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Article 15
Health Regulations
This Chapter shall
be designated as “PBC
Environmental Control Rule I – Onsite Sewage Programs.” The Florida Department
of Health (FDOH) is the delegated authority for the OSP per the Interagency
Agreement with the Florida Department of Environmental Protection (FDEP),
effective July 1, 2021. [Ord. 2022-019]
The provisions of
this Chapter shall apply to the following Onsite Sewage Treatment and Disposal
Systems (OSTDS) and Private Collection and Transmission Systems (PCTS): [Ord. 2011-002] [Ord. 2022-019]
A. An OSTDS
regulated under F.S.
§ 381.0065, as amended, that serves a residence or establishment with an
estimated domestic sewage flow of 10,000 gallons or less per day based on Table
I of Chapter
62-6, Florida Administrative Code (F.A.C.), which is not currently
regulated under F.S.
ch. 403; [Ord. 2011-002] [Ord.
2022-019]
B. An OSTDS
regulated under F.S.
§ 381.0065, that serves an establishment with an estimated commercial
sewage flow of 5,000 gallons or less per day, based on Table I of Chapter 62-6,
F.A.C., which is not currently regulated under F.S.
ch. 403; and, [Ord. 2011-002] [Ord.
2022-019]
C. An OSTDS which
has received variances from the FDEP from the requirements of F.S.
ch. 403, and from the jurisdictional flow limits of F.S.
ch. 381. [Ord. 2011-002] [Ord.
2022-019]
See Art. 1.H, Definitions and Acronyms.
A. No OSTDS shall
be installed, modified, abandoned, or repaired without a valid permit, or used
without obtaining final approval or release from the Health Department. [Ord. 2011-002]
B. No municipality
or political subdivision of the State of Florida, including PBC, shall issue a building
or plumbing permit for any building requiring the use of an OSTDS unless the
owner or builder has received a permit for such system from the Department. No
municipality or political subdivision of the State of Florida should issue a Business
Tax Receipt to an owner or tenant of a building or otherwise allow an
individual or business to relocate into or within an area zoned or used for
industrial or manufacturing purposes or its equivalent until the owner or
tenant has received written approval from the Department. Approval shall state
that the OSTDS serving the business has been evaluated, is not expected to
receive toxic or hazardous waste, and is adequately designed to meet the sewage
treatment and disposal needs of the business. [Ord. 2007-013]
C. Buildings used
or intended for human occupancy, employment, or service to the public and
locations where persons congregate shall provide toilets connected to an
approved sewage waste disposal system. Also, property or locations where
persons congregate and are employed, or where property is used by the public
for temporary and short periods of duration, such as construction sites, fairs,
carnivals, revivals, field locations of agricultural workers, encampments, or
other uses, shall be provided with portable toilets or other approved toilet
facilities. The number of toilet facilities to be provided shall be in
accordance with the local plumbing code, other applicable local regulations and
the F.A.C. Establishments with permanent structures shall not rely upon systems
designed for temporary use as the primary means of wastewater treatment and
disposal unless a temporary approval is issued by the Health Department. [Ord. 2011-002]
D. Sewage wastes
and effluents from an OSTDS shall not be allowed to surface onto the ground and
shall not be discharged into or permitted to enter streams, surface waters,
underground aquifers, ditches, or drainage structures.
E. No building or
premises shall be occupied, sub-let, or leased unless provided with an approved
sewage disposal system.
F. Wastewater
generated by industrial or commercial establishments shall not be discharged
into an OSTDS if the characteristics of the waste are such that it would cause
malfunctioning of the OSTDS and/or contamination of the groundwater. Wastewater
from such establishments shall be treated and disposed of in accordance with
the FDEP requirements. [Ord. 2011-002]
G. Treatment and
disposal of the wastewater from a building or establishment shall be in
compliance with FDEP standards and rules when any one of the following
conditions exist:
1. Sewage or wastewater contains industrial,
toxic, or hazardous waste.
2. An area is zoned for industrial or
manufacturing use, or its equivalent, where there is a likelihood the system
may be used for disposing of wastes which are not domestic wastes.
H. Any OSTDS used
for disposal of domestic sewage, which is designed, constructed, installed, or
modified after the effective date of this Chapter shall conform to the minimum
requirements and provisions of this Chapter. Should an emergency or epidemic
occur, the Department may approve temporary systems for waste disposal which
may differ from standards set forth in this Chapter, as long as the Department
supervises the operation of the temporary system.
I. Any existing
OSTDS installed under previous rules and regulations which becomes
non-conforming with this Chapter for conditions or purpose as approved and
which has not been placed in use for a period of one year or more, shall be
deemed unapproved and its use for such purpose prohibited.
J. Whenever an
approved sanitary sewer is made available under the conditions set forth in Art. 15.A.8.A of this Chapter,
any OSTDS shall be abandoned and the sewage wastes from the residences or
building discharged to the sanitary sewer within 90 days thereafter.
K. If an existing
OSTDS is disconnected from a structure that was made unusable or destroyed
following a disaster, the system may be reconnected to a rebuilt structure per
the provisions of F.S.
§ 381.0065(4)(y). [Ord. 2022-019]
L. When the use of
an OSTDS is discontinued, it shall be abandoned and its further use for any
purpose prohibited. An abandoned septic tank shall be (1) pumped out; (2) the
bottom suitably opened or ruptured so as to prevent the tank from retaining
water; and, (3) filled with clean sand or other suitable material, the actions
being taken in the order listed. However, if the Department or its designee
approves the use of the retention tank as an integral part of a sanitary sewer
system or stormwater management system, the septic tank need not be abandoned. [Ord. 2022-019]
M A septic tank
serving a Single Family residence may, at the owner’s discretion, be converted
into a cistern pursuant to the procedures set forth in Rule
62-6.011(4), F.A.C. [Ord. 2022-019]
N. It shall be the
duty of the Department to conduct such technical inspections as are reasonable
and necessary to determine compliance with the provisions of this Chapter. [Ord. 2022-019]
A. An OSTDS shall
not be installed, modified, abandoned, or repaired until a valid permit has
been obtained from the Health Department. Permits for system repairs shall be
issued in accordance with Chapter 62-6,
F.A.C. [Ord. 2011-002] [Ord. 2022-019]
B. If the
Department determines that the disposal of certain wastes into the OSTDS may
interfere with the proper functioning of the system, the Department may specify
on the permit those conditions that are appropriate for the proper functioning
of the system. Upon request of the Department, the permit and conditions shall
be recorded in the Public Records of PBC at the permittee’s expense.
C. The OSTDS shall
not be used or covered with earth before it has passed an inspection by the
Health Department and a notice of approval has been issued. Should the
installer or general contractor fail to notify the Health Department prior to
covering the system, the Health Department shall require that the system be
uncovered for inspection. If the system is approved, the Health Department
shall issue a notice of approval to the owner. Any new building or structure
shall not be occupied until final approval has been issued by the Health
Department. [Ord. 2011-002] [Ord.
2011-017]
A. The application
and supporting data required for approval of an OSTDS for a single lot or
parcel of property shall be submitted to the Health Department by the owner or
his authorized representative, or a contractor licensed under F.S.
ch. 489 in accordance with Chapter 62-6,
F.A.C. The completed application form shall be submitted together with the
following: [Ord. 2011-017] [Ord. 2022-019]
1. A Site Plan of the property drawn to scale,
showing the following:
a. Property boundaries with dimensions;
b. Easements;
c. Location of all existing and proposed
buildings;
d. Location of all wells;
e. Location and layout of treatment receptacle
and drainfield;
f. Unobstructed area available for the
installation of the OSTDS;
g. Potable and non-potable water lines;
h. Driveways;
i. Parking areas;
j. Walkways;
k. Swimming pools;
l. Stormwater drainage system;
m. Surface water such as ponds, (existing or
proposed), lakes, streams, ditches, canals, or wet areas;
n. Location and elevation of soil profiles;
o. Benchmark on or adjacent to the property;
p. Location of wells, onsite sewage treatment
and disposal facilities or other pertinent features on adjacent properties if
the features are within 200 feet of the proposed onsite sewage treatment system
or well; and,
q. The Site Plan shall also indicate the
presence of any marsh area, mangroves, cypress, and wetland vegetation on the
property or on adjacent properties.
