reglab/statecodes huggingface dataset:
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-4 - PERMITS › Section 62-4.243 - Exemptions from Water Quality Criteria

Current through Reg. 50, No. 138; July 16, 2024
(1) Exemptions for Artificial Water Bodies
				Classified for Agricultural Water Supplies.
(a) The Secretary shall upon the petition of
				an affected person or permit applicant, and after public notice in the Florida
				Administrative Register and in a newspaper of general circulation in the area
				of the waters affected, and after opportunity for public hearing pursuant to
				Chapter 120, F.S., issue an Order for the duration of the permit specifically
				exempting a source of pollution from the Class IV water quality criteria
				contained in Rule 62-3.131, F.A.C., for wholly artificial bodies of water upon
				affirmative demonstration by the Petitioner of the following:
1. Granting the exemption is in the public
				interest; and,
2. The public has
				limited access to the waters under consideration; and,
3. The waters are not used for recreation;
				and,
4. Compliance with presently
				specified criteria is unnecessary for the protection of potable water supplies
				and animals, plants, or aquatic life using the waters; and,
5. Granting the exemption will not interfere
				with existing uses or the designated use of the waters or contiguous waters;
				and,
6. The economic, environmental
				and social costs of compliance with the existing criteria outweigh the social,
				environmental, economic and social benefits of compliance; and
				additionally,
7. The presently
				specified water quality criteria cannot be met with currently available
				technology, or
8. The costs of
				compliance with the presently specified criteria involved are so high that they
				must be spread over a considerable period of time, or
9. Some other type of hardship will
				occur.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-4 - PERMITS › Section 62-4.249 - Preservation of Rights (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061,
					 403.062,
					 403.087,
					 403.504,
					 403.704,
					 403.804,
					 403.805 FS. Law Implemented
					  403.021,
					  403.061,
					  403.087,
					  403.088,
					  403.091,
					  403.101,
					  403.121,
					  403.141,
					  403.161,
					  403.182,
					  403.502,
					  403.702,
					  402.708 FS.
New 3-1-79, Amended 8-31-88, Formerly 17-4.249, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-4 - PERMITS › Section 62-4.250 - Water Pollution Temporary Operation Permits; Conditions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.021,
					 403.031,
					 403.061,
					 403.088 FS. Law Implemented
					 403.021,
					 403.031,
					 403.061,
					 403.087,
					 403.088(5)(c)
					 FS.
New 5-17-72, Amended 3-26-74, Formerly 17-4.25, Amended
					 8-31-88, 9-13-89, Formerly 17-4.250, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-4 - PERMITS › Section 62-4.510 - Scope of Part III

Current through Reg. 50, No. 138; July 16, 2024
This Part defines general permits and establishes the
				  procedures for persons who may wish to use a general permit, except that the
				  procedures for any person who may wish to use a general permit for a source of
				  air pollutant emissions, and all conditions of such a general permit, are
				  established at Chapters 62-210 and 62-213, F.A.C. The provisions of this Part
				  shall not apply to activities regulated under Part IV of Chapter 373, F.S.
				  However, this Part shall continue to apply to those activities grandfathered
				  under Sections  373.414(11), (12)(a), (13), (14), (15),
				  (16)  and
				   373.4145(6),
				  F.S.
Rulemaking Authority
					 373.026,
					 373.043,
					 373.044,
					 373.109,
					 373.113,
					 373.4145,
					 373.418,
					 403.021,
					 403.031,
					 403.061,
					 403.087,
					 403.814(1) FS.
					 Law Implemented 373.026, 373.044, 373.109, 373.409, 373.413, 373.4135,
					 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.418, 403.021,
					 403.031, 403.061, 403.087, 403.088, 403.814, 403.702-.73, 403.851-.864
					 FS.
New 7-8-82, Formerly 17-4.51, Amended 8-31-88, Formerly
					 17-4.510, Amended 4-18-95, 7-4-95, 10-16-95, 4-16-01,
					 10-1-07.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-4 - PERMITS › Section 62-4.520 - Definition

