Revisions to Chapter 62-6, Florida Administrative Code, (F.A.C.), entitled Standards for Onsite Sewage Treatment and Disposal Systems, are being considered to update regulations for the onsite sewage treatment and disposal ....

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLES:

62-6.027Permits and Inspections

PURPOSE AND EFFECT: Revisions to Chapter 62-6, Florida Administrative Code, (F.A.C.), entitled Standards for Onsite Sewage Treatment and Disposal Systems, are being considered to update regulations for the onsite sewage treatment and disposal systems (OSTDS) in Florida. The revisions are to provide an opportunity for public input and to clarify, in response to a Notice of Unadopted Rule Challenge Letter received by the Department on February 29, 2024, from Crotty Services, Inc., the requirements regarding the installation of certain septic systems pursuant to Chapter 62-6, F.A.C.

SUMMARY: The Department is proposing amendments to Rule 62-6.027, F.A.C., entitled Permits and Inspections. Proposed revisions to Rule 62-6.027, F.A.C., were initially part of a larger effort to adopt rules in Chapter 62-6, F.A.C., for the enforcement and auditing requirements of private provider inspections of OSTDS as directed by Chapter 2022-105, Laws of Florida. Proposed revisions will provide an opportunity for public input and to clarify the requirements regarding the installation of certain septic systems pursuant to Chapter 62-6, F.A.C.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The agency has determined that this rule will not have an impact on small business or likely increase directly or indirectly regulatory cost in excess of $200,000 in the aggregate within one year after implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the information expressly relied upon and described herein: because the adoption of the proposed rule does not increase regulatory costs directly or indirectly to the public.

Any person who wishes to provide information regarding a statement of estimated regulatory costs or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 381.0065(3)(a), 381.0065(8)(h), F.S.

LAW IMPLEMENTED: 381.0065, F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR. (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD)

Public participation is solicited without regard to race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status. Persons who require special accommodations under the American with Disabilities Act (ADA) or persons who require translation services (free of charge) are asked to contact Stacie Taylor at [phone] or [e-mail] at least ten (10) days before the hearing. If you have a hearing or speech impairment, please contact the agency using the Florida Relay Service, [phone] (TDD) or [phone] (voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS:

Elke Ursin, Division of Water Resource Management, MS 3596, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, [phone] or by email at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-6.027 Permits and Inspections

(1) through (4) No change.

(5) 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 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 inspect observe the entire installation and the engineer 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 as installed 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 required components are installed for the system to function as permitted and designed. 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 manual, will achieve the established performance standard and comply with all applicable statutory requirements and rules of the Department.”

(b) The design engineer must provide a signed, sealed, and dated detailed installation If the system construction is approved after an inspection by the 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 installation system approval.

(c) No change.

(d) Final installation approval will shall not be issued granted until the Department has confirmed that:

1. Receipt of the engineer’s certification as required in paragraph 62-6.027(5)(a), F.A.C., and the as-built drawing as required in paragraph 62-6.027(5)(b), F.A.C., indicating that all requirements for installation of the performance-based treatment system have been completed in compliance with the system construction permit, 

2. Other system construction all requirements, as reviewed during a system construction inspection, of this chapter, including building construction and lot grading are in compliance with the permit, and the plans and specifications provided with the permit application, including building construction and lot grading,

3. Tthe system maintenance entity has been identified to the Department, and the

4. That 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. 

(e) Issuance of a final installation approval does not imply that a system will perform satisfactorily for a specific period of time.

(6) and (7) No Change.

Rulemaking Authority 381.0065(3)(a) FS. Law Implemented 381.0065, Part I 386 FS. History–New 2-3-98, Amended 4-21-02, 6-18-03, 6-25-09, 4-28-10, Formerly 64E-6.027, Amended _____. 

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Eberhard Roeder

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Shawn Hamilton

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 03/27/2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 03/28/2024