2. For residences, a floor plan showing the
number of bedrooms and the building area of each dwelling unit.
3. In cases where there is an extreme variation
in the elevation of the lot, a topographical map of the property must be
submitted.
4. At least two soil profiles
delineating the textural classification and Munsell color of the native soil at
the beginning and end of the soil absorption area to a minimum depth of six
feet or refusal in accordance with USDA Soil Classification Methodology.
5. The existing water table elevation and the
estimated wettest season water table elevation.
B. The owner shall
be held responsible for all information supplied to the Department. The
application and supporting data serve as the basis for the issuance of a
construction permit. In the event of a change in any material fact given in the
application which served as a basis for issuing a construction permit, the owner
shall immediately file an amended application detailing such changed
conditions. If the new conditions are in compliance with the standards in this Chapter,
the construction permit shall be amended. If the new conditions are not in
compliance with the standards of this Chapter, the permit shall be revoked.
1. For new
construction and additions, the supporting data must be prepared by an Engineer
and land Surveyor registered in the State of Florida, as specified in Chapter 62-6,
F.A.C. The Site Plan must be prepared by a Professional Engineer or land Surveyor
registered in the State of Florida. The soil classification and system design shall
be performed by a Professional Engineer registered in the State of Florida with
training in soils, person certified under F.S.
§ 381.0101, master septic tank contractor licensed under F.S.
ch. 489, or professional soil scientist certified and registered by the
Florida Association of Environmental Soil Scientists. When fill soils are used,
the Department may require that soils be classified by a certified soils
engineering testing laboratory registered in the State of Florida. [Ord. 2018-019] [Ord. 2022-019]
2. For repairs, an
existing Site Plan can be used. The soils evaluation can be performed by a
septic tank contractor licensed under F.S.
ch. 489 in accordance with Chapter 62-6,
F.A.C. and F.S.
§ 381.0101. [Ord.2018-019] [Ord.
2022-019]
D. If
the application is for a lot that is exempt under Art. 15.A.7.E, of this Chapter,
documentation shall be submitted to substantiate the existence of the lot prior
to January 1, 1972. Documentation shall be: [Ord. 2005-003]
1. A survey, map, plat, or drawing prepared by a
professional land Surveyor licensed in the State of Florida, or
2. A survey, map, plat, or drawing registered
with the Department of Business and Professional Regulation, Division of Land
Sales, or
3. A property tax receipt, or
4. A deed, or
5. An agreement for deed.
A. The application and
supporting data required for approval of the use of OSTDS for a subdivision shall be
submitted to the Department by the owner or his authorized representative. The
supporting data must be prepared by a licensed Surveyor or Engineer, as
appropriate, and shall include: [Ord.
2022-019]
1. A plan of the subdivision clearly drawn to
scale, showing lot and block arrangements, lot dimensions with all lots
numbered, and net area of each lot;
2. A topographical map with contour interval to
indicate surface configurations, including slopes, streams, or watercourses,
bodies of water, low, wet, or marshy land, and lots on which any fill is to be
made;
3. A general site location map for reference
identification of the area;
4. The proposed drainage plans
certified by the preparer as being in compliance with existing district
drainage plans as approved by the local drainage authority, the PBC Engineering
Department, and the South Florida Water Management District (SFWMD), as applicable;
5. SFWMD Staff Report and permit for the
proposed drainage system, if applicable;
6. The natural soil profile delineating soil
classification to a depth of six feet or refusal for a representative number of
test sites for at least ten percent of the number of lots, 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,
USDA, Handbook No. 18 (March 2017), herein incorporated by reference. Where the
replacement of severely limited soil is proposed, soil profiles shall be
performed to a minimum depth of six feet or to the depth of the slightly or
moderately limited soil layer lying below the replaced layer, whichever is
greater; [Ord. 2022-019]
7. Water table elevations as existing and for
the wettest season, based on MSL datum;
8. All dedicated R-O-W or recorded easements
proposed for use in the installation of onsite sewage treatment and disposal or
water system;
9. Proposed sewer utility easements and R-O-W
shall be included on the Subdivision Plan; and,
10. If private wells are to be used, submit
evidence to the Department that the groundwater is of satisfactory quality and
is not threatened by a source of contamination.
In considering
applications for permitting construction of an OSTDS, the Health Department
shall be governed by the following standards: [Ord. 2011-017] [Ord. 2022-019]
A. The lot, unless exempt under
Art. 15.A.7.E, of this Chapter, shall
have a minimum net usable land area of: [Ord. 2005-003] [Ord. 2022-019]
1. One-half acre if the water supply is by means
of a public water system as defined in F.S. § 403.852. [Ord.
2011-017]
[Ord. 2022-019]
2. One acre if the water supply is by means of
an onsite well. [Ord. 2011-017]
B. The drainfield invert shall
be a minimum of 30 inches above the wettest season water table elevation.
C. Systems shall be placed no
closer than the minimum distances required under Chapter 62-6, F.A.C. except for lots addressed
under Art. 15.A.7.F, of this Chapter; [Ord.
2005-003] [Ord. 2022-019]
D. Suitable, unobstructed land
shall be available for the installation and proper functioning of drainfields
as required under Chapter 62-6, F.A.C. [Ord.
2022-019]
E. Parcels
or tracts of land for which documentation has been submitted in accordance with
Art. 15.A.5.D, of this Chapter, to substantiate existence prior to January 1, 1972
shall be exempt from the lot size requirements of Art. 15.A.7.A, of this Chapter,
as long as a Conditional Use has not been granted or a change in zoning has not
been made; provided, however, that neither a zoning change which does not
increase the permitted residential density of units on the parcels or tracts
nor a zoning change initiated by action of PBC shall be deemed to divest the
parcels or tracts of the exemption provided hereby. [Ord. 2005-003]
F. The
following standards shall apply when the soil profile, as required under Art. 15.A.5.A.4, of this Chapter,
shows the presence of hardpan or bedrock or of soils classified as sandy clay
loam, clay loam, silty clay loam, sandy clay, silty clay, clay, and organic
soils. The PBC Soil Survey prepared by the USDA Soil Conservation Service or
other available data may be used by the Health Department to determine the
presence of the above-noted soils. [Ord. 2005-003] [Ord. 2011-017]
1. The OSTDS shall be placed no closer than the
minimum distances indicated for the following:
a. 100 feet from private, Multifamily, and
limited use wells;
b. 200 feet from a non-community well;
c. 500 feet from a community well;
d. 75 feet from a non-potable water well; and,
e. 100 feet from the high-water line of lakes,
streams, canals, or other surface waters of overflow (see Appendix 1 and Appendix 2, Typical Site Plan Sewage
Disposal System).
G. When an automatic dosing
system is required in accordance with Chapter 62-6, F.A.C., two pumps shall be
required for commercial use when the estimated establishment sewage flow
exceeds 500 gallons per day and for Multifamily residential use where three or
more units are proposed. A placard on the dosing pump panel must be provided
indicating the following: [Ord.
2022-019]
1. Name and phone number of person to contact in
case of emergency; and
2. Name and phone number of septic tank company
to call for pumpout in case of overflow.
An OSTDS shall not
be approved:
A. Where
an existing sanitary sewer is available. A municipal or investor-owned sewage
system shall be deemed available for connection if the following conditions
exist:
1. The
system is not under a FDEP moratorium, the sewage system has adequate hydraulic
capacity to accept the quantity of sewage to be generated by the proposed
establishment, and the existing sewer line is within the following distance
from the property:
a. For estimated sewage flows of 600 or fewer
gallons per day, if a sewer line exists in a public easement or R-O-W which
abuts the property or is within 100 feet of the property and if gravity flow
can be maintained from the building drain to the sewer line.
b. For estimated sewage flows greater than 600
gallons per day to 1,200 gallons per day, if a gravity or force main exists in
a public easement or R-O-W which is within 100 feet of the property. [Ord. 2022-019]
c. For estimated sewage flows greater than 1,200
gallons per day to 2,500 gallons per day, if a gravity or force main exists in
a public easement or R-O-W which is within 500 feet of the property. [Ord. 2022-019]
d. For estimated sewage flows greater than 2,500
gallons per day to 10,000 gallons per day, if a gravity or force main exists in
a public easement or R-O-W which is within 1,000 feet of the property. [Ord. 2013-002] [Ord. 2022-019]
B. Where the property is
located in an area that is subject to frequent flooding.