Current through Reg. 50, No. 138; July 16, 2024
A general permit is a permit issued by rule of the Department
				  pursuant to Section  403.814, F.S., which authorizes
				  persons to undertake certain activities which cause minimal adverse
				  environmental impact when performed in accordance with specific requirements
				  and practices set forth in the general permit. A general permit also
				  constitutes water quality certification pursuant to Section 401, Public Law
				  92-500, 33 USC Section
				  1341, for the activity described in the
				  general permit when the activity is performed in accordance with all applicable
				  rules of the Department.
Rulemaking Authority
					 403.814 FS. Law Implemented
					 403.061, 403.087, 403.088, 403.814, 403.702-.73, 403.851-.864, 403.91-.938
					 FS.
New 7-8-82, Formerly 17-4.52, Amended 8-31-88, 7-11-90,
					 Formerly 17-4.520.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-4 - PERMITS › Section 62-4.530 - Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) Persons wishing to use one or more of the
				general permits set forth in the Department's rules shall, at least 30 days
				before beginning any work, notify the Department in writing or on forms adopted
				by the department. They shall describe the proposed project, and include
				supporting documents depicting the proposed project, its location, and other
				pertinent information as required by rule to demonstrate that they qualify for
				the requested general permit. Persons wishing to use a general permit shall
				notify the appropriate office of the Department in writing. Persons wishing to
				use a general permit are hereby placed on notice that projects undertaken
				without proof of notice to the Department shall be considered as being
				undertaken without a permit and shall be subject to enforcement pursuant to
				Section  403.161, F.S.
(2) A proposed project which may be
				reasonably expected to violate air quality standards, water quality standards,
				or drinking water standards or which will not meet the public interest
				requirements set forth in Chapter 403, F.S., shall not be entitled to use of a
				general permit.
(3) Pursuant to
				Section  258.397, F.S., no project which
				is located in the Biscayne Bay Aquatic Preserve is eligible for a general
				permit.
(4) Suspension or
				revocation of the use of a general permit shall be in accordance with Chapter
				120, F.S. Good cause for the suspension or revocation shall include:
(a) Submission of false or inaccurate
				information in the notification for use of a general permit or in the required
				reports;
(b) Violation of law,
				Department orders, rules or permit conditions;
(c) Refusal of lawful inspection under
				Section  403.091, F.S., or
(d) Any other act on the part of the
				permittee in the use of the general permit which results or may result in harm
				or injury to human health or welfare, or which causes harm or injury to animal,
				plant or aquatic life, or to property.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-6 - STANDARDS FOR ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS › Part I - General Provisions except those specific to Parts II and IV › Section 62-6.005 - Location and Installation

Current through Reg. 50, No. 138; July 16, 2024
All systems must 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 must not be discharged onto
					 the ground surface or directly or indirectly discharged into ditches, drainage
					 structures, ground waters, surface waters, or aquifers. To prevent such
					 discharge or health hazards:
(1)
				  Systems established after the effective date of the rule must be placed no
				  closer than the minimum distances indicated for the following:
(a) Seventy-five feet from a private potable
				  well as defined in paragraph
				   62-6.002(44)(a),
				  F.A.C., or a multi-family water well as defined in paragraph
				   62-6.002(44)(c),
				  F.A.C.
(b) One-hundred feet from a
				  public drinking water well as defined in paragraph
				   62-6.002(44)(b),
				  F.A.C., if such a well serves a facility with an estimated sewage flow of 2,
				  000 gallons or less per day.
(c)
				  Two-hundred feet from a public drinking water well as defined in paragraph
				   62-6.002(44)(b),
				  F.A.C., if such a well serves a facility with an estimated sewage flow of more
				  than 2, 000 gallons per day.
(d)
				  Fifty feet from a non-potable water well as defined in subsection
				   62-6.002(39),
				  F.A.C.
(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.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-6 - STANDARDS FOR ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS › Part I - General Provisions except those specific to Parts II and IV › Section 62-6.006 - Site Evaluation Criteria

Current through Reg. 50, No. 138; July 16, 2024
Onsite sewage treatment and disposal systems may be
					 utilized where lot sizes are in compliance with requirements of subsection
					  62-6.005(7),
					 F.A.C., 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. Where limestone is
				  found to be discontinuous along the horizontal plane and is dispersed among
				  slightly or moderately limited soils, the Department Policy for Drainfield
				  Sizing in Areas With Discontinuous Limestone, August 1999, (formerly from
				  Department of Health), herein incorporated by reference, shall be
				  used.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-6 - STANDARDS FOR ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS › Part I - General Provisions except those specific to Parts II and IV › Section 62-6.010 - Septage and Food Establishment Sludge

