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 a construction permit has been issued on Form DH 4016, 08/09, Construction Permit, herein incorporated by reference. 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 run 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 making minor structural corrections to a tank, or distribution box, does not constitute a repair.

(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 subsection 64E-6.003(3), F.A.C., 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 plans and specifications submitted with the permit application.

1. In addition, if the system was designed by an engineer, who shall be licensed 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 licensed 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.

3. If an operating permit is required for the onsite sewage treatment and disposal system, final installation approval shall not be granted until the operating permit application and fee have been received by the Department.

(d) Where an establishment is serviced by an onsite sewage treatment and disposal system, Section 381.0065(4), F.S., shall govern when occupancy of a building can be allowed. “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 annual or biennial operating permit and the structures which they serve shall be inspected by the department at least once per year during the term of the permit to determine compliance with the terms of the operating permit.

(3) Repair Inspections – A system repair shall be inspected by the department or a master septic tank contractor to determine compliance with construction permit standards prior to final covering of the system. Inspections shall comply with subsection 64E-6.003(2), F.A.C., and the following:

(a) A master septic tank contractor may, at their option, cover a system repair when the following conditions are met:

1. The master septic tank contractor has requested an inspection from the department during the normal duty day before the date and time the repair will be ready for inspection. Inspections must be scheduled during normal inspection hours and in conjunction with the inspection schedule of the county health department having jurisdiction.

2. At the date and time specified for inspection, the department is not on site to conduct an inspection within 30 minutes of the scheduled time. If the department is on site to conduct the inspection and the system is not ready for inspection within 30 minutes after the scheduled time, a reinspection shall be requested. A reinspection fee shall be charged. Contractors shall cancel or reschedule inspections not later than two hours prior to the scheduled time. In such cases, no reinspection fee shall be charged.

3. The master septic tank contractor is physically on site and conducts the inspection.

(b) The master septic tank contractor shall document the inspection on page 3 of Form DH 4016, and fax or hand deliver the form to the department by the next normal duty day following the inspection.

(c) A master septic tank contractor shall not cover a system repair when the department has performed an inspection and has notified the contractor of violations. Any system that has been inspected by the department and found to be in violation of construction standards of this rule, must receive a reinspection from the department before the system may be covered. A reinspection fee shall be charged for each reinspection leading to final approval.

(d) The department shall issue a “final approval” of the system repair based on the master septic tank contractor’s inspection.

(e) Nothing herein prevents the department from inspecting a system inspected by a master septic tank contractor. No inspection is final until approved by the department.

(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 continued use of a system when the permit has become void by injunction or other procedure authorized by law.

(5) Operating permits – No business or facility 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; or where a business will generate commercial sewage waste; and no structure shall be occupied where an aerobic treatment unit or performance-based treatment system 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, 10/96 “Application for Onsite Sewage Treatment and Disposal System Operating Permit,” is herein incorporated by reference.

(a) Property owners or their authorized agents are required to obtain an annual operating permit for systems located in an area zoned or used for industrial or manufacturing purposes or its equivalent or where a business will generate commercial sewage waste. 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 Business Survey, Form DH 4081A, 10/96, herein incorporated by reference, must be completed and submitted to the DOH county health department for review. Changes in building occupancy shall be reviewed per Section 381.0065(4), F.S.

(c) Maintenance entities contracting to service aerobic treatment systems and performance-based treatment systems shall obtain a biennial operating permit from the DOH county health department for the system. Persons operating an aerobic treatment unit or 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. 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, or where the system receives commercial sewage, shall not be required to obtain another operating permit for an aerobic treatment unit or performance-based treatment system at that site. Performance-based treatment systems that also include an aerobic treatment unit require only one biennial operating permit for the system.

(6) Expired Permits – Any new construction, repair, or modification permit issued by the department, that has received construction approval within the previous five years but has not received final approval may be approved provided all of the following conditions are met:

(a) The applicant or agent provides a written statement that there have been no changes in application or site conditions from the original permit. The statement must specifically address any changes on adjacent lots.

(b) A site re-evaluation confirms that site conditions have not changed sufficiently to place the system in violation of the rules under which it was permitted and received construction approval.

(c) Fees for a new construction permit and the research/training surcharge are paid. A site re-evaluation fee is paid, if applicable. A new permit shall be issued under the rules under which the original permit was issued.

(d) A final system inspection is performed showing compliance with all rules under which the construction approval was granted. If applicable, a system re-inspection fee is paid.

(7) All materials incorporated herein may be obtained from the Bureau of Onsite Sewage Programs at www.MyFloridaEH.com or 4052 Bald Cypress Way, Bin A08, Tallahassee, Florida 32399-1713.

Rulemaking Authority 381.0065(3)(a), 489.553(3), 489.557(1) FS. Law Implemented 381.0065, 381.0067, 386.041 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, Amended 3-22-00, 4-21-02, 5-24-04, 11-26-06, 6-25-09, 4-1-10, 4-28-10, 7-16-13.