C. For lots in a
subdivision where the approved drainage has not been constructed in accordance
with the requirements of the SFWMD
and/or the PBC Engineering Department.
D. For treatment
and disposal of industrial hazardous or toxic wastes.
Collection, treatment, and disposal of
septage shall be in accordance with Chapter 62-6, F.A.C. No person(s) or corporation shall engage in
the business of servicing septic tanks, grease traps, portable toilets, or
other treatment receptacles without first obtaining an annual license from the
Department. The issuance of the license would be based upon compliance with the
provisions of Chapter 62-6, F.A.C. [Ord.
2022-019]
A. It is prohibited for any
person to construct, keep, use, or maintain a privy from which human waste is
deposited on the surface of the ground or over waters of the State of Florida.
B. No person shall
manufacture, sell, or install an OSTDS unless in compliance with the
requirements of this Chapter.
C. It is prohibited to drain
sewage wastes or septic tank effluent into cesspools or drywells as means of
disposal.
D. Organic chemical solvents
shall not be advertised, sold, or used in PBC for the purpose of degreasing or
declogging onsite sewage disposal systems.
Chapter 62-6, F.A.C. as may be amended from time to time and all
amendments hereto, is hereby incorporated by reference including, but not
limited to, application and permitting procedures, systems design and
construction standards, system sizing, system setback requirements, septage
disposal, system maintenance, and Fee Schedule unless higher in Sec. 11-24 of the PBC Code. In the event of a conflict between the
provision of Chapter 62-6, F.A.C. and this Chapter, the more restrictive
provision shall apply. [Ord. 2022-019]
The EAB was established by the ECB on May 26, 1987,
to hear appeals from certain requirements, interpretations, or determinations
of this Chapter made by the Department or the ECO. Its membership
is described in Art. 2.G, Decision Making Bodies.
A. Persons aggrieved by a
requirement, interpretation, or determination of this Chapter made by the
Department or the ECO may appeal to the EAB by filing a written notice of
appeal, with the ECO within 30 days from the determination to be appealed. However,
no appeal shall be filed which requests relief from the construction standards
required under Chapter 62-6, F.A.C. The notice shall be
accompanied by a certified check or money order, made payable to the Department
to defray the cost of processing and administering the appeal. The fee for
filing the appeal shall be in accordance with Sec. 11-24 of the PBC Code. [Ord. 2013-002] [Ord. 2022-019]
B. Each notice of appeal shall
state the factual basis for the appeal and the relief requested. There shall be
attached to each notice supportive materials and documents, including the
information listed in Appendix 3, ECR I –
Information Required for an Appeal for an Individual Lot, or Appendix 4, ECR II –
Information Required for an Appeal for a Subdivision, if applicable to the
appeal. The EAB may require such additional information, as it deems necessary.
A separate notice of appeal must be filed for each site or system considered
for an appeal. Required supporting documentation for the appeal must be filed
with the Department or Environmental Control Office with the notice of appeal.
The burden of presenting supportive facts in the notice of appeal shall be the
responsibility of the Person filing the appeal. The Person filing the appeal
shall have the burden of proving that he/she is entitled to relief. The
Department shall defend all appeals before the EAB. [Ord. 2005-003]
C. The Person filing the appeal
shall also submit to the ECO a list of the names and addresses of every Property
Owner who may be affected by the granting of the appeal in the following cases:
1. The proposed OSTDS fails to meet the minimum
distance required between the system and a well, as provided by this Chapter; or
2. The proposed OSTDS is within five feet of a
neighboring lot; or
3. The proposed OSTDS is within 50 feet of a
water body on a neighboring lot.
D. A hearing on the appeal
shall be set within 60 days of receipt of the notice of appeal by the ECO. This
provision does not mean that the Applicant is entitled to a hearing on the
first available agenda following receipt of the notice of appeal.
E. Formal rules of evidence
shall not apply, but fundamental due process shall be observed and shall govern
the proceedings. All testimony shall be under oath. Irrelevant, immaterial, or
unduly repetitious evidence shall be excluded; but all other evidence of a type
commonly relied upon by reasonably prudent Persons shall be admissible, whether
or not such evidence would be admissible in the trial courts of the State of
Florida. Hearsay evidence may be used for the purpose of supplementing or
explaining other evidence, but it shall not be sufficient in itself to support
a finding unless it would be admissible over objection in civil actions.
F. The parties shall have the
following rights: to be represented by counsel; to call and examine witnesses;
to introduce exhibits; to cross-examine witnesses on any relevant matter, even
though the matter was not covered in direct examination; and to rebut evidence.
G. The EAB shall hear and
consider all facts material to the appeal and shall issue findings of fact
based upon the greater weight of the evidence and shall issue an order
affording the proper relief consistent with the powers granted herein. The
findings and order shall be by motion approved by a majority of those members
present and voting.
H. In order to grant an appeal
authorizing an OSTDS on a single lot, the EAB must find that:
1. Because of special factors, which may include
economic factors, the Applicant is unable to comply with this Chapter; and
2. The OSTDS complies with current construction
standards; and
3. The granting of the appeal is the minimum
alternative that will make possible the reasonable use of the land, structure,
or building; and
4. The granting of the appeal is consistent with
the general intent, purpose, and requirements of PBC laws and Ordinances; and
5. The grant of the appeal will not be injurious
to the area involved or to the public health and general welfare.
I. In order to grant an appeal
authorizing OSTDS in subdivisions containing lots smaller than those required
under this Chapter, the EAB must additionally find: [Ord. 2022-019]
1. That for a proposed subdivision
to be served by individual private wells, each lot has at least one-half acre,
with a minimum dimension of 100 feet and that said subdivision contains no more
than 50 lots; or that for the proposed subdivision to be served by a public
water system, each lot has at least one-third acre with a minimum dimension of
75 feet and that said subdivision contains no more than 100 lots; and
2. That satisfactory groundwater can be obtained
if an individual private well is to be used; and
3. That all distance and setbacks, soil
conditions, water table elevations, and other related requirements of this Chapter
and Chapter 62-6, F.A.C., are met; and [Ord. 2022-019]
4. That the proposed subdivision does not
represent sequential development of contiguous subdivisions, the purpose of
which is to avoid the requirements of Art. 15.A.13.I.1;
and
5. That a municipal, County, or investor-owned
public sewage system is not available contiguous to the proposed subdivision or
within one-half mile thereof with public R-O-W accessibility; and
6. That the proposed plat contains
notification that the lots must be connected to a municipal, County, or
investor-owned water supply and/or sewage system within 90 days from the date
such system becomes available; and
7. That the proposed density of the subdivision
is consistent with the density recommended in the Land Use Plan of PBC or in the Land Use Plan of the appropriate
municipality; and
8. That the developer has made every reasonable
effort to obtain public water and sewer; and
9. That dry water and/or sewer lines are to be
installed by the developer and that the developer will establish an escrow
account to pay for the cost of connection when water and/or sewer becomes
available, or that the installation of the same is not feasible from a
technical or economic standpoint; and
10. That on site, water and/or sewage treatment
facilities are not feasible from a technical or economic standpoint; and
11. That the proposed development will consist of
no more than one Single Family residence per lot; and
12. That land uses surrounding and adjacent to the
proposed subdivision and soil qualities of the area do not indicate that the
area’s health is endangered by an inordinate proliferation of septic tanks.
J. Provided that the factual
findings specified in Art. 15.A.13.H and Art. 15.A.13.I, above, are made, the EAB
may reverse, modify, or affirm, wholly or partly, the requirement,
interpretation, or determination made by the Department or the ECO. In granting
an appeal, the EAB may prescribe appropriate conditions and safeguards
consistent with this Chapter. Violation of such
conditions and safeguards, when made a part of the terms under which the appeal
is granted, shall be deemed a violation of this Chapter.