Current through Reg. 50, No. 138; July 16, 2024
(1)
				  No septic tank, grease interceptor, privy, or other tank associated with an
				  onsite sewage treatment and disposal system can be cleaned or have its contents
				  removed until the service person has obtained an annual operating permit from
				  the 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, domestic waste, or domestic septage. Such
				  authorization applies to all septage produced in the State of Florida, and food
				  establishment sludge which is collected for disposal from onsite sewage
				  treatment and disposal systems.
(2)
				  Application for a service permit must be made to the Department on Form DEP
				  4012, effective date 06-21-2022, "Application for Septage Disposal Service
				  Permit, Temporary System Service Permit, Septic Tank Manufacturing Approval"
				  herein incorporated by reference at
https://www.flrules.org/Gateway/reference.asp?No=Ref-14364
.
				  Any change to the permit conditions requires a permit amendment using form DEP
				  4012. Permit amendments do not alter the permit issue or expiration date.
				  Copies of this document are available as provided in subsection (10) below. 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 1, 500 gallons, pumps, 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 Department. Tanks used for the
				  storage of septage and food service sludges must be constructed, sized, and
				  operated in accordance with the following provisions:
1. Septage storage tanks must be constructed
				  of concrete, fiberglass, corrosion-resistant steel, polyethylene, or
				  polypropylene. Tanks must be watertight and must be water tested during the
				  inspection by the Department for leaks prior to placing into service. Storage
				  tanks installed after the effective date of this rule must meet the setback
				  requirements of paragraph
				   62-6.0101(7)(a),
				  F.A.C.
2. Construction of concrete
				  tanks must be at a minimum equal to that required of concrete septic tanks in
				  Rule  62-6.013, F.A.C. Fiberglass
				  tanks and tanks of similar materials must be constructed in accordance with
				  standards found in Rule
				   62-6.013,
				  F.A.C.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-6 - STANDARDS FOR ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS › Part I - General Provisions except those specific to Parts II and IV › Section 62-6.011 - Abandonment of Systems

Current through Reg. 50, No. 138; July 16, 2024
(1) Whenever the
				  use of an onsite sewage treatment and disposal system is discontinued following
				  connection to a sanitary sewer or discontinuing the use of a septic tank and
				  replacement with another septic tank, the system shall be abandoned within 90
				  days and any further use of the system for any purpose shall be prohibited.
				  However, if the Department 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 required fee. Upon receiving a permit:
(b) The tank shall be pumped out by a
				  permitted septage disposal company who shall provide a receipt or a written
				  certification to the Department. Alternatively, if the tank is empty and dry at
				  the commencement of the abandonment, a written statement to that effect by the
				  septage disposal company or the contractor performing the abandonment shall be
				  provided to the Department.
(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.
(e) An inspection of the system abandonment
				  shall be conducted by the Department or by the local utility or plumbing
				  authority performing the system abandonment.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-6 - STANDARDS FOR ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS › Part I - General Provisions except those specific to Parts II and IV › Section 62-6.012 - Standards for the Construction, Operation, and Maintenance of Aerobic Treatment Units

Current through Reg. 50, No. 138; July 16, 2024
When aerobic treatment units are used for treating domestic
					 and commercial sewage waste, each unit must be installed, operated and
					 maintained in conformance with the following provisions:
(1) Aerobic treatment units designed to treat
				  up to 1, 500 gallons of sewage waste per day must be listed by a third party
				  certifying program approved by the Department. Aerobic treatment units must be
				  in compliance with at least one of the following standards: Class I systems as
				  defined by NSF International Standard/American National Standard (NSF/ANSI)
				  40-2020, "Residential Wastewater Treatment Systems" (November 2020); nitrogen
				  reduction as defined by NSF/ANSI 245-2020, "Wastewater Treatment Systems -
				  Nitrogen Reduction" (November 2020); or onsite residential and commercial water
				  reuse treatment systems as defined by NSF/ANSI 350-2020, "Onsite Residential
				  and Commercial Water Reuse Treatment Systems" (April 2020). These NSF/ANSI
				  standards are hereby adopted and incorporated by reference, have been deemed
				  copyright protected, and are available for inspection as provided in subsection
				  (6) below. An approved third party certifying program must 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 of the results of
				  monitoring visits to manufacturers and distributors annually, within 60 days of
				  the conclusion of the calendar year. Approved distributors must be reported by
				  the manufacturer to the certifying agency.
(d) Submit completion reports on testing for
				  review by the Department.
(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 the NSF/ANSI standard appropriate for the application.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-6 - STANDARDS FOR ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS › Part I - General Provisions except those specific to Parts II and IV › Section 62-6.014 - Construction Standards for Drainfield Systems

