Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 9, March 6, 2009 issue of the Florida Administrative Weekly.

These changes are made in addition to a previous Notice of Change published in the April 10, 2009, issue of the Florida Administrative Weekly.

64E-6.009 Alternative Systems.

Unnumbered Paragraph No change.

(1) through (2) No change.

(3) Mound systems – are used to overcome certain limiting site conditions such as an elevated seasonal high water table, shallow permeable soil overlying slowly permeable soil and shallow permeable soil located over creviced or porous bedrock. Special installation instructions or design techniques to suit a particular site shall, using the criteria in subsection 64E-6.004(4), F.A.C., be specified on the construction permit in addition to the following general requirements.

(a) through (e) No change.

(f) There shall be a minimum 4 feet separation between the shoulder of the fill and the nearest trench or absorption bed sidewall. Where a portion of the mound slope will be placed adjacent to building foundations, pilings or supports for elevated structures, mobile home walls, swimming pool walls, retaining walls, or similar obstructions there shall be a minimum 5 foot separation between the sidewall of the absorption area and the obstruction. Such obstructions shall impact the slope on no more than 50 percent of the shoulder perimeter. Retaining walls must be designed by a professional engineer licensed in the state of Florida to withstand the lateral earth forces under saturated conditions and to prevent seepage. Where mounds are placed on slopes exceeding 2 percent, the toe of the slope on the downslope side of the mound shall extend an additional 4 inches for each additional 1 percent of slope. To taper the maximum elevation of the mound at the outer perimeter of the shoulder down to the toe of the slope, additional moderately or slightly limited fill shall be placed at a minimum 2 foot horizontal to 1 foot vertical grade where mound height does not exceed 36 inches. Mound heights which exceed 36 inches shall have a slope not steeper than 3 foot horizontal to 1 foot vertical. The entire mound including slopes, shoulders and the soil cap shall be stabilized with vegetation. Slopes steeper than 5:1 shall be sodded or hydroseeded. Soil caps and unsodded slopes must, at a minimum, be hydroseeded or seeded with grass and a layer of hay or similar cover. Where fill material is present in the amount so as to provide a level surface from the top of the required cover over the system over the area where the slopes would normally be located, no slopes shall be required. For example, if the neighboring lot has been permanently filled to the same level as the applicant's lot, a five-foot separation from the property line to the system will be required, as opposed to requiring the slope area. Stabilization of a mound shall be the responsibility of the septic tank contractor who constructed the mound system unless the written agreement for system construction clearly states the system owner is responsible. Mound slopes which do not conform to permit requirements shall at a minimum be restored to permit specifications prior to stabilizing. Other synthetic or vegetative covers providing protection from mound erosion equal to or better than sod shall be approved by the State Health Office. Final installation approval shall not be granted until sodding, hydroseeding, seeding and haying or other approved stabilization of the mound has occurred. No portion of the drainfield or shoulder area shall be covered with asphalt or a concrete driveway or be subject to vehicular traffic. Landscaping features such as boulders or trees which obstruct drainfield or fill shoulder area shall not be used. Hydroseeding shall be performed in accordance with the product manufacturer’s instructions and Section 7.5, Permanent Seeding, of the Florida Erosion and Sedimentation ~~Sediment~~ Control Inspector’s Manual, July 2008, ~~Chapter 6, Best Management Practices – Vegetation for Erosion Control,~~ herein incorporated by reference.

(g) through (j) No change.

(4) through (10) No change.

Rulemaking ~~Specific~~ Authority 381.0065(3)(a) FS. Law Implemented 381.0065 FS. History–New 12-22-82, Amended 2-5-85, Formerly 10D-6.49, Amended 3-17-92, 1-3-95, Formerly 10D-6.049, Amended 11-19-97, 2-3-98, 3-22-00, 4-21-02, 6-18-03, 11-26-06,________.

64E-6.011 Abandonment of Systems.

(1) through (3) No change.

(4) A septic tank serving a single family residence may, at the owner’s discretion, be converted into a cistern pursuant to the following procedures:

(a) through (m) No change.

(n) Persons contemplating this work are advised that working in and around an open septic tank can be dangerous. Activities related to the cleaning and disinfection of the septic tank could expose workers to hazards related to confined workspaces, methane gas, aerosolized pathogens, collapsing tanks and other hazards. The applicant and workers are advised to seek advice from OSHA or experts in occupational safety before undertaking this work.

~~(o) The applicant is advised to have the tank inspected by a civil engineer or other person qualified to evaluate the condition of the tank and its suitability for the intended use.~~

Rulemaking ~~Specific~~ Authority 381.0065, 489.553, 489.557 FS. Law Implemented 381.0065, 381.00655, 381.0066, Part I 386 FS. History– New 12-22-82, Amended 2-5-85, Formerly 10D-6.53, Amended 3-17-92, 1-3-95, 6-18-03,________.