The EAB may also prescribe a reasonable time within which the action for which
the appeal is granted shall be started or completed or both. Any decision of
the EAB shall be in the form of written order.
K. If there is a change in
facts or circumstances supporting a request for relief after an order granting
relief has been issued, then the Applicant shall notify the Department. The Department
may request the EAB to revoke or amend the order.
L. Except where the relief
granted is to exempt an Applicant from the requirement to connect to a sanitary
sewer under Art. 15.A.8.A, any relief granted shall
automatically terminate upon the availability of sewer service to the lot or
parcel. Unless otherwise provided in an order issued pursuant to Art. 15.A.13.J, relief granted under this Chapter shall automatically lapse
if action for which the appeal was granted has not been initiated within 24
months from the date of granting such appeal by the EAB or, if judicial
proceedings to review the EAB’s decision shall be instituted, from the date of
entry of the Final Order in such proceedings, including all appeals. [Ord. 2013-002]
M. The decision of the EAB
shall be final administrative action. Any party or interested Person may appeal
a decision of the EAB to the Circuit Court of PBC. Such appeal shall be filed
within 30 days of the execution of the EAB’s order.
It is unlawful for any
person to violate any provision of this Chapter or any duly constituted order of the ECHB enforcing this Chapter. Such violations shall be punished
according to the provisions of Chapter 77-616, Special Acts, Laws of
Florida, as amended from
time to time and PBC
Environmental Control Ordinance No. 94-26, 32 as amended.
It shall be the duty of
the Health Director to conduct such inspections as are reasonable and necessary
to determine compliance with the provisions of this Chapter.
Any Person aggrieved by an action or decision of the EAB may seek
judicial review in the Circuit Court for PBC by filing a Petition for Writ of Certiorari pursuant to the Florida Rules of Appellate Procedure.
This Chapter shall apply to all the incorporated and
unincorporated areas of PBC.
This Chapter shall be designated as “PBC Environmental Control Rule II – Drinking Water
Supply Systems.” [Ord. 2022-019]
The provisions of this Chapter prescribe the minimum standards for the
design, construction, installation, and operation of all water supply systems
from which water is used for human consumption, culinary, sanitary, domestic,
or other purposes.
See Art. 1.H, Definitions and Acronyms.
A. A single water supply system
shall be constructed for any new structure, lot, or facility containing more
than one building with common access parking.
B. All fees charged for the
administration of this Chapter
shall be in accordance with the Fee Schedule pursuant to Ordinance No. 97-58
and the amendments thereto. Also refer to Sec. 11-24 of the PBC Environmental
Regulation and Control Code.
C. All buildings
used or intended for human occupancy, employment, or service to the public
shall be provided with piped water under pressure from a water system which
complies with the provisions of this Chapter. Bottled water shall not be
considered an acceptable substitute for such a water system.
D. Request for Department
approval on zoning, Site Plan, and subdivision matters for Building Permits
shall be reviewed in light of this Chapter.
E. This Chapter applies to both new and
existing water systems unless the Section states otherwise.
The ultimate concern of a public drinking
water program is the quality of piped water for human consumption when the
water reaches the consumers. The following rules establish the maximum
contaminant levels for the water within public water systems. Public water
systems shall not exceed the maximum contaminant levels established.
These standards are as
specified in Chapter 62-550, F.A.C. and Chapter 64E-8, F.A.C. as applicable.
The maximum contaminant
levels for secondary inorganic contaminants are applicable to community water
systems only and are as specified in Chapter 62-550, F.A.C.
A. Monitoring
requirements for the supplier of water shall be per Chapter
62-550, F.A.C. for community, non-transient non-community, and transient
non-community public water supply systems and per Chapter
64E-8, F.A.C. for limited use water systems. [Ord. 2005-003]
B. Community and
non-transient non-community water systems shall monitor for the following from
each raw water source or well semi-annually: [Ord. 2005-003]
1. Calcium, Ca
2. Chloride, Cl−
3. Color
4. Iron, Fe
5. Nitrate, NO−3
6. pH (Field)
7. Total dissolved
solids
8. Conductivity
9. Total hardness,
as CaCO3
The supplier of
water of any community, non-transient non-community, or transient non-community
water supply system shall comply with the reporting requirements as specified
in Chapter 62-550, F.A.C. The supplier of water of any limited use
water supply system shall comply with the reporting requirements as specified
in Chapter 64E-8, F.A.C. [Ord. 2005-003]
A. The supplier of water of any
community, non-community, non-transient, or transient non-community water
system shall comply with the notification requirements as defined in Chapter 62-560, F.A.C. [Ord. 2011-002]
B. If a limited use water
system fails to comply with an applicable maximum contaminant level or fails to
comply with an applicable testing procedure, established in Art. 15.B.6, Reporting
Requirements, the
supplier of water shall give notice of such failure to the persons served by
the system by fixed signs located at all potable water outlets or connections.
C. In case of breaks in water
mains or transmission lines, a drop in water pressure at the point of entry or
anywhere in the distribution system below 20 psi, abnormal taste or odor, any
interruption of water service to users, or any circumstances which could affect
the quality of the drinking water, it shall be the duty of the water supplier
to notify the Health Department within one hour of the occurrence. Notification
shall include the following information: [Ord. 2011-002]
1. Description of the problem;
2. Area affected;
3. Number of connections or users affected;
4. Estimated duration of problem;
5. Method of notification to users; and,
6. Such information shall also be provided in
writing on the monthly operation report.
D. If any of the
conditions listed in Art.
15.B.7.C, above, should occur, the water supplier is required to obtain two
consecutive days of satisfactory bacteriological sample results from the affected
area. If it is determined that notification of the necessity to boil water is
required, then notification shall be given immediately to the users either by
written notice (e.g., door hangers; flyers; locally posted signs), a reverse
911 calling system through the media of newspaper, radio, or television, or a
combination of these methods as needed to properly contact the service
population. The Department of Health’s “Guidelines for the Issuance of
Precautionary Boil Water Notices” as adopted in Chapter
62-550, F.A.C. shall be used to determine if and when a boil water
notification is necessary and how to issue/rescind said boil water
notification. If issued, the notice to boil water shall remain in effect until
at least one day of satisfactory bacteriological sample results have been
obtained from the affected area, and after consultation and approval of the
Health Department. If only one day of precautionary boil water is utilized,
then sufficient evidence must be provided to the Health Department to confirm
that no contamination has occurred, e.g. extensive bacteriological test data,
system pressure data, detailed explanation of repair process to confirm lack of
potential for contamination, etc. If unsatisfactory bacteriological levels are
detected following the one day initial sampling, or if the system cannot
adequately justify to the Health Department that no contamination has occurred,
then the water system shall provide a minimum of two consecutive days of
satisfactory sample results prior to rescinding the boil notice. Samples shall
be taken 24 hours apart. The Health Department shall notify the water supplier
when a system-wide boil water notice may be rescinded. [Ord. 2005-003] [Ord.
2011-002]
E. Where public
fire protection is provided by the mains affected by the interruption, the
utility water supplier shall notify the Fire Marshall or the appropriate Fire
Department official that an interruption has occurred or will occur.
Approval for
construction, extension, expansion, or use of any community, non-transient
non-community, transient non-community, and limited use water supply system
shall be based on the criteria below, in addition to the design criteria
specified in Chapter 62-532, F.A.C., Chapter 62-555, F.A.C., Chapter 64E-8, F.A.C., and the standards considered as modern
engineering practices. Criteria in the references listed below are incorporated
into this Code. If any differences in design criteria exist, the more stringent
standard shall be used. [Ord. 2011-002]
1. Lead pipes, solder, and flux are prohibited
for use in the installation or repair of any drinking water system. This does
not apply to leaded joints necessary for the repair of cast iron pipes. Solders
and fluxes must contain not more than one-fifth percent lead and fittings not
more than eight percent lead.