Current through Reg. 50, No. 138; July 16, 2024
(1) Distribution box - where distribution
				  boxes are used for distributing sewage from the septic tank or other onsite
				  sewage tank to the drainfield lines, the following requirements must be adhered
				  to:
(a) Distribution boxes must be watertight,
				  constructed of durable materials, have adequate structural strength, and be of
				  sufficient size to accommodate the required number of drainfield
				  lines.
(b) Each drainfield line
				  must be connected individually to the box.
(c) The invert of inlets to the box must be
				  at least 1'' inch above the invert of the outlets. The invert of all outlets
				  must be level with respect to each other.
(d) The distribution box must be built as a
				  separate unit from the septic tank and must be set level on solid ground or in
				  mineral aggregate.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-6 - STANDARDS FOR ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS › Part I - General Provisions except those specific to Parts II and IV › Section 62-6.015 - Permitting and Construction of Repairs

Current through Reg. 50, No. 138; July 16, 2024
All repairs made to a failing onsite sewage treatment and
					 disposal system shall be made only with prior knowledge and written approval
					 from the 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 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 DEP 4016 only after the submission of an application
				  accompanied by the necessary exhibits and fees. Form DEP 4015 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
				  stormwater 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
				   62-6.008, Table I,
				  F.A.C.
(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.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-6 - STANDARDS FOR ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS › Part I - General Provisions except those specific to Parts II and IV › Section 62-6.0151 - Product Composition

Current through Reg. 50, No. 138; July 16, 2024
(1) Any product
				  sold or used in the state for use in an onsite sewage treatment and disposal
				  system shall be in compliance with the requirements of Section
				   381.0065(4)(m),
				  F.S. The following criteria shall be used in determining product compliance.
(a) Use of the product shall not result in
				  violations of Surface Water Quality Rule
				   62-302.500, F.A.C., effective
				  5-15-2002, or Groundwater Quality Rules
				   62-520.400 and
				   62-520.420, F.A.C., effective
				  12-9-1996.
(b) The product's
				  formula itself shall not exceed water quality contaminant concentrations in
				  Rule  62-302.500, F.A.C., effective
				  5-15-2002, or Rules  62-520.400 and
				   62-520.420, F.A.C., effective
				  12-9-1996.
(c) The product shall
				  contain no substance in concentrations or amounts that would interfere with or
				  prevent the successful operation of an onsite sewage treatment and disposal
				  system.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-6 - STANDARDS FOR ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS › Part I - General Provisions except those specific to Parts II and IV › Section 62-6.016 - U.S. Department of Agriculture Soil Textural Classification System (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						381.0011(4),
						(13),
						 381.0065 (3)(a)
						FS. Law Implemented 381.0065,
						 381.00655 FS.
New 12-22-82, Amended 2-5-85, Formerly 10D-6.58, Amended
						3-17-92, 1-3-95, Formerly 10D-6.058, Repealed
						12-29-16.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-6 - STANDARDS FOR ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS › Part II - Florida Keys › Section 62-6.017 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
Definitions in Chapter 62-6, Parts I and III, F.A.C., are
					 also applicable to Chapter 62-6, Part II, F.A.C.
(1) 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.
(2) 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.
(3)
				  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.
(4) Minimum level of 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 following the final design treatment step of the onsite
				  sewage treatment and disposal system:
(a) Biochemical Oxygen Demand
								(CBOD5)
10 mg/1
(b) Suspended Solids
10 mg/1
(c) Total Nitrogen, expressed as N
10 mg/1
(d) Total Phosphorus, expressed as P
1 mg/1
(5)
				  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.
Monanthochloe littoralis
Key grass,
5.
Salicornia
				  spp.
Glasswort,
6.
Sesuvium portulacastrum
Sea purslane; and,
7.
Spartina spp.
Cordgrass.
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.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-6 - STANDARDS FOR ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS › Part II - Florida Keys › Section 62-6.0182 - Coordinated Permitting

