Section 62-6.001 - General(1) The provisions of Part I (Rules 62-6.001 through 62-6.016, F.A.C.) of this chapter apply to all areas of the state except where specific provisions in Part II (Rules 62-6.017 through 62-6.0182, F.A.C.), addressing the Florida Keys, or specific provisions in Part IV (Rules 62-6.025 through 62-6.0295, F.A.C.), addressing performance-based treatment systems, exempt or modify compliance with Part I. Part III (Rules 62-6.019 through 62-6.023, F.A.C.) addresses the registration of septic tank contractors and authorization of partnerships and corporations. Part V (Rule 62-6.030, F.A.C.) addresses fees for services throughout the chapter. The provisions of this chapter must be used in conjunction with Chapter 381 and Part III of Chapter 489, F.S.(2) Structures used or intended for human occupancy, employment or service to the public and locations where people congregate, such as construction sites, fairs, and field locations for agricultural workers shall provide approved wastewater treatment and disposal systems. Except for the provisions of Rule 62-6.0101, F.A.C., permanent structures shall not rely upon the use of holding tanks and portable toilets for wastewater treatment and disposal.(3) Combination of commercial and domestic sewage into a single system shall require that all the sewage be treated as commercial sewage.(4) Except as provided for in Section 381.00655, F.S., any existing and prior approved system which has been placed into use and which remains in satisfactory operating condition shall remain valid for use under the terms of the rule and permit under which it was approved. Alterations that change the conditions under which the system was permitted and approved, sewage characteristics or increase sewage flow will require that the owner, or their authorized representative, apply for and receive reapproval of the system by the Department, prior to any alteration of the structure, or system. If an applicant requests that the Department consider the previous structure's or establishment's most recent approved occupancy, the applicant must provide written documentation that the onsite sewage treatment and disposal system was approved by the Department for that previous occupancy. (a) An applicant will be required to complete an application, and provide a site plan in accordance with rule 62-6.004, F.A.C., to provide information of the site conditions under which the system is currently in use and conditions under which it will be used.(b) The applicant shall have all system tanks pumped by a permitted septage disposal service. A registered septic tank contractor, state-licensed plumber, person certified under Section 381.0101, F.S., or master septic tank contractor shall determine the tank volume and shall perform a visual inspection of the tank when the tank is empty to detect any observable defects or leaks in the tank. The tank volume shall be obtained from the tank legend or shall be calculated from measured internal tank dimensions for length, width and depth to the liquid level line or from the measured outside dimensions for length and width minus the wall thickness and depth to the liquid level line. For odd shaped tanks and tanks without a legend, metered water flows from the refilling of the tank may be used in lieu of measured inside or outside tank dimensions. The person performing the inspection shall submit the results to the Department as part of the application in accordance with rule 62-6.004, F.A.C.(c) If a prior approved existing system has been approved within the preceding five years, and the system was determined to be in satisfactory operating condition at that time, a new inspection is not required unless there is a record of failure of the system. If it is determined that a new inspection is not required, only the application fee shall be charged for this application and approval.(d) If the use of a building is changed or if additions or alterations to a building are made which will increase domestic sewage flow, change sewage characteristics, or compromise the integrity or function of the system, the onsite sewage treatment and disposal system serving such building shall be brought into full compliance with the provisions and requirements of these rules.1. Proper well setbacks shall be maintained.2. Prior to any modification of the system, the owner shall apply for and obtain a permit for modification of the system from the Department in accordance with Rule 62-6.004, F.A.C. The permit shall be valid for 18 months from the date of issue. Where building construction has commenced, it shall be valid for an additional 90 days.3. Necessary site investigations and tests shall be performed at the expense of the owner by either an engineer with soils training who is licensed in the state of Florida pursuant to Chapter 471, F.S., registered septic tank contractors, master septic tank contractors, or persons certified under Section 381.0101, F.S., or Department personnel for the appropriate fee specified in Section 381.0066, F.S.(e) For residences, flows shall be calculated using new system criteria for bedrooms and building area, including existing structures and any proposed additions. Table I and footnotes shall apply. No part of the existing structure, or the addition to the structure shall be allowed to cover any part of the system. Non-load bearing structures, such as a concrete patio floor, are allowed to cover the septic tank, provided that access to the tank is provided for maintenance. The structure above the septic tank shall have a minimum opening of 225 square inches at each end of the septic tank for access into the tank. The structure shall not be in direct contact with the tank. A barrier of soil or plastic shall be used between the tank and non-load bearing structure. A modification, replacement, or upgrade of an onsite sewage treatment and disposal system is not required for a remodeling addition if a bedroom is not added. For those residences that add sewage flow, the system shall be required to be altered to meet the following criteria:1. The septic tank need not be replaced if it is structurally sound and is within one tank size of the required specifications found in Table II, for the proposed structure. An approved outlet filter shall be installed if one is currently not in place. If existing tanks are not within one tank size of the required specifications found in Table II, for the proposed structure, they shall be replaced or supplemented to meet current sizing requirements. If a new tank is installed in series, the resulting configuration must meet the sizing requirements for tanks-in-series in Rule 62-6.013, F.A.C.2. The Department shall require the existing drainfield to be increased to current rule drainfield size requirements for the proposed estimated sewage flow using the appropriate soil loading rate and sizing criteria for new systems. Where the existing elevation of the bottom surface of the drainfield is less than 24 inches above the wet season high water table, the bottom of the drainfield shall be maintained at the existing separation or a minimum of 12 inches above the wet season high water table, whichever is greater.3. Where the bottom of the drainfield is less than 12 inches above the wet season high water table, the drainfield shall be brought into full compliance with all new system standards, as long as it is the intent of the applicant to proceed with the addition to the residence.