2. A minimum of two drinking water supply wells
and pumps shall be provided for each community water system that will serve 350
or more persons or 150 or more service connections upon completion of
construction. [Ord. 2005-003]
3. All water wells shall be constructed by a
water well contractor licensed by the SFWMD in accordance with Chapter 62-531, F.A.C., as applicable.
4. All water wells shall be constructed in
accordance with Chapter 40E-3, F.A.C., Chapter 62-532, F.A.C., Chapter 62-555, F.A.C., and Chapter 64E-8, F.A.C., as applicable.
5. For private and Multifamily water wells and
irrigation wells the casing shall be surrounded at grade level by a two-inch-thick
concrete pad extending at least six inches in all directions and the upper
terminus of the well casing shall project at least 12 inches above finished
grade. [Ord. 2005-003]
6. Whenever the pump is not set at the vertical
casing, the line between the vertical casing and pump shall be considered an
extension of the casing and protected from sanitary hazards in a similar manner
as the casing.
7. For community, non-community, and
non-transient non-community water systems having OSTDS wells shall be located
as specified in Chapter 62-555, F.A.C.
8. Limited use wells shall be
placed a minimum distance of 100 feet from any OSTDS.
9. Private and Multifamily water
wells shall be placed a minimum distance of 75 feet from any OSTDS or brine
disposal area.
a. 75 feet from any OSTDS or brine disposal
area. [Ord. 2005-003]
b. 50 feet from any non-potable water well,
pond, canal, or other body of water. [Ord. 2005-003]
10. Community, non-community, non-transient
non-community, and limited use water wells shall be located a minimum distance
of:
a. 100 feet from other pollution sources,
including but not limited to drainage wells, gasoline or other petroleum
product underground storage tanks, or water softener brine disposal areas
except as otherwise provided in Art. 14.B, Wellfield Protection.
b. 100 feet from any non-potable water well,
pond, canal, or other body of water unless justified in accordance with Chapter 62-555, F.A.C., but not less than 50 feet.
c. 25 feet from poisoned soils, including but
not limited to building foundations.
d. 500 feet from any sanitary landfill or
recognized hazardous or toxic waste site.
11. Distances
shown in Art.
15.B.8.A.8, Art. 15.B.8.A.9,
and Art.
15.B.8.A.10 above may be increased if required under Art. 15.A, PBC Environmental Control Rule I
– Onsite Sewage Programs.
12. Any waste collection or
transmission line within the defined locations defined in Art. 14.B, Wellfield Protection shall be constructed in
accordance with current American Water Works Association, water main standards,
including the passing of the appropriate pressure and leakage tests.
13. Within
30 days after the completion of the construction or repair of any drinking
water well, the water well contractor shall submit a report to the Department
on the approved forms in accordance with the instructions provided thereon.
14. Water supply system wells shall
be enclosed within protective fencing when access is open to the general
public.
15. The cone of influence of a new
well or wells serving a community water supply system shall comply with the
requirements of Art. 14.B, Wellfield Protection.
16. All wells for which use has been
permanently discontinued shall be plugged by filling them from the bottom to
the top with neat cement grout, concrete, or other method approved by the
Department.
17. All existing community systems serving 350 or
more persons and all newly proposed community systems shall be equipped with a
source of auxiliary power to allow operation of the raw water supply, water
treatment units, and pumping capacity. In addition, such systems shall be
provided with automatic start-up devices except where elevated storage or 24-hour
per day, seven-day per week operation is provided. Such emergency power shall
be of a sufficient capacity to operate the water supply facility at average
daily design capacity. A minimum fuel supply for 14 days of continuous
operation for each item of auxiliary power shall be maintained at the Water or
Wastewater Treatment Plant or under the control of the utility and reserved for
the Water or Wastewater Treatment Plant. Any fuel pumps required to transfer
the fuel to the auxiliary power units shall be equipped with their own
auxiliary power or manual pumping system. [Ord. 2005-003] [Ord. 2017-008]
18. All
community, non-transient non-community, and transient non-community limited use
systems where applicable, shall maintain a minimum reserve supply of chlorine
for emergency conditions. Such reserve shall be figured for 14 days’
consumption for systems using gas chlorine and seven days’ consumption for
systems using hypochlorite solution. The consumption shall be based, as a
minimum on 50 percent of design capacity. [Ord.
2011-002]
a. All public water systems shall
be designed to maintain a minimum continuous and effective free chlorine
residual within the acceptable range of 4.0 milligrams per liter maximum and
0.2 milligrams per liter minimum or equivalent disinfection if other than free
chlorine is used as the disinfection measure throughout the system. When
utilizing chlorine in combination with ammonia, a minimum combined residual of
0.6 milligrams per liter shall be maintained. [Ord. 2005-003]
b. Limited Use Water Systems
The Department shall require disinfection if bacteria is
discovered in any sample of water and it is determined that there is an
existing or potential health threat.
c. A minimum of two chlorination facilities at
the Water or Wastewater Treatment Plant shall be provided for each community
water system. Each chlorinator shall be of adequate capacity to supply the
total demand of the raw water at the rated capacity of the Water or Wastewater
Treatment Plant. Where more than two chlorinators are available, adequate
capacity to supply the total chlorine demand of the raw water shall be provided
with the largest unit out of service. Disinfection other than chlorination will
be considered on an individual basis by the Department. [Ord. 2017-008]
d. Booster chlorination
facilities shall be provided in the distribution systems of community water
systems as necessary to maintain the disinfection requirements of Art. 15.B.8.A.19.a,
above, to consecutive systems. [Ord.
2011-002]
e. Consecutive systems shall be
responsible for maintaining the disinfectant residual requirements of Art. 15.B.8.A.19.a,
above, within the consecutive system.
The approved design capacity shall be adequate to provide for
the maximum day demand plus fire flow requirements and maintain the water
quality standards specified in this Chapter.
a. The sizing of
the distribution lines shall be adequate to provide the maximum day demand plus
fire flow without the development of distribution pressures lower than 20
pounds per square inch (20 psi). The minimum required fire flow shall be
established by the fire department having jurisdiction. [Ord. 2006-004]
b. Except for repair or
replacement of existing lines, the size of new piping for any community system
shall be no less than six-inch diameter unless a departure in sizing is
justified by hydraulic analysis or historic analysis and future water use for
the area and is approved by Department based on such circumstances.
c. In metered distribution systems,
the supplier of water shall be responsible for operation maintenance and repair
of new water lines up to and including the water meter.
d. Any new development or construction
connecting to an off-site water main shall provide an extension of that water
main along the public R-O-W or utility easements abutting the property.
e. Dead-end lines shall be
minimized by the looping of all mains where possible. Where dead-end lines
occur, they shall be provided with flush hydrants, fire hydrants, or blowoffs for
flushing purposes.
f. When the distribution demand,
as determined in Art. 15.B.8.A.21.a,
above, reaches 80 percent of approved design capacity, the supplier of water
shall initiate the procedures for Water or Wastewater Treatment Plant
expansion. In the event expansion procedures are not initiated, the system
shall be considered inadequate for additional distribution expansion, and
approval for additional distribution expansion shall not be granted unless
otherwise justified by an engineering report covering the circumstances and
approved by the Department. [Ord.
2017-008]
g. When the distribution demand,
as determined in Art. 15.B.8.A.21.a,
above, reaches 90 percent of the approved design capacity, the supplier of
water shall have the Water or Wastewater Treatment plant expansion under
construction. In the event construction is not underway, the system shall be
considered inadequate for additional distribution expansion, and approval for
additional distribution expansion shall not be granted unless otherwise
justified by an engineering report covering the circumstances and approved by
the Department. [Ord. 2017-008]
All
existing buildings served by non-transient non-community, transient
non-community, and limited use water systems or new limited use and new private
water systems shall connect to an approved community water system where such a
system has an available water main within 100 feet in a public R-O-W or
easement abutting the property on which the building(s) are located. Connection
to an approved community water system shall be completed within six months of
being notified by the Health Department. Connection to an approved community
water system shall not be required: [Ord.
