annular space between the casing and the natural rock wall of the borehole shall be grouted the full length
of the casing.
10. A minimum of one maintenance visit every four months shall be made to those systems using injection wells
for effluent disposal. In addition to the standard aerobic treatment unit maintenance visit, the visit shall include an
inspection of the chlorination and filter units. Documents and reports required in rule 64E-6.012 shall also include the
results of these inspections and shall include information on chlorine residuals to assess compliance with the disinfection
requirements of this rule.
11. If an injection well is discontinued for effluent disposal use such injection well shall be properly abandoned
and plugged by filling the injection well from bottom to rap with cement grout.
(2) For an aerobic treatment unit treating domestic sewage flows in excess of 1500 gallons per day but nor
exceeding 10,000 gallons per day, where effluent from the treatment unit will be discharged to a soil absorption drainfield
system, the following requirements shall be met:
(a) The soil absorption dtainfield system shall be set back from surface waters by the greatest distance attainable,
but shall meet at least minimum setback and elevation requirements specified in rule 64E-6.018(1).
(b) The owner or lessee of a system shall comply with the general maintenance and operational requirements of
rule 64E-6.012(2) and (3).
(3) In conjunction with the systems specified in rule 64E-6.018(1) and (2), an applicant may use the alternative
systems described in rule 64E-6.009(1), (3), (4), (5) or (6). An alternative system shall meet the general intent of Part I
and Part II of this rule.
Specific Authority: 381.0011(4),(13), 381.006, 381.0065(3)(a) and (4)(k), FS. Law Implemented: 154.01, 381.001(2),
381.0011(4), 381.006(7), 381.0061, 381.0065, 381.00655, FS. History: New 7-15-86, Amended 3-17-92, 1-3-95,
Formerly 10D-6.063, Amended 3-3-98.
64E-6.0181 CESSPIT REPLACEMENT AND UNDOCUMENTED SYSTEM UPGRADE
Where a property is determined to have a cesspit, the cesspit shall be required to be replaced with an onsite sewage
treatment and disposal system complying with rule 64E-6.018. Where a property is determined to have an undocumented
onsite sewage treatment and disposal system, such system shall be required to be upgraded to meet the Department of
Health Policy for the Evaluation, Approval and Permitting of Fisting Onsite Sewage Treatment and Disposal Systems in
the Florida Keys, dated December 19, 1997, which is herein incorporated by reference.
Specific Authority: 381.0011(4),(13), 381.006, 381.0065(3)(a) and (4)(k), FS. Law Implemented: 154.01, 381.001(2),
381.0011(4), 381.006(7), 381.0061, 381.0065, 381.00655, 386.01, 386.03, 386.041 FS. History: New 3-3-98.
64E-6.0182 COORDINATED PERMITTING
Chapter 28-20, F.A.C., and the Memorandum Of Understanding (MOU) between Monroe County, the Department of
Community Affairs, the Department of Environmental Protection, and the Department of Health, including the Monroe
County Health Department, dated July 25, 1997, are herein incorporated by reference. Chapter 28-20, F.A.C., and the
MOU establish an interim permit allocation system for interim development and a
coordinated permit review process. Chapter 28-20, F.A.C., and the MOU prohibit new system construction permits to
serve new residential development that would allow development in excess of the number of permits that Monroe County
may issue under its' interim policy.
Specific Authority: 381.0011(4),(13), 381.006, 381.0065(3)(x) and (4)(k), FS. Law Implemented: 154.01, 381.0011(4),
381.006(7), 381.0065, 381.00655, 386.01, 386.03, 386.041, FS. History: New 3-3-98.
46
EFFECTIVE MARCH 3, 1998
Part III
64E-6.019 REQUIREMENTS FOR REGISTRATION
(1) Persons subject to registration - A person shall be subject to the requirements of this rule if he or she contracts
or advertises to provide services to the public or holds himself or herself out as being capable of performing services related
to any of the following activities in the onsite sewage treatment and disposal industry regulated by the department:
(a) Installation of onsite sewage treatment and disposal systems,
(b) Repair of onsite sewage treatment and disposal systems,
(c) Modification of onsite sewage treatment and disposal systems,
(d) Maintenance of onsite sewage treatment and disposal systems,
(e) Septic tank pumping and septage disposal services, excluding companies which only provide portable toilet or
temporary holding tank services,
(t) Abandonment of an onsite sewage treatment and disposal system.
(2) Any person seeking registration shall apply to the department to take the registration examination on Form DH
4075, 1/97, Application for Septic Tank Contractor Registration, incorporated by reference in these rules. The form is
available from the department.
(3) A person shall be eligible to take the registration examination if they submit necessary exhibits and fees and
meet the requirements of s. 489.553(4), F.S.
(a) Under the supervision and control of a registered septic tank contractor or a plumbing contractor in s.
489.553(4)(d), F.S., is defined as an employment relationship where compensation can -be documented by the regular
deduction of FICA and withholding tax and the provision of worker's compensation, all as required by law.
(b) Out-of-state work experience on a year for year basis shall be accepted for any applicant who demonstrates that
they hold a current statewide license for septic tank contracting which was issued upon satisfactory completion of an
equivalent examination and required continuing education courses for renewal. For purposes of this section, an equivalent
examination means that at a minimum, the following topics were tested and passed: system location and installation; site
evaluation criteria; system size determinations; disposal of septage; construction standards for drainfield systems and U.S.
Department of Agriculture soil textural classification system. A person employed by and under the supervision and control
of such a licensed contractor shall be granted up to two years of related work experience.
(4) Completed applications for examination must be received by the department's Onsite Sewage Program at least
30 days prior to examination. In order to be complete, the application must have all appropriate spaces filled, be signed by
the applicant, be reviewed by the county health department where the applicant provides service, include a money order or
sufficiently funded check in the correct amount and contain all necessary support documentation. Support documentation
shall include:
(a) A list of all contracts by the applicant or business organization under way at the time of filing, if any, along
with a list of all contracts completed 3 years immediately preceding the date of filing or, in the alternative, a list of the 25
most recent contracts performed. This list shall include the description of each job, location, owner, construction permit
number if applicable, date job completed, and general contractor, if applicable.
(b) Affidavits from two persons not related to the applicant for whom the applicant has provided contracted
services, stating that the applicant is of good moral character.
(c) Certification from a registered septic tank contractor of the applicant's employment dates and work
responsibilities, to include documentation of payment of federal withholding tax and social security and worker's
compensation, all a required by law.
(d) Two recent color passport style photographs, not older than 12 months and 1 1/2 X 1 1/2 inches in size.
(5) Eligible applicants must successfully complete an examination administered by the department. Minimum
passing score for the examination shall be a 70 percent correct response to all questions comprising the exam.
Specific Authority: 154.06(1), 381.0011(4),(13), 381.006, 381.0065(3)(x), 489.553(2),(3) and 489.557 FS. law
Implemented: 154.01, 381.001, 381.0011(4), 381.0012, 381.006, 381.0061, 381.0065, Part 111 489.552, 489.553 FS.
History: New 10-25-88, Amended 3-17-92, 1-3-95, 5-14-96, 2-13-97, Formerly IOD -6.072, Amended 2-3-98.
64E-6.020 MASTER SEPTIC TANK CONTRACTORS
(1) A septic tank contractor or a plumbing contractor certified under 489.105(3)(m), F.S., who is eligible under s.
489.553(5)(a) and (b), F.S., may apply to the department on form DH 4105, 10/96, Application for Master Septic Tank
47
EFFECTIVE MARCH 3, 1998
Contractor Registration, hereby incorporated by reference and available from the department, to take the master contractor
examination provided the contractor:
(a) Has been in "active" status for the three years immediately preceding the date of application. This time period
may not be interrupted by or include any registration probation or suspension imposed by the department through
administrative action.
(b) Has not been assessed more than $500 in administrative penalties by the department in the three years
immediately preceding the date of application.
(c) Does not have an outstanding fine assessed pursuant to this chapter which is in final order status and judicial
reviews are exhausted.
(d) Does not have a disciplinary case pending with the department involving septic tank contracting.
(e) Has not been convicted of, found guilty of, or entered a plea of nolo contendere to, regardless of adjudication,
a crime in any jurisdiction which is related to the practice of contracting for the three years immediately preceding the date
of application.
(f) Has completed 30 hours of master contractor course work approved by the department. At a minimum, this
course work shall include training and testing of soil classification, system design and theory, contractor ethics, system
material and construction standards, and regulatory requirements.
(2) Completed applications for exanunadon must be received by the department Onsite Sewage Program office at
least 30 days prior to examination. In order to be complete, the application must have all appropriate spaces filled, be
signed and dated by the applicant, be reviewed by'the county health department where the applicant's primary place of
business is located, and include a money order or sufficiently funded check in the correct amount.
(3) Eligible applicants must successfully complete an examination administered by the department. Minimum
passing score for the examination shall be a 70 percent correct response to the examination questions.
(4) Successful applicants shall be issued a master septic tank contractor certificate after they have paid the
registration fee
(5) Master septic tank contractor certificates shall be renewed only after the contractor has completed 12 classroom
hours of approved instruction for each renewal cycle. At least 6 classroom hours must be in an approved master contractor
course. Instructional time spent by a master septic tank contractor in providing department approved continuing education
training shall receive credit as master contractor course hours. Application for renewal shall be made on form DH 4076,
10/96, Application for Septic Tank Contractor Registration Renewal, accompanied by the required supporting
documentation and fees.
(a) A master septic tank contractor who only completes 6 classroom hours of approved instruction during the
renewal cycle shall revert to registered septic tank contractor status and shall apply for renewal under rule 64E-6.021.
(b) Applications for renewal not submitted in a timely and complete manner shall revert to inactive status. Each
application for renewal shall be considered filed in a timely manner if it is postmarked prior to close of business on the date
of expiration of the certificate. Application for renewal of an inactive certificate shall be made on form DH 4076, 10/96,
Application for Septic Tank Contractor Registration Renewal, accompanied by the required supporting documentation and
fees.
(c) The department shall deny an application for renewal for an outstanding administrative penalty with the
department where the penalty is final agency action.
(d) Master contractor certificates not renewed within one renewal cycle of the expiration date shall be considered
null and void.
Specific Authority: 154.06(1), 381.0011(4),(13), 381.006, 381.0065(3)(a), 489.553(2),(3) and 489.557 FS. Law
Implemented: 154.01, 381.001, 381.0011(4), 381.0012, 381.006, 381.0061, 381.0065, Part 111 489.552, 489.553 FS.
History: New 2-13-97, Formerly IOD -6.0725, Amended 2-3-98.
64E-6.021 ISSUANCE OF REGISTRATION CERTIFICATES AND RENEWAL
(1) Certificates of registration shall be renewed only after information has been provided to the department that the
contractor has successfully completed 6 classroom hours of approved instruction within the previous 12 -month period
regarding the public health and environmental effects of onsite sewage treatment and disposal systems and the proper
installation and use of onsite sewage treatment and disposal systems. Such information shall be accompanied by necessary
43
EFFECTIVE MARCH 3, 1993
renewal fees and a completed renewal application on form DH 4076, Application for Septic Tank Contractor Registration
Renewal, incorporated by reference in these rules.
(2) Any registration renewal application which for any reason is not submitted in a timely and complete manner
shall revert to inactive status. Each application for renewal shall be considered filed in a timely manner if the application
has been postmarked prior to the close of business on the date of expiration of the registration. If that date falls on a
weekend or legal holiday, the date of expiration shall be the first working day after the expiration date on the certificate of
registration.
(3) A registered contractor may request inactive scants. Inactive registrations not renewed in two renewal cycles
from the date of inactivation shall be considered null and void. Persons wishing to renew an inactive registration must make
application on form DH 4076 and substantiate six classroom hours of approved instruction for each year the registration
was considered inactive. Application must be accompanied by necessary exhibits and renewal fees.
(4) The department shall deny an application for renewal if there is any outstanding administrative penalty with die
department where the penalty is final agency action and all judicial reviews are exhausted.
Specific Authority: 154.06, 381.0011, 381.006, 381.0065, 489.553 and 489.557 FS. Law Implemented: 154.01,
381.001, 381.0011, 381.0012, 381.00225, 381.006, 381.0061, 381.0065, 381.00655, 381.0066, 381.0067, Part 1386, Pan
111 489 FS. history: New 10-25-88, Amended 3-17-92, 1-3-95, 5-14-96, 2-13-97, Formerly 10D-6.073.
64E-6.022 DISCIPLINARY GUIDELINES
(1) The following guidelines shall be used in disciplinary cases, absent aggravating or mitigating circumstances and
subject to other provisions of this section.
(a) Providing contracted services without obtaining registration from the department, failure to obtain a certificate
of authorization for a firm which provides contracted services, acting tinder a name not registered or authorized by the
department. First violation, letter of warning; repeat violation, $500 fine, or revocation.
(b) Permit violations.
I. Contractor initiates work to install, modify, or repair a system when no permit has been issued by the
department. A permit is issued after construction is started but prior to completion of the contracted work. No inspections
are missed. First violation, $500 fine; repeat violation, $500 fine and 90 day suspension or revocation.
2. Contracted work is completed without a permit having been issued, or no permit application is received until
after contracted work was completed, resulting in missed inspection or inspections. First violation, $1000 fine; repeat
violation, revocation.
(c) Contracting with a delinquent registration. First violation, $250 fine; repeat violation, $500 fine or revocation.
(d) Failure to call for required inspections. First violation, $250 fine; repeat violation, $500 fine and 90 day
suspension or revocation.
(e) False payment statements which are the result of assessing charges to a customer for work not performed. First
violation, $500 fine; repeat violation, $500 fine and one year suspension or revocation.
(t) Misconduct by failure to reasonably honor warranty. First violation, $500 fine; repeat violations, $500 fine and
one year suspension or revocation.
(g) Abandoning without good cause, a project in which the contractor is engaged or under contractual obligation to
perform. First violation, $500 fine; repeat violation, revocation.
(h) Aiding or abetting evasion of Chapter 489, FS. First violation, letter of warning; repeat violation, $500 fine
and one year suspension or revocation.
(i) Obtaining registration through fraud or misrepresentation. Revocation and $500 fine.
0) Convicted or found guilty of a crime relating to contracting. Use penalty for violation most closely resembling
the act underlying the conviction, repeat violation, revocation.
(k) Practicing fraud or deceit, making misleading or untrue representations. First violation, $500 fine; repeat
violation, revocation.
(1) Gross negligence, incompetence, or misconduct which:
I. Causes no monetary or other harm to a customer, or physical harm to any person. First violation, $500 fine;
repeat violation, $500 fine and 90 day suspension or revocation.
2. Causes monetary or other harm to a customer, or physical harm to any person. First violation, $500 fine and 90
day suspension; repeat violation, $500 fine and revocation.
(m) Operating a septage disposal service without a valid department operating permit. First violation, $500 fine;
repeat violation, revocation.
(a) Failure to properly treat or properly dispose of septage or food service sludge. First violation, $500 fine per
violation of Wile 64E-6.010; repeat violation, revocation.
49
EFFECTIVE MARCH 3, 1993
(o) Failure to maintain completed records of sepmge treatment and disposal activities. First violation, $250 fine;
repeat violation, $500 fine and 90 day suspension or revocation.
(p) Installation, modification, or repair of an onsite sewage treatment and disposal system in violation of the
standards of s. 381.0065 or s. 381.00655, F.S., or chapter 64E-6, F.A.C. First violation, $500 per specific standard
violated; repeat violation, 90 day suspension or revocation.
(t) Creation or maintenance of a sanitary nuisance as defined by s. 386.041, F.S. First violation, $500 fine, repeat
violation, 90 day suspension or revocation.
(r) Falsifying an inspection report or covering a system in violation of the standards of nile 64E-6.003. First
violation, $500 fine; repeat violation, 90 day suspension of master septic tank contractor privileges or revocation of
registration.
(s) The absence of any violation from this section shall be viewed as an oversight, and shall not be construed as an
indication that no penalty is to be assessed.
(2) Circumstances which shall be considered for the purposes of mitigation or aggravation of penalty shall include
the following:
(a) Monetary or other damage to the registrant's customer, in any way associated with the violation, which damage
the registrant has not relieved, as of the time the penalty is to be assessed.
(b) Actual job -site violations of this rule or conditions exhibiting gross negligence, incompetence or misconduct by
the contractor, which have not been corrected as of the time the penalty is being assessed.
(c) The severity of the offense.
(d) The danger to the public.
(e) The number of repetitions of the offense.
(f) The number of complaints filed against the contractor.
(g) The length of time the contractor has practiced and registration category.
(h) The actual damage, physical or otherwise, to the customer.
(i) The effect of the penalty upon the contractor's livelihood.
0) Any- efforts at rehabilitation.
(k) Any other mitigating or aggravating circumstances.
