(1) Innovative System Permit – An application for system construction permit for an innovative system cannot be reviewed until the innovative system permit has been approved specifying the number of systems and time limits. The Department’s decision to grant or deny the innovative system permit shall be based on the presence or absence of compelling evidence that the innovative systems will function properly and reliably to meet the requirements of this chapter and Florida Statutes § 381.0065
    (2) System Construction Permit – No portion of a performance-based treatment system shall be installed, repaired, altered, modified, abandoned or replaced until a construction permit has been issued on Form DEP 4016. 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 be charged for a repair permit issued within 12 months from the date of final authorization of the performance-based treatment system. If a construction or repair permit for a performance-based treatment 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 a performance-based treatment system; pumping of septage from a system; or making minor structural corrections to a tank, or distribution box, does not constitute a repair, however, all services must be performed by the performance system maintenance entity. Any proposed change from the original design, including increasing or decreasing changes in flow rate, shall require that the system be re-engineered to achieve the desired performance standard under the altered conditions.
    (3) Within 15 working days after the Department receives a completed application for a performance-based treatment system, the Department must either issue a permit for the system or shall notify the applicant that the system does not comply with the performance criteria, and refer the application to the Onsite Sewage Program, who shall review the application for a determination whether the system should be approved, disapproved, or approved with modifications. The determination of the engineer for the Onsite Sewage Program shall prevail over the action of the local county health department. All applications for a construction permit for an innovative system shall be reviewed for completeness by the Department and referred to the Onsite Sewage Program for review and approval, disapproval or approval with modifications.
    (4) The applicant shall be notified of the Department’s determination. If the permit is denied, the applicant shall be notified of their right to pursue a variance or seek review under the provisions of Florida Statutes Chapter 120
    (5) System inspection – Before covering with earth and before placing the performance-based treatment system into service, a person installing or constructing any portion of the performance-based treatment system shall notify the Department of the completion of the construction activities and shall have the system inspected by the Department for compliance with the requirements of this chapter.
    (a) Prior to or concurrent with a final installation inspection by the Department, the professional engineer who designed the system, or the design engineer’s designee, shall observe the entire installation and shall certify in writing that the installed system complies with the approved design and installation requirements. This certification shall read as follows: “”I certify that the engineering features of this performance-based treatment system have been examined by me and found to substantially comply with all specifications contained in the engineering design that was the basis for issuance of the construction permit. I certify that the operation and maintenance manual for this performance-based treatment system has been prepared or examined by me or by an individual(s) under my direct supervision and that there is reasonable assurance, in my professional judgment, that the system, when properly operated and maintained in accordance with this manual, will achieve the established performance standard and comply with all applicable statutory requirements and rules of the Department.””
    (b) If the system construction is approved after an inspection by the Department, the Department shall issue a “”Construction Approval”” notice to the installer. A drawing to depict the installation as built shall be provided to the Department prior to final system approval.
    (c) If the system is found to not comply with the construction permit during the construction inspection on any type of system installation, the Department shall notify the engineer. The installer shall make all required corrections and notify the Department of the completion of the work prior to reinspection of the system. A reinspection fee shall be charged for each additional inspection leading up to construction approval.
    (d) Final installation approval shall not be granted until the Department has confirmed that all requirements of this chapter, including building construction and lot grading are in compliance with plans and specifications provided with the permit application, the system maintenance entity has been identified to the Department, and the property owner has executed and recorded in the public property records at the county courthouse, a written notice that informs all subsequent property owners of the use of the performance-based treatment system, and of the requirement for the system to be maintained, in perpetuity, in compliance with all lawful requirements. “”Approved”” installation does not imply that a system will perform satisfactorily for a specific period of time.
    (6) Operating permits – No residence or establishment served by a performance-based treatment system shall be occupied until Form DEP 4081, “”Application for Onsite Sewage Treatment and Disposal System Operating Permit”” has been received and approved by the Department. Where a performance-based treatment system is used, only one operating permit shall be required for the system.
    (a) Maintenance entities contracting to service performance-based treatment systems shall obtain a biennial operating permit from the Department for the system. Persons operating a 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.
    (b) The permit shall designate the performance system maintenance entity responsible for the operation and maintenance of the system. At a minimum, the performance system maintenance entity responsible for maintenance of the system shall test, or cause to be tested, the performance-based treatment system in accordance with Part IV of this rule. The frequency of testing shall be specified on the biennial operating permit. The operating permit shall also specify the observation interval to assess the operation of the system without taking monitoring samples.
    (c) Systems and the structures which they serve shall be inspected by the Department at least once annually during the term of the biennial operating permit to determine compliance with the terms of the operating permit.
    (d) A copy of the signed maintenance agreement between the property owner or property lessee and an engineer-designed performance-based system maintenance entity shall be provided to the Department by the maintenance entity. The maintenance agreement shall:
    1. Initially be for a period of at least 2 years and subsequent maintenance agreement renewals shall be for at least 1 year periods for the life of the system.
    2. Provide that a maintenance entity which desires to discontinue the provision of maintenance services, notify in writing, the property owners and lessees and the Department at least 60 days prior to discontinuance of service.
    3. Provide that, if a private maintenance entity discontinues business, property owners who have previously contracted with the discontinued maintenance service shall, within 60 days of the service termination date, contract with an approved maintenance service and provide the Department a copy of the newly signed maintenance agreement.
    4. Provide that each performance-based treatment system is inspected by an engineer-designed performance-based system maintenance entity at least two times each year. The maintenance entity shall furnish to the Department a listing of all performance-based treatment systems inspected or serviced during the respective reporting period. As a minimum, reports shall indicate the system owner or building lessee, the street address of the system, the date of system inspection or service and a statement as to the maintenance or service performed. The maintenance entity shall also include a list of the owners who have refused to renew their maintenance agreement.
    (e) No performance-based treatment system shall be serviced or repaired by a person or entity engaged in a performance-based treatment system maintenance service until the service entity has obtained an annual written permit issued on Form DEP 4013 from the Department in the county where the service company is located. Each service entity shall employ at least one plumbing contractor licensed under Section 489.105(3)(m), F.S., septic tank contractor registered under Part III of Florida Statutes Chapter 489, or a state-licensed wastewater treatment plant operator, who is responsible for maintenance and repair of all systems under contract. Application for a Maintenance Service Permit, Form DEP 4066, shall be made to the Department and shall contain the following information:
    1. Evidence that the maintenance entity possesses a manufacturer’s maintenance and operations manual and has received training from the manufacturer in proper installation and service of the performance-based treatment system components and has received written approval from the components’ manufacturers to perform service on their components. The manual shall contain detailed instructions on proper operation and maintenance procedures, a replacement parts list for all components being installed and maintained, a statement giving the capabilities of each system, instructions on how to detect a malfunctioning system and what to expect from a properly functioning system.
    2. A signed statement from the applicant attesting that the applicant has adequate staff, possesses proper equipment and has sufficient spare structural and mechanical parts and components to perform routine system monitoring and servicing and is able to make a service response within 36 hours after notification of the need for emergency repairs.
    3. Payment of $25.00 to the Department per annum for the performance-based treatment system maintenance service permit.
    (7) 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.
Rulemaking Authority 381.0065(3)(a) FS. Law Implemented 381.0065, Part I 386 FS. History-New 2-3-98, Amended 4-21-02, 6-18-03, 6-25-09, 4-28-10, Formerly 64E-6.027.