2011-002] [Ord. 2022-019]
A. If connection
requires an extension of the main; or
B. If the main is
located across four or more lanes of paved roadway; or
C. If the utility
is unable to provide water.
The following buildings, establishments, or
facilities connected to a drinking water supply shall install and maintain
backflow prevention devices complying with current American Water Works
Association standards: nursing homes, hospitals, mortuaries, funeral parlors,
restaurants, sewage treatment plants, sewage lift stations, public swimming
pools, and buildings using corrosive, toxic, infectious, radioactive, or other
substances which would be a health threat if they entered a drinking water
supply.
The Department shall review and approve or deny any
construction or use of any water supply system or facility based on the
criteria specified in this Chapter. Prior to submission to the
Department, plans involving distribution mains shall be reviewed by the Fire
Marshall or by the appropriate Fire Department official.
1. No person shall install, extend, or alter any
water supply system or facility including any well, plant, tank, pump station,
distribution system, fire line, or other pipe or structures without first
obtaining a construction permit or written approval from the Department. [Ord.
2005-003]
2. Where required, Applicants shall provide
evidence of their ability to secure a Consumptive Use Permit from the SFWMD; in
addition evidence of proper zoning is required prior to Department approval.
3. The Applicant shall provide the necessary
information and design specifications requested and required by the Department
to conduct an adequate review of any proposed activity or construction in
addition to that information provided on the FDEP or Department application
forms. The plans, applications, and specifications for community,
non-community, or non-transient non-community water wells and water systems except
limited use, private, and non-potable water wells shall be prepared by a Professional
Engineer, licensed in the State of Florida.
4. Any submittal for community water systems,
for which the supplier of water is not the Applicant but will require
ownership, operation, or maintenance by the supplier of water, shall require
the acceptance stamp of the supplier of water on the plans.
5. A construction permit shall be required for
all extensions, relocations, or replacements of distribution lines exceeding
100 feet in length at any single location, service connections exceeding 100
feet in length with two-inch or larger pipe serving commercial or institutional
establishments, and where privately-owned or maintained fire hydrants are
proposed. [Ord. 2005-003]
6. Distribution lines and service connections
permitted by the Department shall be reviewed to determine that the proposed
construction complies with applicable design and construction standards of Chapter 62-550, F.A.C. and Chapter 62-555, F.A.C. and this Chapter. [Ord. 2005-003]
7. Any extension of a distribution system within
PBC for which the water supply facility is not located within PBC, or
distribution extension outside PBC when the water supply facility is located
within PBC, shall require a permit from the Department and written acceptance
of the project from the responsible agency outside PBC. [Ord. 2005-003]
1. No person shall put into service or use any
drinking water system or facility, including any well, plant, tank, pump
station, distribution system, fire line, or other pipes or structure without
first having received written approval from the Department.
2. Upon completion of construction of the water
well or water system, the following information shall be submitted to the
Department in order to obtain an approval for use:
a. For water wells, a well completion report prepared
by a licensed water well contractor.
b. For water systems, a Certification of
Completion and record drawings (sampling points shall be highlighted) prepared
by the Engineer of Record.
c. Chemical and bacteriological sample results
as required by this Chapter.
3. The Certification of
Completion for the water system or facility shall include certification of any
accompanying sewage system and evidence of the acceptance of the system or
facility by the supplier of water.
4. Uses of construction meters for
construction water may be approved by the Department in cases when accompanying
sewer has not been certified if the Department determines the water system or
facility has been satisfactorily tested and certified by the Engineer of
Record.
5. The Water Well Completion
Report shall be submitted to the Department within 30 days of the completion of
construction or repair of the water well.
6. The connection of new water
mains to existing mains shall not be completed until after the new mains have
passed their pressure and leakage tests and completed the disinfection and
bacteriological clearance procedures. During construction partial releases may
be given by the Department. However, the pressure and leakage tests and the
disinfection and bacteriological procedures shall be followed in all cases. No
water supply system or facility, including any well, plant, tank, pump station,
distribution system, or other pipes, equipment, or structure through which
water is delivered to the consumer for drinking or household purposes, except
certain community water supply service connections not requiring a permit,
shall be put into service or used until such facility has been effectively
disinfected and bacteriologically cleared. Sample results shall be submitted to
the Health Department as follows: [Ord.
2011-002]
a. For all water systems, except wells, two
acceptable consecutive daily samples shall be required.
b. For a community, non-transient non-community,
or transient non-community well clearance, a minimum of 20 consecutive workday-acceptable
samples are required with no more than two samples taken daily. Samples shall
be taken at least six hours apart. [Ord.
2011-002]
c. For a limited use water well clearance, a
minimum of five acceptable samples are required. The collection and analysis of
two samples per day is permitted if the samples are taken a minimum of six
hours apart and the well is purged for 15 minutes before each sample is taken. [Ord.
2005-003]
d. For a private water well clearance, one
acceptable sample shall be taken.
e. Any sample analysis with confluent growth
and/or TNTC non-coliform counts shall not be accepted.
f. Sample results from any water supply
facility or well shall not be accepted if more than 60 days has elapsed since
the taking of the last sample. [Ord. 2005-003]
A. All water samples required
under this Chapter
for community, non-transient non-community, and transient non-community, water
systems, including community water well and water main clearance shall be taken
by an employee of a laboratory certified to perform drinking water analysis by
the Health Department in accordance with F.S. § 403.863 and Chapter 64E-1, F.A.C., or an operator certified
under Chapter 62-602, F.A.C., or an employee of the
Health Department. Water samples for other public and private water well
clearance shall be taken by the licensed well contractor that installed the
well. [Ord. 2011-002]
B. All water samples shall be
analyzed by a laboratory certified to perform drinking water analyses by the
Department in accordance with F. S. § 403.863 and Chapter 64E-1, F.A.C.
C. Analyses
conducted to determine compliance with this Chapter shall be made in accordance
first with the methods specified in Chapter
62-550, F.A.C., and if not specified then in accordance with “Standard
Methods of Examination of Water and Wastewater,” latest edition, or methods
approved by the EPA.
The following
operation and maintenance requirements shall apply to community, transient
non-community, non-transient non-community, and consecutive water systems,
except Art. 15.B.13.A, Art. 15.B.13.D, Art. 15.B.13.E, Art. 15.B.13.F, Art. 15.B.13.G, and Art. 15.B.13.I shall
also apply when applicable to limited use water systems: [Ord. 2006-004]
A. The supplier of water shall
maintain all items of the water supply facility in the approved operational
condition.
B. The supplier of
water shall provide a certified operator as specified in Chapter
62-699, F.A.C. as it may be amended or transferred. [Ord. 2005-003]
C. The certified operator
servicing water systems shall maintain an on-site log of maintenance performed,
date performed, and problems encountered with the system.
D. The
supplier of water shall operate the water supply facility to maintain
continuously the free available chlorine residual or equivalent disinfection
between 4.0 milligrams per liter and 0.2 milligrams per liter throughout the
distribution system, and the total chlorine residual no greater than 5.0 milligrams
per liter. When utilizing chlorine in combination with ammonia, a minimum
combined residual of 0.6 milligrams per liter shall be maintained. [Ord.
2005-003]
E. The
supplier of water shall operate the water supply facility to produce
continuously water meeting the pressure quality requirements of this Chapter.
F. The supplier of water shall
not make any change in treatment or alter, discontinue, or by pass a
purification process or protective provisions without securing prior approval
from the Department.
G. Cross-connection to any
water supply system is prohibited. Upon detection of a cross-connection, the
supplier of water shall either eliminate the cross-connection by installation
of an approved backflow prevention device or discontinue service by providing a
physical separation.
H. The supplier of water shall
establish a routine cross-connection control program and keep a maintenance log
on each backflow prevention device connected to its system. Inspection, testing,
and maintenance on each backflow prevention device shall be performed by a
certified backflow prevention device tester, certified under a State of Florida-approved
program. The frequency of testing shall be minimum of once per year or other
schedule recommended by the manufacturer and approved by the Department.
I. Fire hydrant maintenance and
fire flow testing shall be the responsibility of the owner of the fire hydrant.