(3) As used in this rule, a repeat violation is any violation on which disciplinary action is being taken where the
same licensee had previously had disciplinary action taken against him or received a letter of warning in a prior case. This
definition applies regardless of the chronological relationship of the violations and regardless of whether the violations are
of the same or different subsections of this rule. The penalty given in the above list for repeat violations is intended to apply
only to situations where the repeat violation is of a different subsection of this Wile than the first violation. Where the repeat
violation is the very same type of violation as the first violation, the penalty set out above will generally be increased over
what is shown for repeat violations.
(4) Where several of the above violations shall occur in one or several cases being considered together, the
penalties shall normally be cumulative and consecutive.
(5) The provisions of this section shall not be construed so as to prohibit civil action or criminal prosecution as
provided in Part IH of Chapter 489, FS, and Section 381.0065 FS, or for a violation of any provision of part I of Chapter
386, FS. No provision of this section shall be construed as to limit the ability of the department to enter into binding
stipulation with the accused party per subsection 120.57(4), FS.
Specific Authority: 154.06(1), 381.0011(4),(13), 381.006, 381.0065(3)(a), 489.553(2),(3) and 489.557 FS. Taw
Implemented: 154.01, 381.001, 381.0011(4), 381.0012, 381.006, 381.0061, 381.0065, 381.0067, Part 1386, Part HI 489
FS. History: New 3-17-92, Amended 1-3-95, 2-13-97, Formerly IOD -6.0751, Amended 2-3-98.
64E-6.023 CERTIFICATION OF PARTNERSHIPS AND CORPORATIONS
(1) Authorization of a corporation is only effective as to that corporation; subsidiaries or parents of authorized
corporations must be separately authorized.
(a) Application for a certificate of authorization shall be trade to the department on form DH 4077, Application for
Certificate of Authorization, incorporated by reference into this rule, and shall be accompanied by all necessary exhibits and
fees.
(b) Any certificate of authorization not renewed in a timely manner shall revert to inactive smms. Applications for
renewal shall be considered timely filed if the application has been post marked prior to the close of business on the date of
expiration of the certificate. If that date falls on a weekend or legal holiday, the day of expiration shall be the first working
50
EFFECTIVE STARCH 3. 1998
day after the expiration date of the certificate. Inactive certificates not renewed within 2 years from the date of expiration
shall be considered null and void.
(2) A registered contractor may not be the sole qualifying contractor for more than one business requesting a
certificate of authorization.
(3) A business organization which loses its qualifying person shall have sixty (60) days from the date the qualifier
terminated his affiliation within which to obtain another qualifying person. This period may be extended by the department
upon a showing of good cause. During this period, the business organization may complete any existing contracts or
continuing contracts, but may not undertake new contracts.
Specific Authority: 154.06, 381.0011, 381.006, 381.0065, 489.553 and 489.557 FS. Law Implemented: 154.01,
381.001, 381.0011, 381.0012, 381.0025, 381.006, 381.0061, 381.0065, 381.00655, 381.0066, 381.0067, Part 1386, Part
111 489 FS. History: New 10-25-88, Amended 3-17-92, 1-3-95, 5-14-96, 2-13-97, Formerly IOD -6.076.
64E-6.024 FEES
Specific Authority: 154.06(1), 381.0011(4),(13), 381.006, 381.0065(3)(a), 489.553, 489.554 and 489.557 FS. Law
Implemented: 154.01, 381.001, 381.0011(4), 381.0012, 381.0025, 381.006(7), 381.0061, 381.0065, 381.0066,
489.553(2), 489.554, 489.555, 489.557, FS. History - New 10-25-88, Amended 3-17-92, 1-3-95, 5-14-96, 2-13-97,
Formerly IOD -6.077, Amended 11-19-97. Repealed 2-3-98. Editor's Note: See 64E-6.030.
PART IV
PERFORMANCE-BASED TREATMENT SYSTEMS
64E-6.025 DEFIMTIONS
Definitions in Chapter 64E-6, Parts I and II, are also applicable to Chapter 64E-6, Part IV.
(1) Advanced Secondary Treatment Standards: A wastewater system with the following operational criteria:
(a) CBOD$ and TSS
1. The arithmetic mean of the CBODS or TSS values for the effluent samples collected (whether grab or composite
technique is used) during an annual period shall not exceed 10 mg/I.
2. The arithmetic mean of the CBOD5 or TSS values for a minimum of four effluent samples, each collected (whether
grab or composite technique is used)on a separate day during a period of 90 consecutive days (quarterly) shall not exceed
12.5 mg/1.
3. The arithmetic mean of the CBOD5 or TSS values for a minimum of four effluent samples, each collected (whether
grab or composite technique is used) on a separate day of seven consecutive days shall not exceed 15 mg/l.
4. Maximum -permissible concentrations of CBODS or TSS values in any effluent grab sample at any time shall not
exceed 20 mg/1.
(b) TN
1. The arithmetic mean of the TN values for the effluent samples collected (whether grab or composite technique is
used) during an annual period shall not exceed 20 mg/l.
2. The arithmetic mean of the TN values for a minimum of four effluent samples, each collected (whether grab or
composite technique is used)on a separate day during a period of 90 consecutive days (quarterly) shall not exceed 25 mg/1.
3. The arithmetic mean of the TN values for a minimum of four effluent samples, each collected (whether grab or
composite technique is used) on a separate day of seven consecutive days shall not exceed 30 mg/l.
4. Maximum -permissible concentrations of TN values in any effluent grab sample at any time shall not exceed 40
mg/l.
(c) TP
1. The arithmetic mean of the TP values for the effluent samples collected (whether grab or composite technique is
used) during an annual period shall not exceed 10 mg/l.
2. The arithmetic mean of the TP values for a minimum of four effluent samples, each collected (whether grab or
composite technique is used)on a separate day during a period of 90 consecutive days (quarterly) shall not exceed 12.5
me/1.
51
EFFECTIVE MARCH 3, 1993
3. The arithmetic mean of the TP values for a minimum of four effluent samples, each collected (whether grab or
composite technique is used) on a separate day of seven consecutive days shall not exceed 15 mg/l.
mg/I. 4. Maximum -permissible concentrations of TP values in any effluent grab sample at any time shall not exceed 20
(d) Fecal coliform - system operation shall result in not more than 14 fecal coliform colonies per 100 ml of effluent
sample. Where chlorine is used for disinfection, the design shall include provisions for rapid and uniform mixing and a
total chlorine residual of at least 1.0 mg/I shall be maintained after at least 15 minutes contact time at the peak hourly flow.
To determine compliance of a system, the following operational criteria (using either MF or MPN methods) are applicable.
1. The arithmetic mean of the fecal coliform colonies collected during the annual period shall not exceed 14 per 100
ml of effluent.
2. The median value of the fecal coliform colonies for a minimum number of 10 samples of effluent, each collected
on a separate day during a period of 30 days (monthly) shall not exceed 14 per 100 ml of sample.
3. No more than 1090 of the samples collected during the period of 30 consecutive days shall exceed 43 fecal
coliform colonies per 100 ml of sample.
4. Any one sample shall not exceed 86 fecal coliform colonies per 100 ml of sample.
(2) Advanced Wastewater Treatment Standards: A wastewater system with the following operational criteria:
(a) CBOD5 and TSS
1. The arithmetic mean of the C13OD5 or TSS values for the effluent samples collected (whether grab or composite
technique is used) during an annual period shall not exceed 5 mg/1.
2. The arithmetic mean of the CBOD5 or TSS values for a minimum of four effluent samples, each collected (whether
grab or composite technique is used)on a separate day during a period of 90 consecutive days (quarterly) shall not exceed
6.25 mg/1.
3. The arithmetic mean of the CBOD5 or TSS values for a minimum of four effluent samples, each collected (whether
grab or composite technique is used) on a separate day of seven consecutive days shall not exceed 7.5 mg/l.
4. Maximum -permissible concentrations of CBOD5 or TSS values in any effluent grab sample at any time shall not
exceed 10 mg/1.
(b) TN
1. The arithmetic mean of the TN values for the effluent samples collected (whether grab or composite technique is
used) during an annual period shall not exceed 3 mg/1.
2. The arithmetic mean of the TN values for a minimum of four effluent samples, each collected (whether grab or
composite technique is used)on a separate day during a period of 90 consecutive days (quarterly) shall not exceed 3.75
mg/1.
3. The arithmetic mean of the TN values for a minimum of four effluent samples, each collected (whether grab or
composite technique is used) on a separate day of seven consecutive days shall not exceed 4.5 mg/l.
4. Maximum -permissible concentrations of TN values in any effluent grab sample at any time shall not exceed 6
mg/1.
(c) TP
1. The arithmetic mean of the TP values for the effluent samples collected (whether grab or composite technique is
used) during an annual period shall not exceed I mg/l.
2. The arithmetic mean of the TP values for a minimum of four effluent samples, each collected (whether grab or
composite technique is used)on a separate day during a period of 90 consecutive days (quarterly) shall not exceed 1.25
mg/l.
3. The arithmetic mean of the TP values for a minimum of four effluent samples, each collected (whether grab or
composite technique is used) on a separate day of seven consecutive days shall not exceed 1.5 mg/1.
4. Maximum -permissible concentrations of TP values in any effluent grab sample at any time shall not exceed 2.0
mg/l.
(d) Fecal coliform - system operation shall result in an effluent in which fecal coliform colonies (per 100 mi of
sample) are below detectable limits. Where chlorine is used for disinfection, the design shall include provisions for rapid
and uniform mixing; and the total chlorine residual of at least 1.0 mg/1 shall be maintained at all times. The minimum
acceptable contact time shall be 15 minutes at the peak hourly flow. To determine compliance of a system, the following
operational criteria (using either MF or equivalent MPN methods) shall be applicable
1. Fecal coliform shall be below the detection limits for 75 % of the samples collected over a 30 day period.
2. Any one sample shall not exceed 25 fecal coliform colonies per 100 ml of sample.
3. any one sample shall not exceed 5.0 mg/l of TSS at a point before application of the disinfectant.
52
EFFECTIVE MARCH 3, 19'93
(3) Baseline system standards- A passive, gravity fed subsurface trench system that is [Wade up of the following components
and characteristics, and is in compliance with Part I requirements:
(a) a dual compartment septic tank, or tanks in series,
(b) an approved outlet filter device meeting the manufacturers recommendations, installed on the septic tank discharge
outlet immediately prior to discharge into the drainfield,
(c) Anticipated effluent concentrations from the treatment tank are within the following ranges:
1. CBODS - 120-240 mg/l
2. TSS - 65-176 mg/l
3. TN - 36 - 45 mg/l
4. TP - 6- 10 mg/l
(d) a distribution box or header pipe,
(e) a mineral aggregate drainfield trench with the following characteristics
1. measures 12 inches deep by 36 inches wide
2. the rap of the drainfield no closer to the ground surface than 6 inches
3. the bottom of the drainfield no farther from the ground surface than 30 inches
4. bottom of drainfield is a minimum of 24 inches above the seasonal high water table in undisturbed natural soil
5. a 4 inch distribution line.
(0 Anticipated percolate concentrations from the baseline system prior to discharge to _groundwater is within the
following ranges:
1. CBOD5 - <5 mg/l
2. TSS - <5 mg/l
3. TN - 15 - 25 mg/l
4. TP - <5 mg/l
(4) Bottum infiltrative surface - the vertical projection of the bottom surface of the drainfield that is no lower in elevation
than 30 inches below grade.
(5) Composite sample - means a combination of individual samples of wastewater or effluent taken at selected intervals,
generally hourly or less for some specified period, to minimize the effect of the variability of the individual sample.
(6) Grab sample - a sample which is taken from a wastestream without regard to the flow in the wastestream and over a
period of time not to exceed fifteen minutes.
(7) Effective drainfield depth - the vertical distance from the bottom of the drainfield to the invert of the distribution pipe.
(8) Performance-based treatment system - a specialized onsite sewage treatment and disposal system designed by a
professional engineer with a background in wastewater engineering, registered in the state of Florida, using appropriate
application of sound engineering principles to achieve specified levels of CBODS (carbonaceous biochemical oxygen
demand), TSS (total suspended solids), TN (total nitrogen), TP (total phosphorus), and fecal coliform found in domestic
sewage waste, to a specific and measurable established performance standard. This term does not include package sewage
treatment facilities and other treatment works regulated under chapter 403.
(9) Performance System Maintenance Entity - any person or business entity which has been issued a written permit by the
county health department and has been authorized by the design engineer or manufacturer of all treatment components used
in the performance-based treatment system and provides operation and maintenance services associated with performance-
based treatment system.
(10) Secondary Treatment Standards: A wastewater system with the following operational criteria:
(a) CBODS and TSS
1. The arithmetic mean of the CBODS or TSS values for the effluent samples collected (whether grab or composite
technique is used) during an annual period shall not exceed 20 mg/l.
2. The arithmetic mean of the CBOD5 or TSS values for a minimum of four effluent samples, each collected (whether
grab or composite technique is used) on a separate day during a period of 30 consecutive days (monthly) shall not exceed 30
mg/l.
3. The arithmetic mean of the CBOD5 or TSS values for a minimum of four effluent samples, each collected (whether
grab or composite technique is used) on a separate day of seven consecutive days shall not exceed 45 mg/1.
53
EFFECTIVE bLARCH 3, 1998
4. Maximum -permissible concentrations of CBOD5 or TSS values in any effluent grab sample at any time shall not
exceed 60 mg/1.
(b) Fecal coliform - system operation shall result in not more than 200 fecal coliform colonies per 100 ml of effluent
sample. Where chlorine is used for disinfection, the design shall include provisions for rapid and uniform mixing and a
total chlorine residual of at least 0.5 mg/1 shall be maintained after at least 15 minutes contact time at the peak hourly flow.
To determine compliance of a system, the following operational criteria (using either MF or equivalent MPN methods) are
applicable.
1. The arithmetic mean of the fecal coliform colonies collected during the annual period shall not exceed 200 per 100
ml of effluent.
2. The geometric mean of the fecal coliform colonies for a minimum of 10 samples of effluent, each collected on a
separate day, shall not exceed 200 per 100 ml of sample.
3. No more than 1090 of the samples collected during a period of 30 consecutive days shall exceed 400 fecal coliform
colonies per 100 ml of sample.
4. Any one sample shall not exceed 800 fecal coliform values per 100 ml of sample.
(11) Sidewall infiltrative surfaces - the horizontal projection of the drainfield measured from the invert of the drainfield
distribution pipe to the bottom infiltrative surface, or to 30 inches below finished grade, whichever is less.
(12) Total drainfield depth - the vertical distance from the bottom of the drainfield to the top of the drainfield.
(13) Wastewater strength - the sum of the CBOD5 and TSS concentrations in the effluent.
Specific Authority: 381.0011(13), 381.006, 381.0065(3)(a), 489.553(3) and 489.557(1) FS. Law Implemented: 154.01,
381.001(2), 381.0011(4), 381.0012, 381.0025, 381.006(7), 381.0061, 381.0065, 381.0067, Part 1386, 489.553, FS.
History - New 2-3-98.
64E-6.026 APPLICATION FOR SYSTEM CONSTRUCTION PERMIT
All information required in Part I for an application for system construction permit shall be included as part of the
application for a performance-based treatment system. Additional information shall include the following.
(1) Two copies of all information shall be dated, signed and sealed by the registered engineer who designed the system, and
provided to the department. Upon any change to the design, two copies of any revisions shall be provided to the
department.
(a) System design criteria, to include performance levels for the performance-based system and monitoring
requirements and monitoring locations, and method of monitoring flow through the system. Performance levels shall be
indicated in the design as secondary treatment standards, advanced secondary treatment standards, or advanced wastewater
treatment standards, or baseline treatment. If soil is considered part of the treatment system in any performance-based
standard, monitoring points in the effluent plume within the boundaries of the property must be in compliance with the
minimum criteria for class G-1 and G-11 groundwater as specified in 62-520.420, F.A.C., hereby incorporated by reference.
(b) System design calculations for the performance-based system.
(c) System design plans and drawings for the performance-based treatment system, to include all components and
method of installation to be used in construction. A detailed installation drawing shall be included. The site plan required
in 64E -6.004(3)(a) shall be drawn to scale.
(d) Contingency plan for effluent to be collected and disposed of, or treated, in the event of system failure.
(e) Certification of design. The design engineer shall certify the design of the system to meet all applicable
performance standards. The certification shall be as follows: "I certify that the engineering features of this performance-
based treatment system have been designed or specified by me and conform to engineering principles applicable to such
projects. In my professional judgment, this system, when properly constructed, operated and maintained, will achieve the
established performance standard and comply with all applicable statutes of the State of Florida and rules of the
Department".
(i) An operation and maintenance manual shall be prepared by the design engineer and provided as part of the original
design.