(f) For commercial establishments, the system shall not be required to be altered if domestic sewage flow is not expected to increase by more than 20% of original design flow or require more than one tank size adjustment. A Department approved outlet filter device shall be installed. Any system which is used to treat and dispose of commercial wastewater shall be brought into full compliance with the provisions and requirements of current rules when there is any increase in sewage flow or increase in waste strength.(g) These requirements do not authorize a residence or establishment to exceed the lot flow allowances authorized under paragraph 62-6.005(7)(c), F.A.C. Establishments that currently exceed lot flow allowances shall not be allowed to increase sewage flow.(h) The installation of a laundry system, a gray water system, a grease interceptor, or additional drainfield as a precautionary measure to prolong system functioning of an existing system is considered a modification to the system. Such installation is not a modification if it is associated with an increase in estimated sewage flow or change in sewage characteristics, if the system is in failure or if the existing system is in non-compliance with the terms of the original permit, in which case it will be considered a new system.(i) If an existing system 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 Section 381.0065(4)(x), F.S.(5) The Department Procedure for Voluntary Inspection and Assessment of Existing Systems, May, 2000, herein incorporated by reference (formerly from Department of Health) shall be applied except in situations pertaining to an increase in sewage flow or change in sewage characteristics, or failure of the system. The inspection is designed to assess the condition of a system at a particular moment in time. The inspection will identify obviously substandard systems, for example systems without drainfields. The inspection is not designed to determine precise code compliance, nor provide information to demonstrate that the system will adequately serve the use to be placed upon it by this or any subsequent owner. Nothing in this section shall be construed to limit the amount of detail an inspector may provide at their professional discretion. Persons allowed to perform work under this section shall be master septic tank contractors, registered septic tank contractors, state-licensed plumbers, and persons certified under Section 381.0101, F.S. Department employees are excluded from performing these evaluations. Aerobic treatment units and performance-based treatment systems shall not be evaluated using this criteria, but shall be evaluated by the approved maintenance entity which maintains the unit or system. Nothing in this section restricts the person having ownership of, control of, or use of an onsite sewage treatment and disposal system from requesting a partial inspection. The inspector shall provide the person requesting the inspection a copy of the Department Procedure for Voluntary Inspection and Assessment of Existing Systems and written notice of their right to request an inspection based on part or all of the standards.(6) Citations issued by the Department shall be on Form DEP 3146, 11/02, Citation for Violation, Onsite Sewage Program/Sanitary Nuisance, hereby incorporated by reference.(7) Where the Department has adopted a basin management action plan for nutrient total maximum daily loads that includes an onsite sewage treatment and disposal system remediation plan, pursuant to applicable Florida law, the following requirements apply: (a) Onsite sewage treatment and disposal system permits must incorporate the applicable remediation plan requirements or the requirements of this chapter, whichever are more stringent. The remediation plan requirements of the onsite sewage treatment and disposal system and requirements of this chapter, whichever are more stringent, are projected to not cause or contribute to the exceedance of the nutrient total maximum daily load established as of the date of the permit application.(b) The permit application must identify the lot as being subject to a basin management action plan, onsite sewage treatment and disposal system remediation plan. Unless otherwise specified in the remediation plan, a lot is subject to these requirements when the boundary of a delineated area for an onsite sewage treatment and disposal system remediation plan encompasses or intersects the lot, or if the remediation plan otherwise identifies the lot as subject to its requirements. The permit application must specifically identify additional stringent requirements of an onsite sewage treatment and disposal system remediation plan and how the more stringent requirements will be met.(c) If the onsite sewage treatment and disposal system remediation plan has provisions that exempt or otherwise allow for relief from total compliance with the remediation plan requirements, the permit applicant must provide documentation affirmatively demonstrating that the thresholds for the exemption or other relief are met.(8) All materials incorporated herein may be obtained from the Department of Environmental Protection, Onsite Sewage Program at www.floridadep.gov or 2600 Blair Stone Road, MS #3596, Tallahassee, Florida 32399-2400.Fla. Admin. Code Ann. R. 62-6.001
Rulemaking Authority 381.0065(3)(a), 381.0065(4)(e), 489.553(3), 489.557(1) FS. Law Implemented 381.0065, 381.0067, 386.041, 489.553 FS.
New 12-22-82, Amended 2-5-85, Formerly 10D-6.41, Amended 3-17-92, 1-3-95, 5-14-96, 2-13-97, Formerly 10D-6.041, Amended 11-19-97, 2-3-98, 3-22-00, 9-5-00, 5-24-04, 11-26-06, 6-25-09, 4-28-10, 7-16-13, Formerly 64E-6.001.Ratified by Ch. 2023-308, LOF.
New 12-22-82, Amended 2-5-85, Formerly 10D-6.41, Amended 3-17-92, 1-3-95, 5-14-96, 2-13-97, Formerly 10D-6.041, Amended 11-19-97, 2-3-98, 3-22-00, 9-5-00, 5-24-04, 11-26-06, 6-25-09, 4-28-10, 7-16-13, Formerly 64E-6.001, Amended 6-28-23.
The adopted version of this section by Florida Register Volume 48, Number 096, May 17, 2022 is not yet available.