Current through Reg. 50, No. 138; July 16, 2024
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, and is available by contacting the Department.
					 Chapter 28-20, F.A.C., and the MOU establish a permit allocation system for
					 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 policy.
Rulemaking Authority 381.0011(4), (13), 381.006, 381.0065(3)(a), (4)(k) FS., Ch. 99-395, LOF. Law Implemented  154.01,  381.0011(4),  381.006(7),  381.0065,  381.00655,  386.01,  386.03,  386.041 FS., Ch. 99-395, LOF.
New 3-3-98, Amended 3-22-00, Formerly  64E-6.0182.
The adopted version of this section by Florida Register Volume 48, Number 096, May 17, 2022 is not yet available.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-6 - STANDARDS FOR ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS › Part III - Registration of Septic Tank Contractors, Private Provider Inspectors, and Authorization of Partnerships and Corporations › Section 62-6.019 - Requirements for Registration

Current through Reg. 50, No. 138; July 16, 2024
(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;
(f)
				  Abandonment of an onsite sewage treatment and disposal
				  system.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-6 - STANDARDS FOR ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS › Part III - Registration of Septic Tank Contractors, Private Provider Inspectors, and Authorization of Partnerships and Corporations › Section 62-6.020 - Master Septic Tank Contractors

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				  septic tank contractor or a plumbing contractor certified under Section
				   489.105(3)(m),
				  F.S., who is eligible under Sections
				   489.553(5)(a) and
				  (b), F.S., may apply to the Department on
				  Form DEP 4105, 10/96, Application for Master Septic Tank Contractor
				  Registration, hereby incorporated by reference, to take the master contractor
				  examination provided by 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 more than 60
				  accumulated days as "inactive" or include any registration probation or
				  suspension imposed by the Department through administrative action.
(b) Has not been assessed more than $500.00
				  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) Has
				  successfully resolved any disciplinary action involving septic tank contracting
				  where an administrative action was commenced by the Department prior to the
				  filing of the application.
(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
				  successfully 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, system material and
				  construction standards, and regulatory requirements.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-6 - STANDARDS FOR ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS › Part III - Registration of Septic Tank Contractors, Private Provider Inspectors, and Authorization of Partnerships and Corporations › Section 62-6.023 - Certification of Partnerships and Corporations

Current through Reg. 50, No. 138; July 16, 2024
(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 made to the Department on Form DEP 4077, 04/03,
				  Application for Certificate of Authorization, herein incorporated by reference,
				  and shall be accompanied by all necessary exhibits and fees. A business that
				  applies for a certificate of authorization after the mid point of the biennial
				  authorization cycle shall pay one/half the fee required in Rule
				   62-6.030, F.A.C.
(b) Any certificate of authorization not
				  renewed in a timely manner shall expire. 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 day after the expiration date of the certificate.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-6 - STANDARDS FOR ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS › Part IV - Performance-based Treatment Systems › Section 62-6.026 - Applications for Innovative System Permits and System Construction Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) Applications for innovative system
				  permits - Applications for innovative system permits shall be made using form
				  DEP 3143. The application and all supporting information shall be signed, dated
				  and sealed by an engineer, licensed in the State of Florida. Except as provided
				  for in subsection  62-6.028(3),
				  F.A.C., alternative drainfield materials and designs shall not be approved
				  which would result in a reduction in drainfield size using the mineral
				  aggregate drainfield system as described in Rule
				   62-6.014, F.A.C., and the total
				  surface area of soil at the bottom of the drainfield as the criteria for
				  drainfield sizing comparisons. Applications shall include:
(a) A monitoring protocol designed to
				  validate that the system will perform to the engineer's design
				  specifications.
(b) Compelling
				  evidence that the system will function properly and reliably to meet the
				  requirements of this chapter and Section
				   381.0065, F.S. Such compelling
				  evidence shall include one or more of the following from a third-party testing
				  organization approved through the NSF Environmental Technology Verification
				  Program:
1. Side stream testing, where
				  effluent is discharged into a system regulated pursuant to Chapter 403,
				  F.S.
2. Testing of systems in other
				  states with similar soils and climates.
3. Laboratory
				  testing.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-6 - STANDARDS FOR ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS › Part IV - Performance-based Treatment Systems › Section 62-6.0295 - Innovative System Reclassification