54
EFFECTIVE MARCH 3, 1993
(g) All changes to the engineering specifications shall be approved and certified by the design engineer. A copy of
any changes shall be provided to the county health department for review for compliance with performance-based system
standards and approval or disapproval.
(h) All changes to the operation and maintenance manual shall be approved and certified by the design engineer. A
COPY of any changes shall be provided to the county health department for review and approval or disapproval.
(i) A cover letter addressed to the county health department staring that the applicant wishes to apply for a
performance-based treatment system.
(2) Within five working days after receipt of an application, or change to the original application, the county health
department shall request additional information if die application is not complete.
Specific Authority: 381.0011(13); 381.006, 381.0065(3)(x), 439.553(3) and 489.557(1) FS. Law Implemented: 154.01,
381.001(2), 381.0011(4), 381.0012, 381.0025, 381.006(7), 381.0061, 381.0065, 381.0067, Pan 1386, 489.553, FS.
History - New 2-3-98.
64E-6.027 PERMITS
Permits for performance-based treatment systems shall be issued in accordance with the following requirements
(1) System Construction Permit - No portion of a performance-based trearment system shall be installed, repaired, altered,
modified, abandoned or replaced until an "Onsite Sewage Treatment and Disposal System Construction Permit" has been
issued on form DH 4016. If building construction has commenced, the system construction permit shall be valid for an
additional 90 days beyond the eighteen month expiration dare. A fee shall be charged for a repair permit issued within 12
months from the date of final authorization of the performance-based treatment system . If a construction or repair permit
for a performance-based treatment system is transferred to another person, the date of the construction or repair permit shall
not be amended, but shall run from the date of original issuance prior to the transfer. Servicing or replacing with like kind
mechanical or electrical parts of a performance-based treatment system; pumping of septage from a system; or making
minor structural corrections to a tank, or distribution box, does not constitute a repair, however, all services mist be
performed by the performance system maintenance entity. Any proposed change from the original design, including
increasing or decreasing changes in flow rate, shall require that the system be reengineered to achieve the desired
performance standard under the altered conditions.
(2) Within 15 working days after the department receives a completed application for a performance-based treatment
system, the county health department must either issue a permit for the system or shall notify the applicant that the system
does not comply with the performance criteria, and refer the application to the Bureau of Onsite Sewage Programs, who
shall review the application for a determination whether the system should be approved, disapproved, or approved with
modifications. The determination of the engineer for the Bureau of Onsite Sewage Programs shall prevail over the action of
the local county health department.
(3) The applicant shall be notified of the department's determination. If the permit is denied, the applicant shall be notified
of their right to pursue a variance or seek review under the provisions of Chapter 120, F.S.
(4) System inspection - Before covering with earth and before placing the performance-based treatment system into service,
a person installing or constructing any portion of the performance-based treatment system shall notify the county health
department of the completion of the construction activities and shall have the system inspected by the department for
compliance with the requirements of this Chapter.
(a) Prior to or concurrent with a final installation inspection by the department, the professional engineer who
designed the system, or the design engineer's designee, shall observe the entire installation and shall certify in writing that
the installed system complies with the approved design and installation requirements. This certification shall read as
follows: "I certify that the engineering features of this performance-based treatment system have been examined by me and
found to substantially comply with all specifications contained in the engineering design that was the basis for issuance of
the construction permit. I certify that the operation and maintenance manual for this performance-based treatment system
has been prepared or examined by me or by an individual(s) under my direct supervision and that there is reasonable
assurance, in my professional judgment, that the system, when properly operated and maintained in accordance with this
55
EFFECTIVE MARCH 3. 1998
manual, will achieve the established performance standard and comply with all applicable statutory requirements and rules
of the departmem" .
(b) If the system construction is approved after an inspection by the county health department, the department shall
issue a "Construction Approval" notice to the installer. A drawing to depict the installation as built shall be provided to the
department prior to final system approval.
(c) If the system is found to not comply with the construction permit during the construction inspection on any type of
system installation, the county health department shall notify the engineer. The installer shall make all required corrections
and notify the county health department of the completion of the work prior to reinspection of the system. A reinspection
fee shall be charged for each additional inspection leading up to construction approval.
(d) Final installation approval shall not be granted until the county health department has confirmed that all
requirements of this Chapter, including building construction and lot grading are in compliance with plans and
specifications provided with the permit application, the system maintenance entity has been identified to the county health
department, and the property owner has executed and recorded in the public property records at the county courthouse, a
written notice that informs all subsequent property owners of the use of the performance-based treatment system, and of the
requirement for the system to be maintained, in perpetuity, in compliance with all lawful requirements. "Approved"
Installation does not imply that a system will perform satisfactorily for a specific period of time.
(5) Operating permits - No residence served by a performance-based treatment system shall be occupied until Form DH
4081, 10/96, "Application for Onsite Sewage Treatment and Disposal System Operating Permit" has been received and
approved by the department. Form DH 4081, is hereby incorporated by reference, and is available from the department.
Where a performance-based treatment system is used, only one operating permit shall be required for the system.
(a) Persons using performance-based treatment systems shall obtain an annual operating permit from the county health
department for the system. Persons operating a performance-based treatment system shall permit department personnel
right of entry to the property during normal working hours to allow for effluent sampling or evaluating the general state of
repair or function of the system.
(b) The permit shall designate the performance system maintenance entity responsible for the operation and
maintenance of the system. At a minimum, the performance system maintenance entity responsible for maintenance of the
system shall test, or cause to be tested, the performance-based treatment system in accordance with Part IV of this rule.
The frequency of testing shall be specified on the annual operating permit. The operating permit shall also specify the
observation interval to assess the operation of the system without taking monitoring samples.
(c) Systems and the structures which they serve shall be inspected by the department at least once during the term of
the annual operating permit to determine compliance with the terms of the operating permit.
(d) A copy of the signed maintenance agreement between the property owner or property lessee and an engineer -
designed performance-based system maintenance entity shall be provided to the county health department by the
maintenance entity. The maintenance agreement shall:
1. Initially be for a period of at least 2 years and subsequent maintenance agreement renewals shall be for at least 1
year periods for the life of the system.
2. Provide that a maintenance entity which desires to discontinue the provision of maintenance services, notify in
writing, the property owners and lessees and the county health department at least 60 days prior to discontinuance of
service.
3. Provide that, if a private maintenance entity discontinues business, property owners who have previously contracted
with the discontinued maintenance service shall, within 60 days of the service termination date, contract with an approved
maintenance service and provide the county health department a copy of the newly signed maintenance agreement.
4. Provide that each performance-based treatment system is inspected by an engineer -designed performance-based
system maintenance entity at least two times each year. The maintenance entity shall furnish to the county health
department a listing of all performance based treatment systems inspected or serviced during the respective reporting
period. As a minimum, reports shall indicate the system owner or building lessee, the street address of the system, the date
of system inspection or service and a statement as to the maintenance or service performed. The maintenance entity shall
also include a list of the owners who have refused to renew their maintenance agreement.
(e) The county health department shall also inspect each authorized maintenance entity, including review of their
service records and maintenance agreements. A report summarizing results of field evaluations, effluent sample analysis,
and a summary of maintenance agreement and servicing records compliance, shall be provided annually to the departments'
Bureau of Onsite Sewage Programs for a determination of the effectiveness of the provisions of this section in assuring
proper operation and maintenance of performance-based treatment systems.
56
EFFECTIVE MARCH 3, 1998
Specific Authority: 381.0011(13), 381.006, 381.0065(3)(x), 489.553(3) and 489.557(1) FS. Law Implemented: 154.01,
381.001(2), 381.0011(4), 381.0012, 381.0025, 381.006(7), 381.0061, 381.0065, 381.0067, Pan 1386, 489.553, FS.
History - New 2-3-98.
64E-6.028 LOCATION AND INSTALLATION
Performance-based treatment systems shall be installed in compliance with the following.
(1) Systems shall receive the following setbacks to the listed feature. If no setback is specified for a specific feature, Pan I
requirements shall apply unless the performance-based treatment system is located in the Florida Keys. If located in the
Florida Keys, Pan II shall be used for all setbacks.
(a) Secondary Treatment Standards. The system shall be a minimum of 65 feet from any surface water or wet
retention or detention area if the lot was platted on or after January 1, 1972.
(b) Advanced Secondary Treatment Standards
1. Surface water: The system shall be a minimum of 50 feet from any surface water or wet retention or detention area
if the lot was platted on or after January 1, 1972.
2. Groundwater interceptor drain: 10 feet
3. Dry retention area and swales: 10 feet
(c) Advanced Wastewater Treatment Standards
1. Surface water: The drainfield shall be a minimum of 25 feet from any surface water or wet retention or detention
area. The treatment unit or process containers shall be a minimum of 50 feet from any surface water or wet retention or
detention area.
2. Groundwater interceptor drain: 10 feet
3. Dry retention area and swales: 10 feet
4. Seasonal high water table to bottom of drainfield: 12 inches
(2) Systems designed to meet secondary treatment standards shall be allowed to exceed their authorized lot sewage flow
allowances by up to 25 %. Systems designed to meet advanced secondary treatment standards shall be allowed to exceed
their authorized lot sewage flow allowances by up to 50%. Systems designed to meet advanced wastewater treatment
standards shall be allowed to exceed their authorized lot sewage flow allowance by up to 100%. For example, if authorized
lot flow is 200 gallons per day, a total of 300 gallons per day lot flow will be allowed for systems designed to meet
advanced secondary treatment standards.
(3) Drainfield designs: The following alterations to drainfield requirements shall be allowed for pressure dosed systems
only.
(a) Long Term Acceptance Rate, also known as LTAR - LTAR's for sidewall infiltrative surfaces shall not exceed
1.25 times the bottom infiltrative surface LTAR for the same soil classification. Where the soil classification varies within
the drainfield soil profile, the sidewall LTAR shall be adjusted accordingly. Sidewall infiltrative surfaces may be utilized
only when a system is dosed a maximum of two times per day and the trench width is no greater than 18 inches.
(b) For septic tank effluent, maximum LTAR values shall not exceed the equivalent to the baseline standard for the
soil classification in question.(see Table W
Table IX
BOTTOM/SIDEWALL INFILTRATIVE SURFACE
MAXIb1UM EQUIVALENT LTAR's
Side LTAR : Bottom LTAR ratio =
1?5
1?5
125
1.25
Current trench bottom LTAR (gaYsq. ft/day) =
1.20
0.90
0.65
0.35
Trench width (inches)=
36.00
36.00
36.00
36.00
Effective sidewall height (inches) =
8.00
8.00
8.00
8.00
Total sidewall height (inches)=
12.00
12.00
12.00
12.00
Revised bottom LTAR (gal/sq. ft/day) =
0.77
0.58
0.42
0.23
New sidewall LTAR (gal/sq. ft/day) =
0.96
0.72
0.52
0.28
57
EFFECTIVE MARCH 3, 1998
Footnotes to Table IX.
Footnote 1. Designs that utilize onsite open trench horizontal and vertical hydraulic conductivity testing to adjust the
bottom and sidewall LTAR's shall be acceptable. The LTAR can be modified; however, the side LTAR : bottom LTAR
ratio cannot exceed 1.25 for like soils.
Footnote 2. Designs that utilize established modeling techniques to determine the maximum effective capacity (design daily
flow) of a designed drainfield system shall be acceptable.
Footnote 3. The horizontal and vertical projections of inclined surfaces cannot be considered for both sidewall and bottom
credit in the same cross section. The designer must select one or the other.
Foomote 4. - The current trench bottom LTAR's are from Part I, Table III, and are referred to as maximum sewage loading
rates in Table III.
Foomote 5 - Absorption beds shall be allowed providing the LTAR's are adjusted accordingly.
(c) Designs based on groundwater monitoring shall be site specific with auger borings in accordance with rule 64E -
6.004(3)(c), not to exceed 10 foot increments along the drainfields.
(d) Infiltrative surfaces greater than 30 inches below finished grade shall be considered ineffective in the aerobic
treatment of wastewater.
(e) Sidewall-to-sidewall separation between adjacent trenches shall be equal to or greater than 1.0 times the width for
slighdv limited soils and 2.0 times the width for moderately limited soils. A minimum separation not less than sig inches
shall be maintained between trenches.
(f) Hydraulic surge storage - the design shall protect the residence from backflow into the treatment rank.
(g) For gravity and pumped systems, the following shall apply:
1. For aggregate systems, the porosity shall be calculated at 33 %.
2. The effective storage volume of the drainfield shall be equal to or greater than 1.5 times the design daily flow.
3. The total storage volume of the drainfield shall be equal to or greater than 1.8 times the design daily flow.
(h) For any pumped systems, the following shall apply:
1. The pump chamber shall be capable of providing the reserve required to make up the difference between the actual
drainfield effective and total storage volumes provided and the effective and total storage volumes required, if applicable.
In the event of pump failure, the pump chamber shall have a reserve capacity of at least 50% of the design daily flow.
2. Pumps shall be designed in accordance with the May, 1985 Sump, Effluent and Sewage Pump Manufacturers
Association standards for the purpose intended, hereby incorporated by reference.
(i) Designs that utilize sound engineering principles and groundwater movement modeling to determine appropriate
soil replacement and digout criteria for the disbursement of the design daily flow shall be considered. Groundwater
mounding shall not be allowed to be within 18 inches of the infiltrative surface under a hydraulic stress equal to 1.5 times
the design daily flow.
0) Infiltrative surface area reductions shall be allowed for systems designed to reduce the wastewater strength of the
effluent. The baseline system shall be used for comparison with a typical average CBOD, of 140 mg/1 and TSS of 105
mg/1. The maximum reduction in infiltrative surface area shall not exceed the following standards.
1. Secondary treatment standards: 25 % reduction
2. Advanced secondary treatment standards: 30%
3. Advanced wastewater treatment standards: 40%
Reductions shall not be permitted if all other design requirements are not met. For example, the hydraulic surge storage
requirements in rule 64E-6.028(3)(Rh) above must be sufficient in the dminfield size specified.
Specific Authority: 381.0011(13), 381.006, 381.0065(3)(a), 489.553(3) and 489.557(1) FS. Law Implemented: 154.01,
381.001(2), 381.0011(4), 381.0012, 381.0025, 381.006(7), 381.0061, 381.0065, 381.0067, Part 1386, 489.553, FS.
History - New 2-3-98.
64E-6.029 MONITORING
Monitoring requirements - All performance-based treatment systems shall be monitored in compliance with the following
requirements.
(l) Advanced wastewater [reatment systems
(a) A maintenance report shall be kept by the performance system maintenance entity. A copy of all maintenance
reports shall be provided to the county health department on moodily intervals, to begin one month after system operation
53
EFFECTIVE SIARCII 3.1998
has started. After the first six reports are provided to the county health department, reports shall be provided once every
three months. All reports must be legible. The report shall include the following information.
1. Address of performance-based treatment system.
2. Date and time of inspection.
3. Sample collection time and date, and person who collected sample.
4. Results of all sampling.
5. Volume of effluent treated, to include total monthly and daily average.
6. Maintenance performed.
7. Problems noted with performance-based treatment system and actions taken or proposed to overcome them.
8. During the first six months of system operation, or after the system has failed, systems shall be monitored a
minimum of once every two weeks. Monitoring shall include sampling for CBODS, TSS, TN, TP and fecal coliform.
Monitoring shall occur at the time the system is expected to be at capacity, or as close to capacity as possible. Re -sampling
within 48 hours of receipt of laboratory results shall be allowed on all samples that exceed design parameters in order to
evaluate the validity of the original sample results. If the re -sample is in compliance with the appropriate performance-
based standard, the original result shall be disregarded. Laboratories must be approved by the department or the
Department of Environmental Protection for all analyses performed. All results shall be certified by the laboratory.
a. If any two consecutive samples exceed design treatment standards by more than 100%, the system design and
operation shall be inspected by the design engineer for conformance with permitting requirements, and shall be adjusted to
bring the effluent quality into compliance with permitting requirements. Monitoring shall be increased to once per week,
or more if the design engineer specifies such, until such time the violation is corrected. When two consecutive samples are
within 100% of the design parameters, monitoring shall be reduced to once every two,weeks. For example, if the design
parameter is 10 mg/l CBODr•, a reading of 20 mg/1 CBOD$ exceeds the standard by 100%.
b. After a six month period of compliance with all applicable performance standards, sampling shall be performed
quarterly.
c. When an applicant installs a system designed to meet advanced wastewater treatment standards, the monitoring
frequency shall be reduced by 50% if only one of the following three location and installation requirements is used and the
other two remain at the standards required of prescriptive systems. The three requirements are:
(I) Setbacks required in 64E -6.028(1)(a -c).
(II) Seasonal high water table 64E -6.028(1)(d).
(IID Authorized lot flow 64E-6.028(2).