Maintenance and fire flow testing shall be performed in accordance with the standards
of the “American Water Works Association Manual M17” and as indicated below: [Ord. 2006-004]
1. A routine maintenance program shall be
established for each fire hydrant. [Ord. 2006-004]
2. Fire flow testing of hydrants shall be
performed on a three-year cycle, such that all hydrants in a system are fire
flow tested at least once every three years unless recommended by the
manufacturer or the Department to be more frequent. Owners of fire hydrants
which do not utilize local fire departments or water utility departments to
perform or oversee the fire flow testing shall have completed all testing and
submitted a letter of completion to the local fire authority by January 1st of
each year with all hydrants accounted for within the required cycle. These
records shall be maintained on site for review by the applicable fire
authority. [Ord. 2006-004] [Ord. 2013-002] [Ord. 2014-026]
3. The minimum required fire flow from fire
hydrants shall be determined as per Art. 15.B.8.A.21.a. [Ord.
2006-004]
J. Any planned
water outages shall be scheduled by the water supplier during periods of low
water usage.
K. The supplier of water shall
operate all emergency power units for at least 15 minutes at least once per
week to ensure starting capabilities and continuously for four hours under load
once each calendar quarter to ensure dependability.
L. The supplier of water shall
conduct the necessary flushing program to remove lime, sand, or other
objectionable sediments, matter, or material from its water system.
M. Each community
and non-transient community water system shall maintain a distribution map showing
the general locations of the water lines and sizes, valves, fire hydrants,
flush hydrants, and any interconnections. The scale of the distribution map
shall be between 200 and 1,000 feet per inch or other scale acceptable to the
Department. A microfilm-quality copy of the current edition of this map shall
be submitted to the Department by February 28, of each even-numbered year. The
Department may waive the submittal requirements for any water supply in which
no significant change has taken place within the distribution system.
A. Where two community water
supply systems have distribution or transmission lines within 1,000 feet of
each other, they shall provide an emergency interconnection between the two systems
when the Department determines that such a connection would be of benefit to
the citizens of PBC. Such determination shall be based on the possibility of
destruction of the water source or treatment system in the event of a disaster
and the possible benefits in moving water between the systems. Such
interconnecting lines shall be no smaller than the smallest of the two lines
being interconnected and shall be provided with at least one valve and any
necessary flush points. If the two water suppliers are unable to reach an
agreement on the payment for installation of such an interconnection, each
supplier shall pay the cost of construction from the supplier's line to the
point of connection and shall pay 50 percent of the cost of a meter and meter
box if either party desires a meter and meter box. The point of connection
shall be at the following:
1. Municipal limits or franchise boundaries if
the supplier's limits or boundaries are adjacent and contiguous.
2. The midpoint of the municipal limits or franchise
boundaries if the limits or boundaries are not adjacent and contiguous. The
interconnection shall be completed within one year after the Department
notifies the systems involved.
B. Any consecutive
or community water system may be required to provide a flush or fire hydrant,
water tap, or other provision for securing an emergency water service from an
existing main at a location that the Department determines would be of benefit
to the citizens of the area. Such determination shall be based in part on the
possibility of a prolonged power outage or other disaster which would render
individual wells in the area unusable. Other considerations will include the
density of individual wells in the area and the distance of the nearest
possible potable water supply during an emergency. Such water taps shall be
constructed within 120 days of notification by the Department. It shall be the
responsibility of PBC
to secure an agreement with the community water system for use of that
emergency water service.
Chapter 62-6, F.A.C., Chapter 62-532, F.A.C., Chapter 62-550, F.A.C., Chapter 62-555, F.A.C., Chapter 62-560, F.A.C., Chapter 62-602, F.A.C., Chapter 62-699, F.A.C., Chapter 64E-8, F.A.C., and all amendments thereto, are hereby
incorporated into this Chapter. In the event of a conflict between the
provisions of the F.A.C. and this Chapter, the more restrictive provision shall
apply. [Ord. 2022-019]
The EAB was established by the ECB on May 26, 1987,
to hear appeals from certain requirements, interpretations, or determinations
of this Chapter made by the Department or the ECO. Its membership
is described in Art. 2.G, Decision Making Bodies.
A. Persons
aggrieved by a requirement, interpretation, or determination of Art. 15.B.8,
Construction and Design Requirements, and Art. 15.B.9, Connection
Required, made by the Department or the ECO may appeal to the EAB by filing
a written notice of appeal, with the ECO within 30 days from the determination
to be appealed. The notice shall be accompanied by a certified check or money
order, in the amount of 100 dollars made payable to the Department which shall
be non-refundable, to defray the cost of processing and administering the
appeal. Only those appeals requesting relief from setbacks under Art. 15.B.8,
Construction and Design Requirements, or requesting an exception from
connection to a public or investor-owned community water supply under Art. 15.B.9, Connection
Required, shall be filed. [Ord. 2005-003]
B. Each notice of
appeal shall state the factual basis for the appeal and the relief requested.
There shall be attached to each notice supportive materials and documents,
including a Site Plan indicating proposed and existing individual sewage
disposal systems and water wells on the property that is the subject of the
appeal and all other systems and conditions on neighboring properties which
could affect the requirements of Art. 15.B.8,
Construction and Design Requirements, or Art. 15.B.9, Connection
Required, if the appeals were granted. The EAB may require such additional
information as it deems necessary. A separate notice of appeal must be filed
for each site or system considered for an appeal. Required supporting
documentation for the appeal must be filed with the Department or ECO with the
notice of appeal. The burden of presenting supporting facts in the notice of
appeal shall be the responsibility of the Person filing the appeal. The Person
filing the appeal shall have the burden of proving that he/she is entitled to
relief. The Department and/or ECO shall defend all appeals before the EAB. [Ord.
2005-003]
C. The Person filing the appeal
shall also submit to the ECO a list of the names and addresses of every Property
Owner who may be affected by the granting of the appeal.
D. A hearing on the appeal
shall be set within 60 days of receipt of the notice of appeal by the ECO. This
provision does not mean that the Applicant is entitled to a hearing on the
first available agenda following receipt of the notice of appeal.
E. Formal rules of evidence
shall not apply to the hearing but fundamental due process shall be observed
and shall govern the proceedings. All testimony shall be under oath.
Irrelevant, immaterial, or unduly repetitious evidence shall be excluded; but
all other evidence of a type commonly relied upon by reasonably prudent Persons
shall be admissible, whether or not such evidence would be admissible in the
trial courts of the State of Florida. Hearsay evidence may be used for the
purpose of supplementing or explaining other evidence, but it shall not be
sufficient in itself to support a finding unless it would be admissible over
objection in civil actions.
F. The parties
shall have the following rights: to be represented by counsel; to call and
examine witnesses; to introduce exhibits; to cross-examine witnesses on any
relevant matter, even though the matter was not covered in direct examination;
and, to rebut evidence.
G. The EAB shall hear and
consider all facts material to the appeal and shall issue findings of fact based
upon the greater weight of the evidence and shall issue an order affording the
proper relief consistent with the powers granted herein. The findings and order
shall be by motion approved by a majority of those members present and voting.
H. In
order to grant an appeal authorizing a new or existing well for use in lieu of
connecting to a public or investor-owned community water supply, the EAB must
find that: [Ord. 2005-003]
1. Satisfactory groundwater is available or can
be obtained; and
2. The well complies with all setbacks,
construction standards, and other requirements of this Chapter; and Chapter 62-6, F.A.C., Chapter 62-532, F.A.C., Chapter 62-550, F.A.C., Chapter 62-555, F.A.C., and Chapter 64E-8, F.A.C.; and [Ord. 2005-003] [Ord. 2022-019]
3. Every reasonable effort has
been made to obtain a water supply from a public or investor-owned community
water supplier.
I. In
order to grant relief from Art. 15.B.8, Construction and Design Requirements, and/or Art. 15.B.9, Connection Required, the EAB must find that: [Ord.