Current through Reg. 50, No. 138; July 16, 2024
(1)
				  Following the installation and monitoring of the number of systems allowed by
				  the innovative system permit, the applicant may request reclassification of
				  their innovative system by the Onsite Sewage Program. Requests for
				  reclassification as an alternative system component and design shall be made in
				  accordance with subsection
				   62-6.009(7),
				  F.A.C. Requests for reclassification as a performance-based treatment system
				  shall include the following:
(a) Results and
				  analysis of monitoring of the systems installed.
(b) Observations of system
				  performance.
(c) Maintenance,
				  repairs or modifications performed on any systems.
(d) Comments from the system operators or
				  users.
(e) Comments from the design
				  engineers who designed the individual system designs.
(f) Comments from the Department in the
				  counties where the systems were installed.
(g) Specification of the proposed
				  classification as performance-based.
(h) Rationale for the proposed type of
				  classification desired.
(i)
				  Proposed monitoring protocol.
(j) A
				  sample manual addressing the siting, design, installation, inspection,
				  operation, maintenance and abandonment procedures.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-6 - STANDARDS FOR ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS › Part V - Fees for Services › Section 62-6.030 - Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) The following fees are required for
				  services provided by the Department.
(a) Application and plan review for construction
								permit for new system.
$100.00
(b) Application and approval for existing system,
								if system inspection is not required.
$35.00
(c) Application and Existing System
								Evaluation.
$50.00
(d) Application for permitting of a new
								performance-based treatment system.
$125.00
(e) Site evaluation.
$115.00
(f) Site re-evaluation.
$50.00
(g) Permit or permit amendment for new system,
								modification or repair to system.
$55.00
(h) Research/Training surcharge, new and repair
								permits.
$5.00
(i) Initial system inspection.
$75.00
(j) System reinspection (stabilization,
								non-compliance or other inspection after the initial inspection).
$50.00
(k) Application for system abandonment permit,
								includes permit issuance and inspection.
$50.00
(l) Annual operating permit
								industrial/manufacturing zoning or commercial sewage waste.
$150.00
(m) Biennial operating permit for aerobic treatment
								unit or performance-based treatment system.
$100.00
(n) Amendment to operating permit.
$50.00
(o) Tank Manufacturer's Inspection per
								annum.
$100.00
(p) Septage Disposal Service permit per
								annum.
$75.00
(q) Portable or Temporary Toilet Service permit per
								annum.
$75.00
(r) Additional charge per pumpout vehicle, septage
								disposal service or portable toilet service.
$35.00
(s) Septage stabilization facility inspection fee
								per annum per facility.
$150.00
(t) Septage disposal site evaluation fee per
								annum.
$200.00
(u) Aerobic treatment unit maintenance entity
								permit per annum.
$25.00
(v) Variance Application for a single family
								residence per each lot or building site.
$200.00
(w) Variance Application for a multi-family or
								commercial building per each building site.
$300.00
(x) Application for innovative product
								approval.
$2,500.00
(2)
				  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.
$75.00
(b) Initial registration.
$100.00
(c) Renewal of registration.
$100.00
(d) Certificate of authorization each two-year
								period.
$250.00
Rulemaking Authority
						154.06(1),
						381.0066,
						489.557(1) FS.
						Law Implemented 381.0065,
						381.0066,
						489.557
						FS.
New 2-3-98, Amended 3-22-00, 4-21-02, 5-24-04, 11-26-06,
						9-24-07, Formerly  64E-6.030.
The adopted version of this section by
					 Florida
					 Register Volume 48, Number 096, May 17, 2022 is not yet
					 available.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-8 - AD VALOREM TAX ASSESSMENT RULES - GUIDELINES FOR TAX ASSESSORS › Section 62-8.001 - Intent (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 193.621(6) FS.
					 Law Implemented 403.021(7),
					 193.621
					 FS.
Formerly 28-8.01, 17-8.01, 17-8.001, Repealed
					 11-26-15.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-8 - AD VALOREM TAX ASSESSMENT RULES - GUIDELINES FOR TAX ASSESSORS › Section 62-8.020 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
In construing this chapter, the words, phrases or terms shall
				  have the following meaning:
(1) "Used
				primarily" - that the use of a facility in the control or abatement of
				pollution or contaminants which outweighs its use for any other
				purpose;
(2) "Salvage value" - the
				estimated fair market value, if any, which may be realized upon the sale or
				other disposition of a pollution control facility when it can no longer be used
				for the purpose for which it was designed;
(3) "Pollution control facilities" - devices,
				fixtures or machinery which are used to remove, decrease, stop or mitigate, by
				physical or chemical action, pollutants or contaminants which are a part or
				entirely of liquid, solid or gases released to the ambient air and
				water.
Rulemaking Authority
					 193.621(6) FS.
					 Law Implemented 403.021(7),
					 193.621
					 FS.
Formerly 28-8.02, 17-8.02,
					 17-8.020.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-8 - AD VALOREM TAX ASSESSMENT RULES - GUIDELINES FOR TAX ASSESSORS › Section 62-8.030 - Request for Assistance