(b) When four consecutive once every two week samples from a system are at or below the applicable standard,
sampling frequency shall be reduced to quarterly.
(c) When eight consecutive quarterly samples from a system are below the applicable standard, sampling frequency
shall be reduced to once every six months.
(d) All reports of operating permit violations shall be reported to the department within five working days.
(e) If the system cannot be brought into compliance with design parameters, the contingency plan must be enforced.
(f) All failures of the performance-based treatment system shall be reported to the county health department by the
maintenance entity within one working day from discovery of failure. The testing laboratory shall mail copies of all results
to the county health department.
(g) Testing performed during periods of system non-use that exceed one week, shall not qualify as legitimate samples
for purposes of compliance with any provisions of this rule.
(2) All other performance-based treatment systems shall be monitored via placing a minimum of two observation ports in
the drainfield, Monitoring will consist of recording depth of effluent ponding in the drainfield in at least two places on a
mouddy basis during the first six months and quarterly thereafter.
(3) Any performance based treatment system that is out of compliance with the terms of the operating permit shall be re-
engineered by an engineer registered in the State of Florida. The system shall be brought into compliance with treatment
standards required at the time of system permitting.
(4) The following shall be considered as violations of the performance based treatment system:
(a) The failure to maintain equipment in a condition which will enable the intended function.
(b) The submission, by the owner, manager or maintenance entity of a performance based treatment system, or agent
or employee thereof, of misleading, false, or inaccurate information or operational reports to the department, either
knowingly or through neglect.
(c) The submission of fraudulent data produced with an intention to deceive including the following:
59
EFFECTIVE MARCH 3, 1998
I . Apparent measurement results for which no measurement or test results were actually made as determined by the
absence of the supporting records which are usually made.
2. Measurements or test results obtained by deliberately and knowingly making measurements or collecting samples at
places and times other than as specified in this chapter.
3. Test results obtained through use of unapproved and erroneous sampling, preservation, storage, or analysis
procedures.
4. Computational errors, misunderstandings of required procedures and other common errors are excluded.
Specific Authority: 381.0011(13), 381.006, 381.0065(3)(a), 489.553(3) and 489.557(1) FS. Law Implemented: 154.01,
381.001(2), 381.0011(4), 381.0012, 381.0025, 381.006(7), 381.0061, 381.0065, 381.0067, Part 1386, 489.553, FS.
History - New 2-3-98.
Part V
64E-6.030 FEES
(1) The following fees are required to accompany applications for site evaluations, construction or repair permits, and
other services provided by the department, but do not include performance-based treatment systems.
(a) Application for permitting of an onsite sewage treatment and disposal
system, which includes application and plan review $ 25
(b) Site evaluation for a new system winch includes an evaluation of criteria
specified in rule 64E-6.004(3) $ 60
(c) Site evaluation for a system repair which includes an evaluation of criteria
specified in rule 64E-6.015(1). $ 40
(d) Site re-evaluation, new or repair $ 40
(e) Permit for new system, including standard subsurface, filled or mounded
60
EFFECTIVE MARCH 3, 1998
system
$ 55
(f)
New system installation inspection
$ 55
The
following research fee is to be collected in addition to, and concurrent with the
permit for a new system installation fee
$ 5
(g)
Repair permit issuance, which includes inspection
$ 50
(h)
Inspection of System Previously in Use
$ 50
(i)
Reinspection fee per visit for site inspections after system construction
approval
$ 25
(j)
Installation reinspection for non-compliant system per each site visit
$ 25
(k)
System abandonment permit, includes permit issuance and inspection
$ 40
(1)
Annual operating permit fee for systems in industrial, manufacturing, and
equivalent areas, and for systems receiving commercial sewage waste
$150
Amendments or changes to the operating permit during the permit period per
change or amendment
$ 25
(m)
Aerobic treatment unit operating permit per annum
$150
(n)
Tank Manufacturer's Inspection per annum
$100
(o)
Septage Disposal Service permit per annum
$ 50
Additional charge per pumpout vehicle
$ 25
(p)
Portable or Temporary Toilet Service permit per annum
$ 50
Additional charge per pumpout vehicle
$ 25
(q)
Septage stabilization facility inspection fee per annum per facility
$150
(r)
Septage disposal site evaluadon fee per annum
$100
(s)
Aerobic treatment unit maintenance entity permit per annum
$ 25
(t)
Variance Application for a single family residence per each lot or building site
$150
(u)
Variance Application for a multi -family or commercial building per each
building site
$200
(v)
Application for innovative product approval
$500
60
EFFECTIVE MARCH 3, 1998
(2) Except for the time limited research fee which is to be placed in a designated account, all fees collected pursuant to
rule 64E -6.030(1)(a) through (s) shall be deposited in an individual county health department trust fund to be used to meet
the cost of administering the onsite sewage treatment and disposal program.
(3) The following fees are required to accompany applications for registration of individuals for septic tank contractor
or master septic tank contractor or for a certificate of authorization for partnerships and corporations.
(a) Application for registration including examination $75
(b) Initial registration $100
(c) Renewal of registration $100
(d) Certificate of authorization each two-year period $250
(4) The following fees are required to accompany applications for site evaluations and for construction or repair permits
for performance-based treatment systems.
(a) Application for permitting of a new performance-based treatment system,
which includes application and plan review $125
(b) Permit for new performance-based treatment system $125
(c) Installation inspection for a new performance-based treatment system $ 75
The following research fee is to be collected in addition to, and concurrent with the
permit for a new performance-based treatment system installation fee $ 5
(d) Repair permit issuance for a performance-based treatment system ,
which includes inspection $125
(e) Inspection of a performance-based treatment system previously in use $ 25
M Reinspection fee per visit for site inspections after system construction approval $ 25
(g) Installation reinspection for non-compliant system per each site visit $ 50
(h) Performance-based treatment system abandonment permit, includes permit
issuance and Inspection $ 75
(i) Annual operating permit fee for performance-based treatment system. Fee
is to be charged beginning with second year of operation. $200
Review of application due to proposed amendments or changes after initial operating
permit issuance. $ 75
(jVariance Application for a single family residence with a performance-based
treatment system $150
(5) Except for the research fee which is to be placed in a designated account, all fees collected pursuant to rule 64E -
6.030(4)(a) though (i)shall be deposited in an individual county health department trust fund to be used to meet the cost of
administering the onsite sewage treatment and disposal program.
Specific Authority: 381.0011(13), 381.006, 381.0065(3)(a), 381.0066, 489.553(3) and 489.557(1) FS. Law Implemented:
154.01, 381.001(2), 381.0011(4), 381.0012, 381.00275, 381.006(7), 381.0061, 381.0065, 381.0066, 381.0067, Part I
386, 489.553, 489.554, 489.555, 489.557, FS. History - New 2-3-98.
61
EFFECTIVE MARCH 3, 1993
TITLE %SLR
PUBLIC HEALTH
CHAPTER 381
PUBLIC HEALTH; GENERAL PROVISIONS
331.001 Legislative intent; public health system. --
(1) It is the intent of the Legislature that the Department
of Health be responsible for the state's public health
system which shall be designed to promote, protect, and
improve the health of all people in the state. The
mission of the state's public health system is to foster
the conditions in which people can be healthy, by
assessing state and community health needs and
priorities through data collection, epidemiologic studies,
and community participation; by developing
comprehensive public health policies and objectives
aimed at improving the health status of people in the
state; and by ensuring essential health care and an
environment which enhances the health of the individual
and the community. The Legislature recognizes that the
state's public health system must be founded on an
active partnership between federal, state, and local
government and between the public and private sectors,
and, therefore, assessment, policy development, and
service provision must be shared by all of these entities
to achieve its mission.
(2) It is the intent of the Legislature that the department,
in carrying out the mission of public health, focus
attention on identifying, assessing, and controlling the
presence and spread of communicable diseases; on
monitoring and regulating factors in the environment
which may impair the public's health, with particular
attention to preventing contamination of drinking water,
the air people breathe, and the food people consume;
and ensuring availability of and access to preventive and
primary health care, including, but not limited to, acute
and episodic care, prenatal and postpartum care, child
health, family planning, school health, chronic disease
Prevention, child and adult immunization, dental health,
nutrition, and health education and promotion services.
(3) It is, furthermore, the intent of the Legislature that
the public health system include comprehensive
planning, data collection, technical support, and health
resource development functions. These functions
include, but are not limited to, state laboratory and
pharmacy services, the state vital statistics system, the
State Center for Health Statistics, emergency medical
services coordination and support, and recruitment,
retention, and development of preventive and primary
health care professionals and managers.
(4) It is, furthermore, the intent of the Legislature that
die department provide public health services through
die 67 county health departments in partnership with
county governments, as specified in part I of chapter
154, and in so doing make every attempt possible to
62
solicit the support and involvement of private and not-
for-profit health care agencies in fulfilling the public
health mission.
History.—s. 2, ch. 91-297; s. 28, ch. 97-101.
381.0011 Duties and powers of the Department of
Health.—It is the duty of die Department of Health to:
(1) Assess the public health status and needs of the state
through statewide data collection and other appropriate
means, with special attention to future needs that may
result from population growth, technological
advancements, new societal priorities, or other chanes.
(2) Formulate general policies affecting the public health
of the state.
(3) Develop a comprehensive public health plan that
addresses all aspects of the public health mission and
establishes health status objectives m direct the use of
public health resources with an emphasis on prevention.
(4) Administer and enforce laws and rules relating to
sanitation, control of communicable diseases, illnesses
and hazards to health among humans and from animals
to humans, and the general health of the people of the
state.
(5) Cooperate with and accept assistance from federal,
state, and local officials for the prevention and
suppression of communicable and other diseases,
illnesses, injuries, and hazards to human health.
(6) Declare, enforce, modify, and abolish quarantine as
the circumstances indicate. Any health regulation that
restricts travel or trade within the state may not be
adopted or enforced in this state except by authority of
the department.
(7) Provide for a thorough investigation and study of the
incidence, causes, modes of propagation and
transmission, and means of prevention, control, and cure
of diseases, illnesses, and hazards to human health.
(8) Provide for the dissemination of information to the
public relative to the prevention, control, and cure of
diseases, illnesses, and hazards to human health. The
department shall conduct a workshop before issuing any
health alert or advisory relating to food -borne illness or
communicable disease in public lodging or food service
establishments in order to inform persons, trade
associations, and businesses of the risk to public health
and to seek the input of affected persons, trade
associations, and businesses on the best methods of
informing and protecting the public, except in an
emergency, in which case the workshop must be held
within 14 days after the issuance of the emergency alert
or advisory.
(9) Act as registrar of vital statistics.
(10) Cooperate with and assist federal health officials in
enforcing public health laws and regulations.
(11) Cooperate with other departments, local officials,
and private boards and organizations for the
improvement and preservation of the public health.
(12) Cooperate with other departments, local officials,
and private organizations in developing and
implementing a statewide injury control program.
(13) Adopt, repeal, and amend rules consistent with
law. This subsection does not authorize the department
to require a permit or license unless such requirement is
specifically provided by law.
(14) Perform any other dudes prescribed by law.
History.—s. 3, ch. 91-297; s. 13, ch. 93-53; s. 29, ch.
97-101.
381.0012 Enforcement authority.—
(1) The department may commence and maintain all
proper and necessary actions and proceedings to enforce
the rules adopted pursuant to this chapter and may
defend all actions and proceedings involving the
department's powers and dudes.
(2) The departmem may apply for an injunction to the
proper circuit court, and the judge of that court upon
hearing and for cause shown may grant a temporary or
permanent injunction, or both, restraining any person
from violating or continuing to violate anv of the
provisions of this chapter or from failing or refusing to
comply with the requirements of this chapter. A
permanent injunction may be issued without bond.
However, a temporary injunction may not be issued
without bond except after a hearing of which the
respondent has been given not less than 7 days' prior
notice. A temporary injunction may not be issued
without bond which limits or prevents operations of an
industrial, manufacturing, or processing plant, unless at
the hearing, it is shown by clear, certain, and
convincing evidence that irreparable injury will result to
the public from the failure to issue the temporary
injunction. If a temporary injunction or restraining order
is improperly or erroneously granted, the state is liable
in damages and to the extent provided for in chapter
768.
(3) The department may commence and maintain all
proper and necessary actions and proceedings to compel
the performance of any act specifically required of any
person, officer, or board by any law of this state
relating to public health.
(4) The department may appear before any magistrate
empowered to issue warrants in criminal cases and
request die issuance of a warrant. The magistrate shall
issue a warrant directed to any sheriff, deputy, or police
officer to assist in any way to carry out dre purpose :and
intent of this chapter.
(5) It shall be the duty of every state and county
attorney, sheriff, police officer, and other appropriate
city and county officials upon request to assist the
63
department or any of its agents in enforcing the state
health laws and the rules adopted under this chapter.
History.—s. 4, ch. 91-297.
381.0013 Eminent domain.—Whenever the department
shall find it necessary to acquire private property for due
use of the department and to be occupied by the
department, the department may exercise the power of
eminent domain and to proceed to condemn the property
in the manner provided by chapter 73.
History.—s. 1, ch. 57-232; ss. 19, 35, ch. 69-106; s. 5,
ch. 91-297.
Note.—Former s. 381.062.
381.0014 Regulations and ordinances superseded. --
The rules adopted by the department under the provisions
of this chapter shall, as to matters of public health,
supersede all rules enacted by other state departments,
boards or commissions, or ordinances and regulations
enacted by municipalities, except that this chapter does
not alter or supersede any of the provisions set ford[ in
chapters 502 and 503 or any rule adopted under the
authority of those chapters. Any rules adopted by the
department under the provisions of this chapter relating
to the sanitary practices for the production, handling,
and processing of milk, to dairies, and to milk plants
shall be only for the purpose of carrying out the
provisions of is. 502.211(3).
History.—s. 2, ch. 29834, 1955; ss. 19, 35, ch. 69-106;
s. 1, ch. 76-235; s. 56, ch. 77-147; s. 6, ch. 91-297.
'Note.—Repealed by s. 14, ch. 94-92.
Note.—Former s. 381.071.
381.0015 Presumptions.—The authority, action, and
proceedings of the department in enforcing the rules
adopted by it under the provisions of this chapter shall be
regarded as judicial in nature and treated as prima facie
just and legal.
History.—s. 2, ch. 29834, 1955; ss. 19, 35, ch. 69-106;
s. 57, ch. 77-147; s. 7, ch. 91-297.
Note.—Former s. 381.081.
381.0016 Municipal regulations and ordinances.—Any
municipality may enact, in a manner prescribed by law,
health regulations and ordinances not inconsistent with
state public health laws and rules adopted by the
department.
Historv.—s. 2, ch. 29834, 1955; ss. 19, 35, ch. 69-106;
s. 59, L. 77-147; s. 8, ch. 91-297.
Note.—Former s. 381.101.
331.0025 Penalties. --
(1) Any person who violates any of the provisions of this
chapter, any quarantine, or any rule adopted by die
depanment under the provisions of this chapter is guilty
of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
(2) Any person who interferes with, hinders, or opposes
any employee of the department in the discharge of his
or her duties pursuant to the provisions of this chapter,
chapter 386, chapter 513, or chapter 514, or who
impersonates an employee of the department, is guilty
of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
(3) Any person who maliciously disseminates any false
rumor or report concerning the existence of any
infectious or contagious disease is guilty of a
misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
History.—s. 2, ch. 29834, 1955; ss. 19, 35, ch. 69-106;
s. 330, ch. 71-136; s. 5, ch. 79-12; s. 98, ch. 86-220; S.
1, ch. 88-177; s. 13, ch. 91-297; s. 648, ch. 95-148; s.
7, ch. 96-293.
Note.—Former s. 381.411.
381.00315 Public health advisories.—The State Health
Officer is responsible for declaring public health
emergencies and issuing public health advisories. Prior
to issuing any health advisory, the State Health Officer
must consult with any state or local agency regarding
areas of responsibility which may be affected by such
advisory. Upon determining that issuing a health
advisory is necessary to protect the public health and
safety, and prior to issuing the advisory, the State
Health Officer must notify each county health
department within the area which is affected by the
advisory of the State Health Officer's intent to issue the
advisory. The State Health Officer is authorized to take
any action appropriate to enforce any health advisory.
History.—s. 16, ch. 96-403; s. 63, ch. 97-100.
381.006 Environmental health.—The department shall
conduct an environmental health program as part of
fulfilling the state's public health mission. The purpose
of this program is to detect and prevent disease caused
by natural and manmade factors in the environment.
The environmental health program shall include, but not
be limited to:
(1) A drinking water function.
(2) An environmental health surveillance function which
shall collect, compile, and correlate information on
public health and exposure to hazardous substances
through sampling and testing of water, air, or foods.