2005-003]
1. Satisfactory groundwater can be obtained; and
2. Every reasonable effort has been made to
comply with the requirements of this Chapter in the location of the water well; and
3. The proposed water well complies with all
construction standards and other requirements of this Chapter; and
4. Advanced notice shall be given to future
purchasers of the water system that the system shall be connected to a
community water supply when such supply becomes available. The purchaser has
certain operational requirements until such connection is completed.
J. Provided that the factual
findings specified in Art. 15.B.17.H and Art. 15.B.17.I, above, are made, the EAB
may reverse, modify, or affirm, wholly or partly, the requirement,
interpretation, or determination made by the Department or the ECO. In granting
an appeal, the EAB may prescribe appropriate conditions and safeguards
consistent with this Chapter.
Violation of such conditions and safeguards, when made a part of the terms
under which the appeal is granted, shall be deemed a violation of this Chapter. The EAB may also prescribe
a reasonable time within which the action for which the appeal is granted shall
be started or completed or both. Any decision of the EAB shall be in the form
of written order.
K. If there is a change in the
facts or circumstances supporting a request for relief after an order granting
relief has been issued, then the Applicant shall notify the Department. The
Department may request the EAB to revoke or amend the order.
L. Except where the relief
granted is to exempt an Applicant from the requirement to connect to a
community water supply under Art. 15.B.9, Connection Required, any relief granted shall
automatically terminate upon the availability of community water supply to the
lot or parcel. Upon the request of the Department or the ECO, the EAB may
modify or rescind an order granting relief from the requirements to connect to
a public or investor-owned community water supply under Art. 15.B.17.H if conditions under which the appeal was granted no longer
exist. Unless otherwise provided in an order issued pursuant to Art. 15.B.17.H, relief granted under this Chapter shall automatically lapse
if action for which the appeal was granted has not been initiated within one
year from the date of granting such appeal by the EAB or, if judicial
proceedings to review the EAB’s decision shall be instituted, from the date of
entry of the Final Order in such proceedings, including all appeals. [Ord.
2005-003]
M. The decision of the EAB
shall be final administrative action. Any party or interested Person may appeal
a decision of the EAB to the Circuit Court of PBC. Such appeal shall be filed
within 30 days of the execution of the EAB Order.
A. Violations,
Enforcement, and Penalties
It is unlawful for any person to violate any
provision of this Chapter or any duly constituted order of the ECHB
enforcing this Chapter. Such violations shall be subject to the
enforcement and penalty provisions of Chapter
77-616, Special Acts, Laws of Florida, as may be amended from time to
time and PBC Environmental Control Ordinance No. 94-26, 32 as amended.
B. Inspections
It shall be the duty of the Director to conduct such
inspections as are reasonable and necessary to determine compliance with the
provisions of this Chapter.
Any Person
aggrieved by an action or decision of the ECHB, including PBC, may seek
judicial review in the Circuit Court of PBC.
This Chapter shall apply to all the incorporated and
unincorporated areas of PBC.
The purpose of
threshold review is to provide information to the Applicant and PBC on the
carrying capacity of the land prior to site design.
Proposed development
consisting of any of the following site uses shall be reviewed by the Department. In response, the Department shall advise
the Applicant of special rules and procedures governing development of the use:
1. Landfills or Incinerators; [Ord. 2017-008]
2. Recycling Plants and Recycling/Centers; [Ord. 2017-008]
3. Composting Facilities;
4. Chipping and Mulching; [Ord. 2017-008]
5. Water or Wastewater Treatment Plants; [Ord. 2017-008]
6. Public Bathing Places;
7. Salvage and Junk Yards; [Ord. 2017-008]
8. Air Curtain Incinerators; [Ord. 2017-008]
9. Biohazardous Waste Processing Plants;
10. Electric Power Plants; [Ord. 2017-008]
11. Septic Tanks;
12. Private Water Supply Wells; and,
13. Public Swimming Pools.
Applications for Threshold Review may be submitted to the PBCHD
or concurrently with a Zoning application.
Application must comply with the provisions of this Article and
any additional application requirements, established by the Health Department.
An application for all Zoning amendments or Development Permits
shall be submitted pursuant to Art. 2, Application
Processes and Procedures, by the owner, or agent who is authorized
in writing to act on the owner’s behalf, or person having a written contractual
interest in the land for which the amendment or Development Permit is proposed.
Simultaneous with the submission of the application for Development
Permit, a Threshold Review application shall be completed and submitted in a
form established by the Zoning Division. The response from the reviewing Agencies
shall be provided to the Applicant within 15 days after submission of a
completed application. The response shall be submitted the Zoning Division
prior to certification of the application for a public hearing or meeting. For
the purpose of applying for a Development Permit, a Certificate of Threshold
Review shall remain valid for one year from the date of issuance of the
certificate provided the project does not change, or for the life of the review
process, whichever is less.
APPENDIX 2
– TYPICAL SITE PLAN SEWAGE DISPOSAL SYSTEM
APPENDIX 3 – ECR I, INFORMATION REQUIRED FOR AN
APPEAL FOR AN INDIVIDUAL LOT
Eight copies of the following information
prepared by an Engineer or land Surveyor registered in the State of Florida
must be submitted with the notice of appeal:
1. Floor
plan
2. A
Site Plan drawn to scale showing:
a. Boundaries
with dimensions
b. Elevations
or slope of land
c. Location
of building(s)
d. Location
and layout of septic tank
e. Location
and layout of drainfield
f. Location
of potable water supply lines
g. Location
of well
h. Location
of public sewers
i. Location
and elevation of percolation test
j. Location
of septic tank, drainfield, and well on adjacent properties (sides, front, and
rear)
k. Location
of driveways, parking, and walkways
l. Benchmark
on or adjacent to property
3. The
Site Plan must indicate the following (related to the system):
a. Distance
from private well
b. Distance
from public well
c. Distance
of septic tank and drainfield from building
d. Distance
of septic tank and drainfield from property line
e. Distance
from water supply lines
f. Distance
to high-water line of lakes, canals, streams, etc.
4. Two soil profiles to six feet
(in drainfield area) indicating the soil classification and showing the
existing water table and the estimated wettest season water table.
APPENDIX 4 – ECR II, INFORMATION REQUIRED FOR
AN APPEAL FOR A SUBDIVISION
Ten copies of the following information
prepared by an Engineer registered in the State of Florida must be submitted
with the notice of appeal:
1. General
Information
a. Name of
subdivision
b. Owner
c. Address
d. Location of
subdivision
e. Total area of
subdivision
acre:
Number of lots
f. Minimum lot
size
g. Adjacent subdivisions Location Size Distance
h. Approximate
adjacent acreage available for expansion
i. Typical
home to be constructed:
No. of bedrooms
Sq. footage of heated or cooled area
2. Required
exhibits
a. Location
map – A location map showing the location of the subdivision in related to the
surrounding areas and nearby built-up area.
b. Topographical
map – A contour map indicating all streams or watercourses, bodies of water,
low, wet, or marshy land, rock outcrops, and filled areas.
c. Proposed
plat – A plat of the subdivision showing the individual lots, if available, or
a proposed subdivision layout.
d. Drainage
plans – A plan of the subdivision indicating all drainage structures and
features, designed in accordance with the requirements of the South Florida
Water Management District and the local drainage district.
e. Plans
for water and sewer lines – A plan of the subdivision indicating proposed water
and sewer lines.
3. Water
supply and sewage disposal.
a. Source
of proposed water supply.
1) Community
2) Non-community
3) Private
well
4) If
a utility is expected to supply water, submit evidence of availability of the
water supply.
5) If
an onsite well is utilized, submit evidence that groundwater is of adequate
quality.
Amendment
History:
[Ord. 2003-068;
December 12, 2003] [Ord. 2005-003; February 1, 2005] [Ord. 2006-004; March 1,
2006] [Ord. 2007-013; September 4, 2007] [Ord. 2011-002; February 4, 2011]
[Ord. 2011-017; September 6, 2011] [Ord. 2013-002; January 31, 2013] [Ord.
2014-026; September 3, 2014] [Ord. 2016-043; September 27, 2016] [Ord. 2017-008;
March 2, 2017] [Ord. 2018-019; August 29, 2018] [Ord. 2022-019; July 29, 2022]