Current through Reg. 50, No. 138; July 16, 2024
(1) The several tax
				assessors may, prior to assessing pollution control facilities or devices for
				ad valorem taxes, request the Florida Department of Environmental Protection to
				evaluate applications and advise the assessor as to the validity of the request
				for an assessment under the provisions of section
				 193.621, F.S.
(2) Prior to approving an assessment for ad
				valorem taxes under the provisions of section
				 193.621, F.S., a tax assessor
				should require the applicant to submit with his applications a detailed list of
				pollution control devices being utilized by a facility; the cost of these
				devices; the function of the facility as it relates to pollution control and
				production. This information should be certified as being correct by a
				professional engineer registered in the State of Florida.
Rulemaking Authority
					 193.621(6) FS.
					 Law Implemented 403.021(7),
					 193.621
					 FS.
Formerly 28-8.03, 17-8.03,
					 17-8.030.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-8 - AD VALOREM TAX ASSESSMENT RULES - GUIDELINES FOR TAX ASSESSORS › Section 62-8.040 - Procedures

Current through Reg. 50, No. 138; July 16, 2024
In considering an assessment for ad valorem taxes under
				  Section  193.621, F.S., the tax assessor
				  may utilize the following guidelines in determining whether the facilities
				  claimed are used primarily for pollution control purposes and subject to
				  assessment under Chapter 193, F.S.:
(1) If the person owning or responsible for
				operation of the facility secured approval of such equipment prior to its
				installation, in accordance with the rules and regulations of the
				Board.
(2) Upon written request by
				a tax assessor, the Department of Environmental Protection will determine the
				applicable use of a facility with respect to Section
				 193.621(1),
				F.S. For this purpose the applicant must submit to the assessor, for submission
				to the Department, the following information prepared by a professional
				engineer registered in the State of Florida:
(a) Plans and specifications and related
				documents describing the equipment alleged to be used for pollution control.
				Plans or other information relative to the process which is controlled,
				adequate in scope to validate the claim for the proposed control
				equipment.
(b) A list of pollution
				control equipment which the applicant declares subject to assessment under
				Chapter 193, F.S., certified as to its true primary use by the engineer. The
				assessor may require on the equipment list the salvage value of each
				item.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-11 - AQUATIC ANIMAL DAMAGE VALUATION › Section 62-11.002 - Threatened and Endangered Fish Species

Current through Reg. 50, No. 138; July 16, 2024
The values for the threatened and endangered fish species, as
				  listed in Rules 39-27.003 and 39-27.004, F.A.C., shall be assessed at a minimum
				  value of $10, 000.00 per fish for endangered species and at a minimum value of
				  $5, 000.00 per fish for threatened species.
Rulemaking Authority
					 403.061,
					 403.141 FS. Law Implemented
					 403.061,
					 403.141,
					 403.161, FS., Chapter 92-113,
					 Laws of Florida.
New 2-16-93, Formerly
					 17-11.002.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-11 - AQUATIC ANIMAL DAMAGE VALUATION › Section 62-11.003 - Damages to Other Resources, Flora or Fauna (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061,
					 403.141 FS. Law Implemented
					 403.061,
					 403.141,
					 403.161
					 FS.
New 2-16-93, Formerly 17-11.003, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-16 - RENEWABLE ENERGY TECHNOLOGIES AND ENERGY EFFICIENCY › Section 62-16.100 - General (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority
					 377.804(3),
					 377.806(7),
					 220.192(3) FS.
					 Law Implemented 377.801,
					 377.802,
					 377.803,
					 377.804,
					 377.806,
					 220.192
					 FS.
New 10-22-07, Transferred to
					  27N-1.100.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-16 - RENEWABLE ENERGY TECHNOLOGIES AND ENERGY EFFICIENCY › Section 62-16.200 - Definitions (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority
					 377.804(3),
					 377.806(7),
					 220.192(3) FS.
					 Law Implemented 377.802,
					 377.804,
					 377.806,
					 220.192
					 FS.
New 10-22-07, Transferred to
					  27N-1.200.