Environmental health surveillance shall include a
comprehensive assessment of drinking water under the
department's supervision and an indoor air quality
testing and monitoring proamm to assess health risks
64
from exposure to chemical, physical, and biological
agents in the indoor environment.
(3) A toxicology and hazard assessment function which
shall conduct toxicological and human health risk
assessments of exposure to toxic agents, for the purposes
of:
(a) Supporting determinations by the State Health Officer
of safe levels of contaminants in water, air, or food if
applicable standards or criteria have not been adopted.
These determinations shall include issuance of health
advisories to protect the health and safety of the public at
risk from exposure to toxic agents.
(b) Provision of human toxicological health risk
assessments to the public and other governmental
agencies to characterize the risks to the public from
exposure to contaminants in air, water, or food.
(c) Consultation and technical assistance to the
Department of Environmental Protection and other
governmental agencies on actions necessary to
ameliorate exposure to toxic agents, including the
emergency provision by the Department of
Environmental Protection of drinking water in cases of
drinking water contamination that present an imminent
and substantial threat to the public's health, as required
by s. 376.30(3)(c)l.a.
(d) Monitoring and reporting the body burden of toxic
agents to estimate past exposure to these toxic agents,
predict future health effects, and decrease the incidence
of poisoning by identifying and eliminating exposure.
(4) A sanitary nuisance function, as that term is defined
in chapter 386.
(5) A migrant labor function.
(6) A public facilities function, including sanitary
practices relating to state, county, municipal, and private
institutions serving the public; jointly with the
Department of Education, publicly and privately owned
schools; all places used for the incarceration of prisoners
and inmates of state institutions for the mentally ill;
toilets and washrooms in all public places and places of
employment; any other condition, place, or
establishment necessary for the control of disease or the
protection and safety of public health.
(7) An onsite sewage treatment and disposal function.
(8) A biohazardous waste control function.
(9) A function to control diseases transmitted from
animals to humans, including the segregation,
quarantine, and destruction of domestic pets and wild
animals having or suspected of (raving such diseases.
(10) An environmental epidemiology function which
shall investigate food -borne disease, waterborne disease,
and other diseases of environmental causation, whether
of chemical, radiological, or microbiological origin. A
310 surcharge for this function shall be assessed upon all
persons permitted under chapter 500. This function shall
include an educational program for physicians and health
Professionals designed to promote surveillance and
reporting of environmental diseases, and to further the
dissemination of knowledge about the relationship
between toxic substances and human health which will
be useful in the formulation of public policy and will be
a source of information for the public.
(11) Mosquito and pest control functions as provided in
chapters 388 and 482.
(12) A radiation control function as provided in chapter
404 and part IV of chapter 468.
(13) A public swimming and bathing facilities function
as provided in chapter 514.
(14) A mobile home park, lodging park, recreational
vehicle park, and recreational camp function as
provided in chapter 513.
The department may adopt rules to carry out the
provisions of this section.
History.—s. 21, ch. 91-297; s. 1, ch. 92-180; s. 27, ch.
93-150; s. 4, ch. 93-151; s. 351, ch. 94-356.
381.0061 Administrative fines.—
(1) In addition to any administrative action authorized
by chapter 120 or by other law, the department may
impose a fine, which shall not exceed $500 for each
violation, for a violation of s. 381.0065, s. 381.0066, s.
381.0072, or part III of chapter 489, for a violation of
any rule adopted under this chapter, or for a violation of
any of the provisions of chapter 386. Notice of intent to
impose such fine shall be given by the department to the
alleged violator. Each day that a violation continues
may constitute a separate violation.
(2) In determining the amount of fine to be imposed, if
any, for a violation, the following factors shall be
considered:
(a) The gravity of the violation, including the
probability that death or serious physical or emotional
harm to any person will result or has resulted, the
severity of the actual or potential harm, and the extent
to which the provisions of the applicable statutes or
rules were violated.
(b) Actions taken by the owner or operator to correct
violations.
(c) Any previous violations.
(3) All amounts collected under this section shall be
deposited into an appropriate trust fund of the
department.
History. --s. 4, ch. 80-351; s. 2, ch. 85-300; s. 13, ch.
89-324; s. 22, ch. 91-297; s. 7, ch. 92-180.
Note. --Former s. 381.112.
381.0064 Continuing education courses for persons
installing or servicing septic Links.--
(1) The Department of Health shall conduct continuing
education courses for pumpout operators, environmental
65
health specialists, and master plumbers who install septic
tanks or service septic tanks. The course of study
required must consist of at least two 6 -classroom -hour
courses of instruction a year regarding the public health
and environmental effects of onsite sewage treatment and
disposal systems and any other matters the department
determines desirable for the safe installation and use of
onsite sewage treatment and disposal systems. The
department may charge a fee to cover the cost of such
course of study; however, such fee must take into
account any moneys collected under s. 381.0066 and
appropriated to the department for the purpose of this
section.
(2) The department shall also approve other cominaing
education courses for pumpout operators, environmental
health specialists, and master plumbers who install septic
Links or service septic tanks, which courses meet the
purposes of this section and consist of at least two 6 -
classroom -hour courses of instruction a year.
(3) Septic tank contractors and master septic tank
contractors registered under part III of chapter 489 shall
meet the continuing education requirements set forth in
s.489.554.
History.—ss. 1, 2, 3, ch. 85-314; s. 59, ch. 91-224; S.
25, ch. 91-297; s. 5, ch. 93-151; s. 9, ch. 96-303; S.
180, ch. 97-101.
Note.—Former s. 381.262.
381.0065 Onsite sewage treatment and disposal
Systems; regulation. --
(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," as applied to a publicly owned or
investor-owned sewerage system, means that the publicly
owned or investor-owned sewerage system is capable of
being connected to the plumbing of an establishment or
residence, is not under a Department of Environmental
Protection moratorium, and has adequate permitted
capacity to accept the sewage to be generated by the
establishment or residence; and:
1. For a residential subdivision lot, a single-family
residence, or an establishment, any of which has an
estimated sewage flow of 1,000 gallons per day or less, a
gravity sewer line to maintain gravity flow from the
property's drain to the sewer line, or a low pressure or
vacuum sewage collection line in those areas approved
for low pressure or vacuum sewage collection, exists in
a public easement or right-of-way that abuts the
property line of the lot, residence, or establishment.
2. For an establishment with an estimated sewage flow
exceeding 1,000 gallons per day, a sewer line, force
main, or lift station exists in a public easement or right-
of-way that abuts the property of the establishment or is
within 50 feet of Elie property line of the establishment
as accessed via existing rights-of-way or easements.
3. For proposed residential subdivisions with more than
50 lots, for proposed commercial subdivisions with
more than 5 lots, and 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 -0f --way.
4. For repairs or modifications within areas zoned or
used for an industrial or manufacturing purpose or its
equivalent, a sewerage system exists within 500 feet of
an establishment's or residence's sewer stub -out as
measured and 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.
(0 "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.
(ll) "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.
tilled, or mound drainfield system: an aerobic treatnte%t
W
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.
0) "Potable water line" means any water line that is
connected to a potable water supply source, but the term
does not include an irrigation line with any of the
following types of backflow devices:
1. For irrigation systems into which chemicals are not
injected, any atmospheric or pressure vacuum breaker or
double check valve or any detector check assembly.
2. For irrigation systems into which chemicals such as
fertilizers, pesticides, or herbicides are injected, any
reduced pressure backflow preventer.
(k) "Septage" means, a mixture of sludge, fatty materials,
human feces, and wastewater removed during the
pumping of an onsite sewage treatment and disposal
system.
p) "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. A subdivision shall be
deemed to be proposed until such time as an application
is submitted to the local government for subdivision
approval or, in those areas where no local government
subdivision approval is required, until such time as a plat
of the subdivision is recorded.
(m) "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.
(n) "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. --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 rosidence or establislmtent 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
maintain in compliance with this section and Hiles
adopted under this section to prevent groundwater
contamination and surface water contamination and to
preserve the public health. The department is the dual
administrative interpretive authority regarding rule
interpretation. In the event of a conflict regarding Wile
interpretation, the Division Director for Environmenml
Health of the department, 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.
(t) 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 I of chapter 386, or part III of chapter 489
or for a violation of any rule adopted under this section,
pan I of chapter 386, or part III of chapter 489.
(i) Provide or conduct education and training of
department personnel, service providers, and the public
regarding onsite sewage treatment and disposal systems.
0) Supervise research on, demonstration of, and training
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(2)(k) must be used to develop and fund
hands-on training centers designed to provide practical
information about onsite sewage treatment and disposal
systems to septic tank contractors, master septic tank
contractors, contractors, inspectors, engineers, and the
public and must also be used to fund research projects
which focus on improvements of onsite sewage
treatment and disposal systems, including use of
performance-based standards and reduction of
environmental impact. Research projects shall be
initially approved by the technical advisory panel and
shall be applicable to and reflect die soil conditions
specific to Florida. Such projects shall be awarded
through competitive negotiation, using the procedures
provided in s. 287.055, to public or private entities that
C'
have experience in onsite sewage treatment and disposal
systems in Florida and that are principally located in
Florida. Research projects shall not be awarded to firms
or entities that employ or are associated with persons
who serve on either the technical advisory panel or the
research review and advisory committee.
(k) Approve the installation of individual graywater
disposal systems in which blackwater is treated by a
central sewerage system.
(1) Regulate septage-stabilizadon 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. 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 Hiles
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 systems, 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 under this section 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, 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 proposed
residential subdivision with more than 50 lots or to any
proposed commercial subdivision with more than 5 lots
where a publicly owned or investor-owned sewerage
system is available. It is the intent of this paragraph not
to allow development of additional proposed
subdivisions in order to evade the requirements of this
paragraph. The department shall report to the
Legislature by February 1 of each odd -numbered year
concerning the success in meeting this intent.
(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.
63
4. Seventy-five feet from surface waters.
5. Fifty feet from any nonpotable well.
6. Ten feet from any storm sewer pipe, to the maximum
extent possible, but in no instance shall the setback be
less than 5 feet.
7. Fifteen feet from the design high-water line of
retention areas, detention areas, or swales designed to
contain standing or flowing water for less than 72 hours
after a rainfall or the design high-water level of normally
dry drainage ditches or normally dry individual -lot
smrmwater-retention areas.
(f) All provisions of this section and rules adopted under
this section relating to soil condition, water table
elevation, distance, and other setback requirements must
be equally applied to all lots, with the following
exceptions:
1. Any residential lot that was platted and recorded on or
after January 1, 1972, or that is part of a residential
subdivision that was approved by the appropriate
permitting agency on or after January 1, 1972, and that
was eligible for an onsite sewage treatment and disposal
system construction permit on the date of such platting
and recording or approval shall be eligible for an onsite
sewage treatment and disposal system consruction
permit, regardless of when the application for a permit is
made. If rules in effect at the time the permit application
is filed cannot be met, residential lots platted and
recorded or approved on or after January 1, 1972, shall,
to the maximum extent possible, comply with the rules
in effect at the time the permit application is filed. At a
minimum, however, those residential lots platted and
recorded or approved on or after January 1, 1972, but
before January 1, 1983, shall comply with those rules in
effect on January 1, 1983, and those residential lots
platted and recorded or approved on or after January 1,
1983, shall comply with those rules in effect at the time
of such platting and recording or approval. In
determining the maximum extent of compliance with
current rules that is possible, the department shall allow
structures and appurtenances thereto which were
authorized at the time such lots were platted and
recorded or approved.
2. 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:
a. Two thousand five hundred gallons per acre per day
for lots served by public water systems as defined in s.
403.852.
b. 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 gram 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 dais section until the
department is satisfied that:
a. The hardship was not caused intentionally by die
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 Division Director for Environmental Health of
the department or his or her designee.
b. A representative from the county health departments.
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
ins. 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
69
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.
(1) An onsite sewage treatment and disposal system for a
single-family residence that is designed by a professional
engineer registered in the state and certified by such
engineer as complying with performance criteria adopted
by die department must be approved by the department
subject to die following:
1. The performance criteria applicable to engineer -
designed systems must be limited to those necessary to
ensure that such systems do not adversely affect the
public health or significantly degrade the groundwater or
surface water. Such performance criteria shall include
consideration of the quality of system effluent, the
proposed total sewage flow per acre, wastewater
treatment capabilities of the natural or replaced soil,
water quality classification of the potential surface -
water -receiving body, and the structural and
maintenance viability of the system for the treatment of
domestic wastewater. However, performance criteria
shall address only the performance of a system and not a
system's design.
2. The technical review and advisory panel shall assist
the department in the development of performance
criteria applicable to engineer -designed systems.
Workshops on the development of the rules delineating
such criteria shall commence not later than September
1, 1996, and the department shall advertise such rules
for public hearing no later than October 1, 1997.
3. A person electing to utilize an engineer -designed
system shall, upon completion of the system design,
submit such design, certified by a registered
professional engineer, to the county health department.
The county health department may utilize an outside
consultant to review the engineer -designed system, with
the actual cost of such review to be bome by the
applicant. Within 5 working days after receiving an
engineer -designed system permit application, the county
health department shall request additional information if
the application is not complete. Within 15 working days
after receiving a complete application for an engineer -
designed system, the county health department either
shall issue the permit or, if it determines that the system
does not comply with the performance criteria, shall
notify the applicant of that determination and refer the
application to the department for a determination as to
whether the system should be approved, disapproved, or
approved with modification. The department engineer's
determination shall prevail over the action of the county
health department. The applicant shall be notified in
writing of the department's determination and of the
applicant's rights to pursue a variance or seek review
under the provisions of chapter 120.
4. The owner of an engineer -designed performance-
based system must obtain an annual system operating
permit from the department. The department shall
inspect the system at least annually and may collect
system -effluent samples if appropriate to determiue
compliance with the performance criteria. The fee for
the annual operating permit shall be collected beginning
with the second year of system operation.
5. If an engineer -designed system fails to properly
function or fails to meet performance standards, die
system shall be re -engineered, if necessary, to bring the
system into compliance with the provisions of this
section.
70
0) An innovative system may be approved in conjunction
with an engineer -designed site-specific system which is
certified by the engineer to meet the performance-based
criteria adopted by the department.
(k) For the Florida Keys, the department shall adopt a
special role 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.
p) No product sold in the state for use in onsite sewa_ee
treatment and disposal systems may contain any
substance in concentrations or amounts that would
interfere with or prevent the successful operation of such
system, or that would cause discharges from such
systems to violate applicable water quality standards.
The department shall publish criteria for products known
or expected to meet the conditions of this paragraph. In
the event a product does not meet such criteria, such
product may be sold if the manufacturer satisfactorily
demonstrates to the department that the conditions of this
paragraph are met.
(m) Evaluations for determining the seasonal high-water
table elevations or the suitability of soils for the use of a
new onsite sewage treatment and disposal system shall be
performed by department personnel, professional
engineers registered in the state, or such other persons
with expertise, as defined by rule, in making such
evaluations. The department shall accept evaluations
submitted by professional engineers and such other
persons as meet the expertise established by rule unless
the department has a reasonable scientific basis for
questioning the accuracy or completeness of the
evaluation.
(n) 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 the Division of Environmental
Health of the Department of Health.
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 indust v.
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
ins. 112.061.
(o) An application for an onsite sewage treatment and
disposal system permit shall be completed in full,
signed by the owner or the owner's authorized
representative, or by a contractor licensed under chapter
489, and shall be accompanied by all required exhibits
and fees. No specific documentation of property
ownership shall be required as a prerequisite to the
review of an application or the issuance of a permit_
The issuance of a permit does not constitute
determination by the department of property ownership.
(p) The department may not require any form of
subdivision analysis of property by an owner,
developer, or subdivider prior to submission of an
application for an onsite sewage treatment and disposal
system.
(q) Nothing in this section limits the power of a
municipality or county to enforce other laws for the
protection of the public health and safety.
(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 or master 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 tris section, part I of chapter 386,
or part III of chapter 489 or rules or standards adopted
under ss. 381.0065-381.0067, pan I of 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.
71
(b)
1. The department may issue citations that may contain
an order of correction or an order to pay a fine, or both,
for violations of ss. 381.0065-381.0067, part I of chapter
386, or part III of chapter 489 or the Hiles adopted by the
department, when a violation of these sections or rules is
enforceable by an administrative or civil remedy, or
when a violation of these -'ecdons or Hiles is a
misdemeanor of the second degree. A citation issued
under ss. 381.0065-381.0067, part I of chapter 386, or
part III of chapter 489 consdmtes a notice of proposed
agency action.
2. A citation must be in writing and must describe the
particular nature of die violation, including specific
reference to the provisions of law or rule allegedly
violated.
3. The fines imposed by a citation issued by the
department may not exceed $500 for each violation.
Each day the violation exists constitutes a separate
violation for which a citation may be issued.
4. The department shall inform the recipient, by written
notice pursuant to ss. 120.569 and 120.57, of the right to
an administrative hearing to contest the citation within
21 days after the date the citation is received. The
citation must contain a conspicuous statement that if the
recipient fails to pay the fine within the time allowed, or
fails to appear to contest the citation after having
requested a hearing, the recipient has waived the
recipient's right to contest the citation and must pay an
amount up to the maximum fine.
5. The department may reduce or waive the fine imposed
by the citation. In determining whether to reduce or
waive the fine, the department must consider the gravity
of the violation, the person's attempts at correcting the
violation, and the person's history of previous violations
including violations for which enforcement actions were
taken under ss. 381.0065-381.0067, part I of chapter
386, part III of chapter 489, or other provisions of law or
rule.
6. Any person who willfully refuses to sign and accept a
citation issued by the department commits a
misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
7. The department, pursuant to ss. 381.0065-381.0067,
part I of chapter 386, or part III of chapter 489, shall
deposit any fines it collects in the county health
department trust fund for use in providing services
specified in those sections.
8. This section provides an alternative means of
enforcing ss. 381.0065-381.0067, part I of chapter 386,
and part III of chapter 489. This section does not prohibit
the department from enforcing ss. 381.0065-381.0067,
part I of chapter 386, or pan III of chapter 489, or its
rules, by any other means. However, the department
must elect to use only a single method of enforcement
for each violation.
History. -ss. 1, 2, 3, 4, 5, 6, ch. 75-145; s. 72, ch. 77-
147; s. 1, ch. 77-174; ss. 1, 2, ch. 77-308; s. 1, ch. 78-
430; s. 1, ch. 79-45; s. 1, ch. 82-10; s. 37, ch. 83-218;
ss. 43, 46, ch. 83-310; s. 1, ch. 84-119; s. 4, ch. 85-
314; S. 5, ch. 86-220; s. 14, ch. 89-324; s. 26, ch. 91-
297; ss. 1, 10, 11, ch. 93-151; s. 40, ch. 94-218; S.
352, ch. 94-356; s. 1033, ch. 95-148; ss. 1, 3, ch. 96-
303; s. 116, ch. 96-410; s. 181, ch. 97-101; s. 21, ch.
97-237.
Note. --Former s. 381 272.
331.00655 Connection of existing onsite sewage
treatment and disposal systems to central sewerage
system; requirements. -
(1)
(a) The owner of a properly functioning onsite sewage
treatment and disposal system, excluding an approved
onsite graywater system, must connect the system or the
building's plumbing to an available publicly owned or
investor-owned sewerage system within 365 days after
written notification by the owner of the publicly owned
or investor-owned sewerage system that the system is
available for connection. The publicly owned or
investor-owned sewerage system must notify the owner
of the onsite sewage treatment and disposal system of
the availability of the central sewerage system. No less
than 1 year prior to the date the sewerage system will
become available, the publicly owned or investor-owned
sewerage system shall notify the affected owner of the
onsite sewage treatment and disposal system of the
anticipated availability of the sewerage system and shall
also notify the owner that the owns will be required to
connect to the sewerage system within 1 year of the
actual availability. The owner shall have the option of
prepaying the amortized value of required connection
charges in equal monthly installments over a period not
to exceed 2 years from the date of the initial notification
of anticipated availability. Nothing in this section shall
operate to impair contracts or other binding obligations
relating to payment schedules in existence as of October
1, 1993. Nothing in this paragraph limits the power of a
municipality or county to enforce other laws for the
protection of the public health and safety.
(b) The owner of an onsite sewage treatment and
disposal system that needs repair or modification to
function in a sanitary manner or to comply with dte
requirements of ss. 381.0065-381.0067 or rules adopted
under those sections must connect to an available
publicly owned or investor-owned sewerage system
within 90 days after written notification from the
department. In hardship cases, upon request of die
owner, the department may approve an extension of not
more than 90 days for sewerage connection. The
72
department may approve only one extension. This
paragraph does not authorize the owner of the onsite
sewage treatment and disposal system to create or
maintain a sanitary nuisance.
(2) The provisions of subsection (1) or any other
provision of law to the contrary notwithstanding:
(a) The local governing body of the jurisdiction in which
the owner of the onsite sewage treatment and disposal
system resides may provide that any connection fee
charged under this section by an investor-owned
sewerage system may be paid without interest in monthly
installments, over a period of time not to exceed 5 years
from the date the sewerage system becomes available if
it determines that the owner has demonstrated a financial
hardship. The local governing body shall establish
criteria for making this determination which take into
account the owner's net worth, income, and financial
needs.
(b) A publicly owned or investor-owned sewerage system
may, with the approval of the department, waive the
requirement of mandatory onsite sewage disposal
connection if it determines that such connection is not
required in the public interest due to public health
considerations.
History. -s. 2, ch. 93-151.
381.0067 Corrective orders; private and certain
public water systems and onsite sewage treatment and
disposal systems. -When the department or its agents,
through investigation, find that any private water system,
public water system not covered or included in the
Florida Safe Drinking Water Act (part VI of chapter 403)
or onsite sewage treatment and disposal system
constitutes a nuisance or menace to the public health, it
may issue an order requiring the owner to correct the
improper condition.
History. -s. 2, ch. 29834, 1955; ss. 19, 35, ch. 69-106;
s. 74, ch. 77-147; s. 17, ch. 77-337; s. 28, ch. 91-297;
s. 6, ch. 93-151.
Note. -Former s. 381.291.
381.0068 Technical review and advisory panel. -
(1) The Department of Health shall, by July 1, 1996,
establish a technical review and advisory panel to assist
the department with rule adoption.
(2) The purpose of the panel is to enhance the
department's decisionmaking by drawing on the
expertise of representatives from several groups that
have an interest in onsite sewage treatment and disposal
systems. At a minimum, die technical review and
advisory panel shall consist of a soil scientist; a
professional engineer registered in this state who is
recommended by the Florida Engineering Society and
who has work experience in onsite sewage treatment and
disposal systems; two representatives from the home -
building industry recommended by the Florida Home
Builders Association, including one who is a developer
in this state who develops lots using onsite sewage
treatment and disposal systems; a representative from
the counry health departments who has experience
permitting and inspecting the installation of onsite
sewage treatment and disposal systems in this state; a
representative from the real estate industry who is
recommended by the Florida Association of Realtors; a
consumer representative with a science background; two
representatives of the septic tank industry recommended
by the Florida Septic Tank Association, including one
who is a manufacturer of onsite sewage treatment and
disposal systems; and a representative from the
environmental health profession who is recommended
by the Florida Environmental Health Association and
who is not employed by a county health department.
Members are to be appointed for a term of 2 years. The
panel may also, as needed, be expanded to include ad
hoc, nonvoting representatives who have topic -specific
expertise. All rules proposed by the department which
relate to onsite sewage treatment and disposal systems
must be presented to the panel for review and comment
prior to adoption. The panel shall select a chair, who
shall serve for a period of 1 year and who shall direct,
coordinate, and execute the dudes of the panel. The
panel shall also solicit input from the department's
variance review and advisory committee before
submitting any comments to the department concerning
proposed rules. The panel's comments must include any
dissenting points of view concerning proposed rules.
The panel shall hold meetings as it determines necessary
to conduct its business, except that the chair, a quorum
of the voting members of the panel, or the department
may call meetings. The department shall keep minutes
of all meetings of the panel. Panel members shall serve
without remuneration, but may be reimbursed for per
diem and travel expenses as provided in s. 112.061.
History.—s. 9, ch. 93-151; s. 4, ch. 96-303; s. 182, ch.
97-101.
73
CHAPTER 386 PARTICULAR CONDITIONS
AFFECTING PUBLIC HEALTH
PART I SANITARY NUISANCES
386.01 Sanitary nuisance.
A sanitary nuisance is the commission of any act,
by an individual, municipality, organization, or
corporation, or the keeping, maintaining, propagation,
existence, or permission of anything, by an individual,
municipality, organization, or corporation, by which the
health or life of an individual, or the health or lives of
individuals, may be threatened or impaired, or by which
or through which, directly or indirectly, disease may be
caused.
History.— s. 1, ch. 4346, 1895; GS 1153; RGS
2157; CGL 3386.
386.02 Duty of Department of Health and
Rehabilitative Services.
The Department of Health and Rehabilitative
Services, upon request of the proper authorities, or of
any three responsible resident citizens, or whenever it
may seem necessary to the department, shall investigate
the sanitary condition of any city, town, or place in the
state; and if, upon examination, the department shall
ascertain the existence of any sanitary nuisance as
herein defined, it shall serve notice upon the proper
party or parties to remove or abate the said nuisance or,
if necessary, proceed to remove or abate the said
nuisance in the manner provided in s. 823.01.
History.— s. 11, ch. 4346, 1895; GS 1154; RGS
2158; CGL 3387; ss. 19, 35, ch. 69-106; s. 148, ch. 77-
147.
386.03 Notice to remove nuisances; authority of
Department of Health and Rehabilitative Services
and local health authorities.
(1) The Department of Health and Rehabilitative
Services, upon determining the existence of anything or
things herein declared to be nuisances by law, shall
notify the person or persons committing, creating,
keeping, or maintaining the same, to remove or cause to
be removed, the same within 24 hours, or such other
reasonable time as may be determined by the
department, after such notice be duly given.
(2) If the sanitary nuisance condition is not
removed by such person or persons within the time
prescribed in said notice, the department, its agents or
deputies or local health authorities, may within die
county where the nuisance exists, remove, cause to
-;
remove, or prevent the continuing sanitary nuisance
condition in the following manner:
(a) Undertake required correctional procedures,
including the removal of same if necessary; the cost
or expense of such removal or correctional
procedures shall be paid by the person or persons
committing, creating, keeping, or maintaining such
nuisances; and if the said cost and expense thus
accruing shall not be paid within 10 days after such
removal, the same shall be collected from the person
or persons committing, creating, keeping, or
maimainina such nuisances, by suit at law; but this
paragraph shall not authorize the department to
alter, change, demolish, or remove any machinery,
equipment, or facility designed or used for the
processing or disposing of liquid or smoke effluent
of a manufacturing plant.
(b) Institute criminal proceedings in the county
court in the jurisdiction of which the condition exists
against all persons failing to comply with notices to
correct sanitary mrisance conditions as provided in
this chapter.
(c) Institute legal proceedings authorized by the
department as set forth in s. 381.0012.
(d) Institute administrative proceedings
authorized by the department as set forth in s.
381.0061.
History.— s. 12, ch. 4346, 1895; GS 1155; RGS
2159; CGL 3388; s. 1, ch. 63.64; ss. 19, 35, ch. 69-106;
s. 1, ch. 77-119; s. 149, ch. 77-147; s. 5, ch. 80-351; s.
53, ch. 91-297.
386.041 Nuisances injurious to health.
(1) The following conditions existing, permitted,
maintained, kept, or caused by any individual, municipal
organization, or corporation, governmental or private,
shall constitute prima facie evidence of maintaining a
nuisance injurious to health:
(a) Untreated or improperly treated human
waste, garbage, offal, dead animals, or dangerous
waste materials from manufacturing processes
harmful to human or animal life and air pollutants,
gases, and noisome odors which are harmful to
human or animal life.
(b) Improperly built or maintained septic tanks,
water closets, or privies.
(c) The keeping of diseased animals dangerous
to human health.
(d) Unclean or filthy places where animals are
slawalitered.
(e) The creation, maintenance, or causing of
any condition capable of breeding flies, mosquitoes,
or other arthropods capable of transmitting diseases,
directly or indirectly to humans.
(f) Any other condition determined to be a
sanitary nuisance as defined in s. 386.01.
(2) The Department of Health and Rehabilitative
Services, its agents and deputies, or local health
authorities are authorized to investigate any condition or
alleged nuisance in any city, town, or place within the
state, and if such condition is determined to constitute a
sanitary nuisance, they may take such action to abate
the said nuisance condition in accordance with the
provisions of this chapter.
History.— s. 2, ch. 63-64; ss. 19, 35, ch. 69-106;
s. 150, ch. 77-147.
386.051 Nuisances injurious to health, penalty.
Any person found guilty of creating, keeping, or
maintaining a nuisance injurious to health shall be guilty
of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
History.— s. 2, ch. 63.64; s. 337, ch. 71-136.
CHAPTER 489 CONTRACTING
PART I CONSTRUCTION CONTRACTING
489.103 Exemptions.—
This pan does not apply to:
(1) Contractors in work on bridges, roads, streets,
highways, or railroads, and services incidental thereto.
The board, in agreement with the Department of
Transportation, shall, by rale, define "services
incidental thereto" for the purposes of this subsection
only.
(2) Any employee of a cerrificateholder or
registrant who is acting within the scope of the license
held by that certificateholder or registrant and with the
knowledge and permission of the licenseholder.
However:
(a) If the employer is not a certificateholder or
registrant in that type of contracting, and the
employee performs any of the following, the
employee is not exempt:
1. Holds himself or his employer out to be
licensed or qualified by a licensee;
2. Leads the consumer to believe that the
employee has an ownership or management
interest in the company; or
3. Performs any of the acts which
constitute contracting.
(b) The legislative intent of this subsection is
to place equal responsibility on the unlicensed
business and its employees for the protection of the
consumers in contracting transactions.
For the purpose of this part, "employee" is defined as a
person who receives compensation from and is under
the supervision and control of an employer who
regularly deducts the F.I.C.A. and withholding tax and
provides workers' compensation, all as prescribed by
law.
(3) An authorized employee of the United States,
this state, or any municipality, county, irrigation
district, reclamation district, or any other municipal or
political subdivision, except school boards, the Board of
Regents, and community colleges, unless for the
purpose of performing routine maintenance or repair or
construction not exceeding $200,000 to existing
installations, if the employee does not hold himself out
for hire or otherwise engage in contracting except in
accordance with his employment. If the construction,
remodeling, or improvement exceeds $200,000, school
boards, the Board of Regents, and community colleges,
shall not divide the project into separate components for
die purpose of evading this section.
(4) An officer appointed by a court when he is
acting within die scope of his office as defined by law
76
or court order. When construction projects which were
not underway at the time of appointment of the officer
are undertaken, the officer shall employ or contract with
a licensee.
(5) Public utilities, including special gas districts as
defined in chapter 189, telecommunications companies
as defined in < s. 364.02(7), and natural gas
transmission companies as defined in s. 368.103(4), on
construction, maintenance, and development work
performed by their employees, which work, including,
but not limited to, work on bridges, roads, streets,
highways, or railroads, is incidental to their business.
The board shall define, by rule, the term "incidental to
their business" for purposes of this subsection.
(6) The sale or installation of any finished products,
materials, or articles of merchandise that are not
fabricated into and do not become a permanent fixed pan
of the structure, such as awnings. However, this
subsection does not exempt in -ground spas and
swimming pools that involve excavation, plumbing,
chemicals, or wiring of any appliance without a factory -
installed electrical cord and plug. This subsection does
not limit the exemptions provided in subsection ().
(7) Owners of property when acting as their own
contractor and providing direct, onsite supervision
themselves of all work not performed by licensed
contractors, when building or improving farm
outbuildings or one -family or two-family residences on
such property for the occupancy or use of such owners
and not offered for sale or lease, or building or
improving commercial buildings, at a cost not to exceed
$25,000, on such property for the occupancy or use of
such owners and not offered for We or lease. In an
action brought under this part, proof of the sale or lease,
or offering for sale or lease, of any such structure by the
owner -builder within 1 year after completion of same
creates a presumption that the construction was
undertaken for purposes of sale or lease. This subsection
does not exempt any person who is employed by or has a
contract with such owner and who acts in the capacity of
a contractor. The owner may not delegate the owner's
responsibility to directly supervise all work to any other
person unless that person is registered or certified under
this part and the work being performed is within the
scope of that person's license. For the purposes of this
subsection, the term "owners of property" includes the
owner of a mobile home situated on a leased lot. To
qualify for exemption under this subsection, an owner
must personally appear and sign the building permit
application. The local permitting agency shall provide
the person with a disclosure statement in substantially the
following form:
Disclosure Statement
State law requires construction to be done by
licensed contractors. You have applied for a permit
under an exemption to that law. The exemption allows
you, as the owner of your property, to act as your own
contractor with certain restrictions even though you do
not have a license. You must provide direct, onsite
supervision of the construction yourself. You may build
or improve a one -family or two-family residence or a
farm outbuilding. You may also build or improve a
commercial building, provided your costs do not exceed
$25,000. The building or residence must be for your
own use or occupancy. It may not be built or
substantially improved for sale or lease. If you sell or
lease a building you have built or substantially improved
yourself within 1 year after the construction is
complete, the law will presume that you built or
substantially improved it for sale or lease, which is a
violation of this exemption. You may not hire an
unlicensed person to act as your contractor or to
supervise people working on your building. It is your
responsibility to make sure that people employed by you
have licenses required by state law and by county or
municipal licensing ordinances. You may not delegate
Elie responsibility for supervising work to a licensed
contractor who is not licensed to perform the work
being done. Any person working on your building who
is not licensed must work under your direct supervision
and must be employed by you, which means that you
must deduct F.I.C.A. and withholding tax and provide
workers' compensation for that employee, all as
prescribed by law. Your construction must comply with
all applicable laws, ordinances, building codes, and
zoning regulations.
(8) Any construction, alteration, improvement, or
repair carried on within the limits of any site the tide to
which is in the United States or with respect to which
federal law supersedes this part.
(9) Any work or operation of a casual, minor, or
inconsequential nature in which the aggregate contract
price for labor, materials, and all other items is less
than $1,000, but this exemption does not apply:
(a) If the construction, repair, remodeling, or
improvement is a part of a larger or major
operation, whether undertaken by the same or a
different contractor, or in which a division of the
operation is made in contracts of amounts less than
$1,000 for the purpose of evading this part or
otherwise.
(b) To a person who advertises that Ire is a
contractor or otherwise represents that he is
qualified to engage in contracting.
(10)(a) Any construction or operation incidental to
the construction or repair of irrigation and drainage
ditches;
(b) Regularly constituted irrigation districts or
reclamation districts; or
77
(c) Clearing or other work on the land in rural
districts for fire prevention purposes or otherwise
except when performed by a licensee.
(11) A registered architect or engineer acting within
the scope of his practice or any person exempted by the
law regulating architects and engineers, including
persons doing design work as specified in s.
481.229(1)(b); provided, however, that an architect or
engineer shall not act as a contractor unless properly
licensed under this chapter.
(12) Any person who only furnishes materials or
supplies without fabricating them into, or consuming
them in the performance of, the work of the contractor.
(13) Any person who is licensed pursuant to chapter
527 when such person is performing the work authorized
by such license.
(14) Any person who sells, services, or installs
heating or air-conditioning units which have a capacity
no greater than 3 tons or 36,000 Btu, which have no
ducts, and which have a factory -installed electrical cord
and plug. .
(15) The installation and maintenance of water
conditioning units for domestic, commercial, or
industrial purposes by operators of water conditioning
services. No municipality or county may adopt an
ordinance, rule, or regulation which requires such an
operator to become licensed, certified, or registered as a
plumber or which otherwise prevents the installation and
maintenance of such water conditioning units by an
operator.
(16) An architect or landscape architect licensed
pursuant to chapter 481 or an engineer licensed pursuant
to chapter 471 who offers or renders design -build
services which may require the services of a contractor
certified or registered pursuant to the provisions of this
chapter, as long as the contractor services to be
performed under the terms of the design -build contract
are offered and rendered by a certified or registered
general contractor in accordance with this chapter.
History.—ss. 11, 17, ch. 79-200; ss. 2, 3, ch. 81-
318; s. 1, ch. 84-160; s. 1, ch. 87-235; ss. 2, 20, 21, ch.
88-156; s. 3, ch. 89-115; s. 69, ch. 89-162; S. 1, ch. 89-
343; s. 29, ch. 89-374; s. 38, ch. 90-228; ss. 34, 68, ch.
91-137; s. 4, ch. 91-429; s. 7, ch. 92-55; s. 1, ch. 93-
154; s. 1, ch. 93-166; s. 255, ch. 94-119; s. 4, ch. 96-
298; s. 73, ch. 96-388.
Note.—Redesignated as s. 364.02(12) by s. 6, ch.
95403.
439.105 Definitions.—
As used in this part:
(3)(m) "Plumbing contractor" means a contractor whose
contracting business consists of the execution of
contracts requiring die experience, financial meatus,
knowledge, and skill to install, maintain, repair, alter,
extend, or, when not prohibited by law, design
plumbing. A plumbing contractor may install, maintain,
repair, alter, extend, or, when not prohibited by law,
design the following without obtaining any additional
local regulatory license, certificate, or registration:
sanitary drainage or storm drainage facilities; venting
systems; public or private water supply systems; septic
tanks; drainage and supply wells; swimming pool
piping; irrigation systems; or solar heating water
systems and all appurtenances, apparatus, or equipment
used in connection therewith, including boilers and
pressure process piping and including the installation of
water, natural gas (excluding liquid petroleum gases),
and storm and sanitary sewer lines; and water and sewer
plants and substations. The scope of work of the
plumbing contractor also includes the design, when not
prohibited by law, and installation, maintenance, repair,
alteration, or extension of air -piping, vacuum line
Piping, oxygen line piping, nitrous oxide piping, and all
related medical gas systems; fire line standpipes and fire
sprinklers to the extent authorized by law; ink and
chemical lines; fuel oil and gasoline piping and tank and
pump installation, except bulk storage plants; and
pneumatic control piping systems, all in such a manner
as to comply with all plans, specifications, codes, laws,
and regulations applicable. The scope of work of the
plumbing contractor shall apply to private property and
public property, shall include any excavation work
incidental thereto, and shall include the work of the
specialty plumbing contractor. Such contractor shall
subcontract, with a qualified contractor in the field
concerned, all other work incidental to the work but
which is specified herein as being the work of a trade
other than that of a plumbing contractor. Nothing in this
definition shall be construed to limit the scope of work
of any specialty contractor certified pursuant to s.
489.113(6). Nothing in this definition shall be construed
to require certification or registration under this part of
any authorized employee of a public natural gas utility
or of a private natural gas utility regulated by the Public
Service Commission when disconnecting and
reconnecting water lines in the servicing or replacement
of an existing water heater.
PART IH SEPTIC TANK CONTRACTING
439.551 Definitions.—
As used in this part:
(1) "Department" means the ' Department of
Health and Rehabilitative Services.
(2) "Master septic tank contractor" means a septic
tank contractor whose services are unlimited in the
septic tank trade who has had at least 3 years'
experience as a Florida -registered septic tank contractor
73
and who has the experience, knowledge, and skills to
install, maintain, repair, close repairs of, and alter all
types of onsite sewage treatment and disposal systems, to
design onsite sewage treatment and disposal systems,
where not prohibited by law, to perform and submit soil
evaluations, when determined to meet site-evaluadon
expertise established by role, and to use materials and
items used in the installation and maintenance of all
types of onsite sewage treatment and disposal systems.
(3) "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.
(4) "Septic tank contractor" means a contractor who
has the experience, knowledge, and skill to install,
maintain, repair, alter, perform site evaluations for
repairs, when determined to meet site -evaluation
expertise established by role, and use material and items
used in the installation and maintenance of all kinds of
onsite sewage treatment and disposal systems.
History.—ss. 1, 10, ch. 87-310; S. 4, ch. 91-429; s.
7, ch. 93-151; s. 5, ch. 96-303.
Note.—The Department of Health and
Rehabilitative Services was redesignated as the
Department of Children and Family Services by s. 5, ch.
96-403, and the Department of Health was created by s.
8, ch. 96-403.
489.5;2 Registration required.—
A person shall not hold himself or herself out as a septic
tank contractor or a master septic tank contractor in this
state unless he or she is registered by the department in
accordance with the provisions of this part. However,
nothing in this part prohibits any person licensed
pursuant to s. 489.105(3)(m) in this state from enea_gine
in the profession for which he or she is licensed.
History.—ss. 2, 10, ch. 87-310; s. 4, ch. 91429; S.
6, ch. 96-303.
489.5:3 Administration of part; registration
qualifications; examination.—
(1) Each person desiring to be registered pursuant to
this part shall apply to the department in writing upon
forms prepared and furnished by dte department.
(2) The department shall administer, coordinate,
and enforce the provisions of this part, provide
qualifications for applicants, administer the examination
for applicants, and be responsible for the granting of
certificates of registration to qualified persons.
(3) The department shall adopt reasonable Hiles,
including, but not limited to, rules which establish
ethical standards of practice, and may amend or repeal
the same in accordance with the Administrative
Procedure Act.
(4) To be eligible for registration by the
department as a septic tank contractor, the applicant
must:
(a) Be of good moral character.
(b) Pass an examination approved by the
department which demonstrates that the applicant
has a fundamental knowledge of the state laws
relating to the installation and maintenance of
onsite sewage treatment and disposal systems.
(5) To be eligible for registration by the
department as a master septic tank contractor, the
applicant must:
(a) Have been a registered septic tank
contractor in Florida for at least 3 years.
(b) Take and complete, to the satisfaction of
the department, a minimum of 30 hours of
approved coursework.
(c) Pass an examination approved by the
department which demonstrates that the applicant
has advanced knowledge relating to the installation
and maintenance of onsite sewage treatment and
disposal systems, including, but not limited to, the
fundamental knowledge required to close residential
repair jobs, design systems, and perform soil
evaluations, when determined to meet site -
evaluation expertise established by rule.
(d) Be reviewed by the department for any
major infractions of this chapter or other law
relating to onsite sewage treatment and disposal.
(6) The department shall provide each applicant for
registration pursuant to this part with a copy of this part
and any rules adopted trader this part. The department
may also prepare and disseminate such other material
and questionnaires as it deems necessary to effectuate
the registration provisions of this part.
History.—ss. 3, 10, ch. 87-310; s. 4, ch. 91429;
S. 8, ch. 93-151; s. 7, ch. 96-303.
439.554 Registration renewal.—
The department shall prescribe by role the method for
renewal of annual registration, which shall include
continuing education requirements of not less than 6
classroom hours annually for septic tank contractors and
not less than 12 classroom hours annually for master
septic tank contractors. The 12 classroom hours of
79
continuing education required for master septic tank
contractors may include the 6 classroom hours required
for septic tank contractors, but at a minimum must
include 6 classroom hours of approved master septic tank
contractor coursework.
History.—ss. 4, 10, ch. 87-310; s. 55, ch. 91-297;
s. 4, ch. 91-429; s. 8, ch. 96-303.
489.5=5 Certification of partnerships and
corporations.—
(1) The practice of or the offer to practice septic
tank contracting services by registrants through a
corporation or partnership offering septic tank
contracting services to the public through registrants
under this chapter as agents, employers, officers, or
partners is permitted, provided that one or more of the
principal officers of the corporation or one or more
partners of the partnership and all personnel of the
corporation or partnership who act in its behalf as septic
Link contractors or master septic tank contractors in this
state are registered as provided by this part, and further
provided that the corporation or partnership has been
issued a certificate of authorization by the department as
provided in this section. Nothing in this section shall,be
construed to mean that a certificate of registration to
practice septic tank contracting shall be held by a
corporation. No corporation or partnership shall be
relieved of responsibility for the conduct or acts of its
agents, employees, or officers by reason of its
compliance with this section, nor shall any individual
practicing septic tank contracting be relieved of
responsibility for professional services performed by
reason of his or her employment or relationship with a
corporation or partnership.
(2) For the purposes of this section, a certificate of
authorization shall be required for a corporation,
partnership, association, or person practicing under a
fictitious name, offering septic tank contracting services
to the public, except that when an individual is practicing
septic tank contracting in his or her own given name, he
or she shall not be required to register under this section.
(3) Each certification of authorization shall be
renewed every 2 years. Each partnership and corporation
certified under this section shall notify the department
within 1 month of any change in the information
contained in the application upon which the certification
is based.
(4) Disciplinary action against a corporation or
partnership shall be administered in the same manner and
on the same grounds as disciplinary action against a
registered septic tank contractor or master septic ` tank
contractor.
History.—ss. 5, 10, ch. 87-310; s. 4, ch. 91429; s.
10, ch. 96-303.
Note.—The word "tank" was inserted by the
editors.
489.556 Suspension or revocation of registration.—
A certificate of registration may be suspended or
revoked upon a showing that the registrant has:
(1) Violated any provision of this part.
(2) Violated any lawful order or rule rendered or
adopted by the department.
(3) Obtained his or her registration or any other
order, ruling, or authorization by means of fraud,
misrepresentation, or concealment of material facts.
(4) Been found guilty of gross misconduct in the
pursuit of his or her profession.
History.—ss. 6, 10, ch. 87-310; s. 4, ch. 91-129;
s. 11, ch. 96-303.
489.558 Penalties and prohibitions.—
(1) Any person who violates any provision of this
part commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
(2) The department may deny a registration if it
determines that an applicant does not meet all
requirements of this part or has violated any provision
of this part. Any applicant aggrieved by such denial
shall be entitled to a hearing, after reasonable notice
thereof, upon filing a written request for such hearing in
accordance with chapter 120.
30
INDEX TO MARCH 3, 1998 RULE
A
Abandonment
ofa project............................................................. 49
permit fee..........................................................60,
61
permit required...................................................7,
55
procedure...............................................................
26
registered contractor required..............................47
55
Absorption surface
9
calculation of size ..................................................
19
coarse soils at ........................................................
13
defined......................................................................
2
flooding...................................................................
14
loading rates of ......................................................
19
sandlined .............. !................................................
44
slope.......................................................................
34
water table separation, existing .....................
:........ 2
water table separation, new ..................................
13
water table separation, performance-based........ 57
water table separation, repairs .............................36
37, 38, 39
waterline separation ..............................................
12
Advanced secondary treatment ..........................51,
57
Advanced waste treatment..................................43,
70
Advanced wastewater treatment .........................52,
57
Aerobic treatment unit
alarms.....................................................................
27
approved maintenance entity ..........................29,
56
bypass prohibited ..................................................
27
child, tamper, vandal resistant ........................27,
30
consolidation of sewage in ....................................
18
defined......................................................................
2
distributor requirements ........................................
28
drainfield reduction credit.....................................28
floodplain, use in ...................................................
14
Florida Keys, use in ...............................................
45
maintenance agreement..................................28,
56
maintenance entity...........................................56,
59
monitoring................................................................
9
operatingpermit......................................................8
requirements for 1,500-10,000 gpd.................28,
46
sizing......................................................................
27
Aggregate ..........................22, 33, 34, 35, 45,
53, 58, 77
in drainfields...........................................................
34
infilters ...................................................................
45
Alternating absorption fields .....................................
33
Alternative drainfield material.............................22,
34
Alternative repair .......................................................
35
Alternative system
defined......................................................................
2
filledsystem...........................................................
21
general requirements ............................................
20
mound systems
-) I
......................................................
non -discharging toilets .........................14, 20, 66,
other systems .................
73
22
pit privies.....................................................20, 66, 78
American National Standards Institute.................2, 26
American Society for Testing Materials
.................... 2
ANSI.............................................................................
2
Application..............................................................9,
54
performance-based system.............................54,
55
requirements............................................................
9
variance..................................................................
10
Approved......................................................................
2
Approved maintenance entity...............................2,
28
Aquifer.....................................................................2,
45
ASTM...........................................................................
2
Authorization, septic tank contracting ......................
61
Authorized flow, calculation.................................67,
63
Available, sewer ........................................................
65
B
Buildingarea................................................................3
Baseflood................................................................
3,6
Baseline system........................................................
53
Bedroom
Certification of design ...............................................
adding............... ::......................................................
I
ATUsizing..............................................................
27
building area coincidence................................13,
27
defined......................................................................
3
on floorplans.......................................................9,
18
repair sizing............................................................
40
sewageflow...........................................................
17
two people per, assumed ......................................
18
Benchmark.................................................................
to
Bill -of lading...............................................................
34
Blackwater.................................................................
66
Buildingarea................................................................3
ATU inspection .....................................................2E
Building foundations, setback.................21,
37, 38, 39
Buttonwood Associations...............................43,
44, 45
C
existing........................................................
Carwashes.................................................................. 4
Carbonate fill.............................................................
21
CBOD5......................................
3, 51, 52, 53, 54, 58, 59
Certification of design ...............................................
54
Cesspit..................................................................43,
46
Child, tamper, vandal.....................................27,
30, 62
Citation for violation ..................................................
71
Commercial sewage
andATUs...............................................................
26
defined......................................................................
3
engineer required ..................................................
10
existingsystems ......................................................
2
notindustrial............................................................
4
operatingpermits .....................................................
8
Commercial system.....................................1,
2.32, 33
ATU inspection .....................................................2E
.
ATUsizing..............................................................
2
dosing.....................................................................
3:
existing........................................................
I.........
31
INDEX TO MARCH 3, 1998 RULE AND REFERENCED STATUTES
repairs.....................................................................
40
sewageflows..........................................................
15
variance fee...........................................................
60
Community public water system, defined .................
5
Concrete over tanks... ...............................................
12
Construction approval......................................7,
56, 61
Construction permits, policy..................................7,
55
Construction sites, sanitary facilities ..................
I...... 1
Convenience store, design flow ...............................
18
D
14
Density formula.........................................................
68
Design flow.............................................................2,
14
blackwater ..............................................................
18
commercial............................................................
15
convenience store .................................................
18
food operations......................................................
15
high volume establishments .................................
18
institutional .............................................................
17
kitchen wastewater...........................................17,
18
meter water use data ............................................
14
minimum.....................................................19,
21, 57
residential...............................................................
17
TableI....................................................................
15
Disposal service........................................................22
EPA, design manual, septage disposal
agricultural use plan.........................................24,
25
land application.....................................22,
23, 24, 25
lime stabilization...................................22,
23, 25, 32
operating permit....................................................22
institutional.............................................................
tank truck capacity ................................................
22
truck labeling..........................................................
23
Distribution box................6, 7, 32, 33, 34, 35, 40, 53, 55
Domestic sewage ......................................................
67
Dosing
pumps in septic tanks ............................................
33
requirements for ....................................................
40
tank design..................................................30,
31, 32
Drainage ditch, normally dry .........................11,
12, 68
Drainage, artificial.....................................................
14
Drainfield
aggregate standards ..............................................
34
backfill barrier........................................................
34
construction standards ..........................................
32
defined......................................................................
3
depth of aggregate ................................................
34
distribution box ............6, 7, 32, 33, 34, 35, 40, 53, 55
dosing...................................30, 31, 32, 33, 40, 66, 78
header pipe.............................................6,
33, 34, 53
performance-based system.............................57,
58
pipe.........................................................................
33
repair alternative...................................................
35
separation from tank .............................................
34
spoil reuse..............................................................
36
trenches preferred .................................................
33
Dropbox....................................................................
34
E
Easements................................................10,
11, 12,65
installationin ..........................................................
12
pro -rata share, lot size..........................................12
sewer available via ................................................
66
shown on site plan ...................................................
9
Effective capacity, septic tank..............................3,
18
Effective grain size ..............................................43,
44
Effective soil depth....................................3,
13, 36, 39
Emergency repairs....................................................29
Enforcement...................................................67,
69, 71
Engineering7, 9, 10, 20, 22, 28, 33, 34, 35, 53, 54, 55,
56, 59, 69, 70, 72, 77
Entry, right of.............................................................71
EPA, design manual, onsite systems.................20,
34
EPA, design manual, septage disposal
..............23, 32
Establishment..............................................................
3
Estimated daily sewage flow
commercial............................................................
15
institutional.............................................................
17
residential...............................................................
17
Existing Systems, policy .............................................
l
F
Failure.......................................................................... 3
Federal Emergency Management Agency .............. 14
Fees, ...................................................................... 60, 61
Figures
1. Filled trench drainfield system ...........................3
2. Mound trench drainfield system .........................4
3. Subsurface trench drainfield system ................. 6
Fill
requirement ................................. 4, 12, 13, 14, 20,21
use in floodways.................................................... 14
Filled System
defined...................................................................... 3
requirements.......................................................... 21
Filter device, outlet..............................................18, 53
Final installation approval............ 2, 7, 8, 21, 27, 28, 56
Fine (penalty)............................................48, 49, 50, 75
Flooding
defined...................................................................... 4
old subdivisions..................................................... 10
Floodways
location of systems in ............................................ la
regulatory, defined .................................................. 6
useof fill................................................................. 14
Floorplan................................................................9, 18
Florida Keys......................................1, 4, 46, 57, 66,70
system location and design..................................44
Flow Allowance.................................................2, 12, 57
Food Establishment Sludge ......................4, 22, 23, 25
G
Grandfather provisions
existing system........................................................ 1
32
INDEX TO MARCH 3, 1993 RULE AND REFERENCED STATUTES
operating permit ......................................................
9
setback, 1972 onward......................................57,
68
setback, pre 1972 .............................................68,
69
ten-year flood.........................................................
14
Graywater
69
aerobic treatment units .........................................
18
designflow.............................................................
18
sewered areas ........................................................
12
tank capacity..........................................................
IS
Grease Interceptors, sizing .......................................
31
Groundwater interceptor drain
60, 67, 70
setback...................................................................
12
H
28
High volume establishments, design flow ............... 18
Holding tank ................................ 1, 6, 10, 22, 23, 25, 47
general..................................................................... 1
permit..................................................................... 10
waste disposal....................................................... 22
Homeowners exemption, policy ........................ :...... 67
I
I/M Zone
floordrains...............................................................
4
Policy .....................................................4,
8, 9, 66, 69
sewer availability...................................................
66
Industrial ............................4, 8,
9, 15, 60, 63, 66, 69, 77
Industrial waste.....................................................15,
69
Injection well
4
defined....................................................................
43
requirements.........................................44
45, 46, 70
Innovative system
19
defined......................................................................
4
requirements...........................................1,
60, 67, 70
Inspections
45
aerobic treatment units .........................................
28
existing systems ......................................................
1
fee...........................................................................
60
land application......................................................
24
newsystems............................................................
7
operating permit......................................................8
66
penalty for missed .................................................
49
performance-based system ..................................
55
repairs.....................................................................
41
right of entry to perform.....................................9,
56
root mass failures ..................................................
40
septage hauling equipment ..................................
22
Land application (see disposal service)
.............23, 24
Large systems...........................................................
13
Laundry system
exam..................................................................47,
commercial waste ....................................................
3
drainfield sizing ......................................................
19
industrial waste ........................................................
4
interceptor design, sizing ......................................
32
pre-emptive repair ...............................................
6,7
reduction................................................................
19
requirements..........................................................
13
Lime receipts.............................................................24
exam..................................................................47,
Lime stabilization.....................................22,
23, 25, 32
Limited use public water system
................................ 6
Loading rated
requirements..........................................................
performance-based system.............................57,
58
Loading rates
suspension or revocation ......................................
determination .........................................................
19
filled........................................................................
21
FloridaKeys...........................................................
44
gravelfilter.............................................................
45
most restrictive soil..........................................20,
21
mound systems ......................................................
21
repairs.....................................................................
40
standard subsurface ..............................................
19
Location and installation......................................11,
57
Lot............................................................................4,
66
1972........................................................................
68
flow allowance..............................................2.
12, 57
minimum area, private wells ...........................14,
67
Low pressure pipe systems ......................................
22
Low pressure sewer systems ....................................
22
LTAR.....................................................................57,
53
M
Maintenance franchise .............................................. 22
Master Septic Tank Contractor
coverrepair..............................................................
8
exam..................................................................47,
48
renewal...................................................................
48
repair inspection......................................................
8
requirements..........................................................
47
site evaluations........................................................
9
suspension or revocation ......................................
50
Mean high water.....................................................4,
45
Mean high water line..............................................4,
45
Metered water use data ............................................
14
Mineral aggregate filter .............................................
45
Monitoring wells.........................................................
24
Mottling......................................................................
13
Moundsystem.............................................................4
Multi-chambered septic tanks.............................18,
30
Multiple dwelling units, tank capacity ......................
18
N
National Sanitation Foundation Int ............................ 5
Nitrogen...........................................................25, 44, 53
Non -community public water system
defined...................................................................... 5
NSF.......................................................5, 20, 26, 27, 23
O
O Horizon....................................................5, 21, 27, 30
Obstructed land ............................ 5, 8, 9, 12, 14, 21, 35
Occupancy, final inspections ................... 2, 7, 3, 27, 23
Onsite sewage disposal system, defined ...........66, 78
33
INDEX TO MARCH 3, 1998 RULE AND REFERENCED STATUTES
Operating permit
aerobic treatment unit ............................................. 8
change of tenancy..............................................8,
69
disposal service .....................................................
22
general................................................................8,
56
grandfather I/M......................................................
69
I/M zone............................................................69,
70
I/M zone policy....................................................8,
56
inspection.................................................................
8
monitoring, sampling requirements .......................
9
performance-based system ..................................
56
portable or temporary service ..............................
22
Ordinary high water line, non -tidal .............................
5
Organic waste composting toilets .......................
14,20
Outlet filter device................................................18,
53
P
singlefamily.............................................................1
Performance system maintenance entity..... 55, 56, 58
Performance-based treatment system
application.......................................................1.54,
55
CB005 or TSS......................................51,
52, 53, 54
construction certification .......................................
55
design certification ................................................
54
drainfield reduction ................................................
58
fecal coliform..................................28,
52, 53, 54, 59
inspection...............................................................
55
LTAR.................................................................57,
58
monitoring.........................................................58,
59
operation manual..............................................54,
55
permit.....................................................................
55
samples...........................................44,
51, 52, 53, 54
setback...................................................................
57
singlefamily.............................................................1
48
TN....................................................44,
51, 52, 53, 59
TP....................................................44, 51, 52, 53, 59
Permits
Repair
general................................................................7,
55
repairs.....................................................................
35
transfer....................................................7,
55, 67, 68
voiding......................................................................
8
pH, domestic waste level ............................................ 3
Phosphorus.....................................................43, 44, 53
Pit privy...........................................................20,
66, 78
Point of reference, requirement for
......................... 10
Portable toilets..................................1,
6, 22, 23, 25, 47
Potable water lines ....................................................
40
Private potable well
construction standards ..........................................
defined......................................................................
5
flow allowance.......................................................
12
setback..............................................................11,
68
Property lines, setback .............................................
11
Public drinking water
required setbacks..................................................36
flow allowance..................................................12,
13
well, defined.............................................................
5
well, setbacks.........................................................
11
V14
Reductions
blackwater..............................................................
18
credit for multiple techniques ...............................
15
fines........................................................................
71
grandfathering provisions.....................................68
meter water use data ............................................
graywater credit .....................................................
is
laundry waste system credit .................................
19
Registration
Rule
application ..............................................................
47
disciplinary guidelines ...........................................
49
employment...........................................................
47
general...................................................................
47
homeowner exemption ..........................................
67
out-of-state experience .........................................
47
plumber exemption....................................47,
78, 88
renewal...................................................................
48
Regulatory floodway, defined .....................................
6
Reinspection...........................................7,
8, 56, 60, 61
Repair
absolute minimum setbacks .................................
36
alternative method ................................................
35
alternative, chemical .............................................
35
alternative, high-pressure.....................................35
alternative, physical disruption .............................
35
alternative, records ................................................
41
application..............................................................
35
available area assessment ...................................
41
commercial............................................................
40
construction standards ..........................................
36
defined......................................................................
6
inspection.................................................................
8
permit expiration....................................................
35
replacement in original location ...........................
41
required setbacks..................................................36
rootclogging..........................................................
40
site evaluation........................................................
35
tanks....................................................................1,
40
Research review and advisory committee
......... 67, 70
Residential, design flow............................................17
Restaurant
commercial sewage ................................................ 3
designflow.............................................................
15
high volume establishments.................................18
kitchen waste flow percentage .............................
18
meter water use data ............................................
14
Right of entry ..........................................................9,
56
Roof drains...........................................................14,
35
Rule
application of ...........................................................
1
interpretation of .....................................................
66
S
SaltMarsh.................................................................. 43
Sampling ............................................... 9.29'52.53.64
Sandfilters................................................................. 22
84
INDEX TO MARCH 3, 1998 RULE AND REFERENCED STATUTES
Sanitary facilities, policy .............................................
1
Sanitary pit privy............................................20,
66, 78
Septage disposal.......................................................
22
Septage, defined.........................................................
6
Septic tank
22
approval.................................................................
31
capacity.............................................................18,
19
child, tamper and vandal resistant .......................
30
construction standards ..........................................
29
defined......................................................................
6
design.....................................................................
29
dosing pumps in ....................................................
33
fiberglass, standards .............................................
29
inletdevice.............................................................
31
legend.....................................................................
31
lid replacement......................................................23
10, 13, 20, 21, 39
manholes...........................................................29,
30
multi-chamber, required ........................................
30
multi-chamber, sizing ............................................
30
outlet filter.......................................................:.18,
53
outlet requirements ...............................................
31
pumps in ................................. ..
..............................
33
Septic tank contracting, authorization
.................... 50
Septic Tank Contractor .............................................
47
Setback
Storm water retention areas, setback ........... 11,12,68
building foundations ..............................................
11
ditches.........................................................11,
12, 68
effluent transmission line ......................................
13
grandfather provisions ..........................................
68
groundwater interceptor drain ...............................
12
land application of septage...................................
24
lots on or after 1972 ..............................................
11
mound system .......................................................
21
non -potable water lines................................9,
35, 40
non -potable water well ..........................................
11
potable water lines...........................................12,
40
pre 1972 lots.....................................................68,
69
private potable well..........................................11,
68
property lines.........................................................
11
public water well ....................................................
11
repairs.....................................................................
36
septage treatment facility .....................................
12
sidewalks and patios .............................................
12
storm water pipe...............................................11,
68
storm water retention areas.......................11,
12, 68
surfacewater.........................................................
12
swimming pool..................................................11,
21
Sewage, industrial............................................4,
15,69
Sewer availability.....................................68,
69, 71.72
subdivision.............................................................
66
Sewer connection, policy ..........................................
71
Sewer connection, repairs ........................................
72
Sewer connection, waiver .........................................
72
Site evaluation
criteria.....................................................................
13
newsystem..............................................................
9
repairs.....................................................................
35
soilprofiles.............................................................
10
SitePlan........................................................1,
9, 35, 54
Sleeved water lines..............................................12,
13
Small diameter gravity sewers .................................
22
Soil Conservation Service.............................13,
14, 20
Soil Profiles...............................................10,
20, 44, 57
Soils
coarse replacement ...............................................
20
effective depth........................................3,
13, 36, 39
extraneous material ...............................................
21
moderately limited ........... 3, 10, 13,
19, 20, 21, 33, 58
mottling...................................................................
13
permeability...........................................................
20
replacement...........................................................
20
severely limited ..............................
10, 13, 20, 21, 39
sieve analysis.............................................20,
34, 44
slightly limited ...................... 12, 13,
19, 20, 21, 33, 58
textural classification........................................20,
47
Stabilization, lime, tank design ................................
32
Stabilization, mound systems ..................................
21
Stabilization, mound systems, responsibility.......... 21
Standard 41 (non discharging systems) .................. 20
Standard subsurface system, defined ....................... 6
Storm sewer pipe
setback..............................................................11,
68
Storm water retention areas, setback ........... 11,12,68
Subdivision
defined.................................................................6,
66
grandfather provisions ..........................................
10
lotdensity...............................................................
67
sewer availability...................................................
66
Surface Water
defined...........................................................6,
57, 66
setback...............................11, 21,
24, 35,45, 57, 65
Swale, defined.............................................................7
T
Tables
I. Estimated Sewage Flows .................................. 15
ll. Septic tank capacity .......................................... 18
III. Loading rates fordrainfields ............................ 19
IV. Aerobic System Plant Sizing .......................... 27
IX. Maximum Equivalent LTARs.......................... 57
V. Repair System Setbacks .................................. 36
VI. Residential repairs in slightly limited soil...... 40
VII. Residential repairs in moderately limited soil40
VIII. Commercial repairs of subsurface or filled
sys....................................................................... 40
Technical review and advisory panel .................69, 72
Temporary
defined...................................................................... 7
facilities, policy........................................................ 1
holding tanks ........................... 1, 6, 10, 22, 23, 25, 47
portable toilets .............................. 1, 6, 22. 23, 25, 47
prohibition for permanent structures ...................... 1
Ten year flood elevation........................................4, 14
35
INDEX TO MARCH 3, 1998 RULE AND REFERENCED STATUTES
Toilets
Incinerating...........................................14,
20, 66, 78
organic waste....................................................14,
20
portable.....................................................1,
6, 22, 25
waterless.....................................................14,
66, 78
Toxic and hazardous chemicals ..........
7, 24, 64, 66, 69
Training of department employees ..........................
67
Transferring permits and variances ..........
7, 55, 67, 68
TSS ........................................... 3, 51,
52, 53, 54, 58, 59
Two year flood...........................................................
14
U
Undisturbed native soil....................................3,
4, 6, 7
Undocumented system........................................44,
46
Uniformity coefficient...........................................44,
45
Unobstructed land............................................8,
12, 14
Upgrades......................................................................
2
USDA, Soil Conservation Service ................13,
14, 20
V
Variance.............................28, 55, 60,
61, 68, 69, 70, 72
W
Warranty disclaimer...............................2,
8, 26, 34, 56
Water table
defined.................................................................7,
10
determination.........................................................
13
reference to benchmark ........................................
10
separation required ...............................................
13
Well
community public....................................................5
injection ...........................................
41, 44, 45, 46, 70
installation after final approval ...............................
8
limiteduse................................................................6
non -community ....................................................
5,6
non-transient............................................................
6
potable......................................................................
5
private...............................................5,
11, 12, 13, 68
public.........................................................5,
9, 11, 12
setbacks, effluent transmission line
..................... 13
setbacks, OSTDS.............................................11,
68
setbacks, septage stabilization tank...............11, 68
Wettest season............................................................
7
86
INDEX TO MARCH 3, 1998 RULE AND REFERENCED STATUTES