§ 24-43.1. Liquid waste disposal and potable water supply systems.

(1)

The intent and purpose of this section is to safeguard the public health, safety, and welfare by regulating liquid waste storage, disposal and treatment methods other than sanitary sewers and any source of potable water supply.

(2)

No person shall discharge or cause, allow, permit, let or suffer to be discharged any liquid waste or other substance of any kind whatsoever into a septic tank other than domestic sewage.

(3)

Notwithstanding any provision of this Code, no County or municipal officer, agent, employee or Board shall approve, grant or issue any building permit, certificate of use and occupancy (except for changes in ownership), municipal occupational license (except for changes in ownership), platting action (final plat, waiver of plat or equivalent municipal platting action) or zoning action (district boundary change, unusual use, use variance or equivalent municipal zoning action) for any residential land use served or to be served by a septic tank or any source of potable water supply until the County or municipal officer, agent, employee or Board affirmatively determines that the residential land use will comply with one (1) or more of the requirements as set forth in Sections 24-43.1(3)(a), (b), (c), (d), (e), and (f) and Section 24-43.2(1) of this Code, and, additionally, that the property is not within a feasible distance for a public water main or public sanitary sewers.

Furthermore, notwithstanding any provision of this Code, no person shall construct, utilize, operate, occupy or cause, allow, let, permit or suffer to be constructed, utilized, operated or occupied any residential land use served or to be served by a septic tank or any source of potable water supply until the County or municipal officer, agent, employee or Board affirmatively determines that the residential land use will comply with one (1) or more of the requirements set forth in Sections 24-43.1(3)(a), (b), (c), (d), (e) and (f) and Section 24-43.2(1) of this Code, and, additionally, that the property is not within a feasible distance for a public water main or public sanitary sewers.

(a)

Where public water is used:

(i)

The minimum lot size for a single-family residence shall be fifteen thousand (15,000) square feet of unsubmerged land;

(ii)

The minimum lot size for a duplex residence shall be twenty thousand (20,000) square feet of unsubmerged land;

(iii)

The maximum sewage loading for all other residential uses shall be one thousand five hundred (1,500) gallons per day per unsubmerged acre; or

(b)

Where public water is not used:

(i)

The minimum lot size for a single-family residence shall be twenty thousand three hundred twenty-eight (20,328) square feet of unsubmerged land;

(ii)

The minimum lot size for a duplex residence shall be twenty-nine thousand forty (29,040) square feet of unsubmerged land;

(iii)

The maximum sewage loading for all other residential uses shall be seven hundred fifty (750) gallons per day per unsubmerged acre; or

(c)

In the case of a property owner who has requested to use a tract of land for a single-family residence or duplex residence but which tract of land fails to comply with the minimum lot size requirements of Section 24-43.1(3)(a)(i) or Section 24-43.1(3)(a)(ii) hereof and a public right-of-way containing an available and operative public water main or easement containing an available and operative public water main abuts said tract of land, the Director or the Director's designee has issued his written approval for the use of a septic tank for such single-family residence or duplex residence. The Director or the Director's designee shall issue his written approval only if he finds that said tract of land was created by deed prior to January 1, 1958, or was created by plat approved by the governmental authorities having jurisdiction prior to January 1, 1972, provided that said tract of land, as created by the originally recorded plat or originally recorded deed, has continuously remained in the same form as set forth in the originally recorded plat or deed, or

(d)

The Director or the Director's designee has issued his written approval for any residential land use served or to be served by a public water main and a septic tank. The Director or the Director's designee shall issue his written approval only if he finds the following:

(i)

That extension of public sanitary sewers to serve the property from the nearest available point of connection to an available public sanitary sewer is not within a feasible distance for public sanitary sewers, and

(ii)

That more than fifty (50) percent of an area, consisting of a minimum of one-quarter (¼) mile square extending a minimum of one-eighth ( 1/8 ) of a mile radially from the perimeter of the property, contains land uses served by septic tank(s) and a public water supply, and

(iii)

That the property complies with the minimum lot size requirements and the maximum lot size requirements and the maximum daily domestic sewage flow (sewage loading) requirements of Chapter 10D-6 of the State of Florida Rules of the Department of Health and Rehabilitative Services as same may be amended from time to time, or has obtained a variance from the aforementioned requirements of Chapter 10D-6, and

(iv)

The property was part of a recorded subdivision which was created by plat or deed but said subdivision has not continuously remained as a legally recorded subdivision and the size of each proposed lot is the same or larger than the lots set forth in the recorded subdivision, and

(v)

That if the property is located within the Northwest Wellfield protection area or within the West Wellfield Interim protection area or within the basic wellfield protection area of any public utility potable water supply well, the property complies with Section 24-43(4)(a) and Section 24-43(4)(d) of this Code, and

(vi)

That residential land uses other than a single-family residence or a duplex residence shall be in compliance with Sections 24-43.1(3)(a)(iii), or

(e)

The Director or the Director's designee has issued the Director's or the Director's designee's written approval for a platting action (final plat, waiver of plat, or equivalent municipal platting action) for a residential subdivision which was in existence prior to the effective date of this subsection served or to be served by a public water main and septic tanks. The Director or the Director's designee shall issue the Director's or the Director's designee's written approval only if the Director or the Director's designee finds the following:

(i)

The extension of public sanitary sewers to serve the property from the nearest available point of connection to an available public sanitary sewer is not within a feasible distance for public sanitary sewers, and

(ii)

The original subdivision was created by deed prior to January 1, 1958, or was created by plat prior to January 1, 1972, provided that said tract of land, as created by the originally recorded plat or deed, has continuously remained in the same form as set forth in the originally recorded plat or deed, and

(iii)

The individual lots created by the platting action fail to comply with the minimum lot size requirements of Sections 24-43.1(3)(a)(i) or Section 24-43.1(3)(a)(ii) hereof, and

(iv)

The proposed subdivision of the originally recorded plat or deed will result in a subdivision containing less than or equivalent number of lots as the original subdivision described in subsection Section 24-43.1(3)(e)(ii), and

(v)

That residential land uses other than a single-family residence or a duplex residence shall be in compliance with Section 24-43.1(3)(a)(iii), or

(f)

The Director or the Director's designee has issued the Director's or the Director's designee's written approval for a platting action (final plat, waiver of plat or equivalent municipal platting action) for a residential subdivision which was not in existence prior to the effective date of this subsection which subdivision is served or to be served by a public water main and septic tanks. The Director or the Director's designee shall issue the Director's or the Director's designee's written approval only if the Director or the Director's designee finds the following:

(i)

The extension of public sanitary sewers to serve the property from the nearest available point of connection to an available public sanitary sewer is not within a feasible distance for public sanitary sewers, and

(ii)

The number of lots in the subdivision created by the platting action is derived by dividing the gross area of the property by the minimum lot size for a single-family residence or duplex residence as set forth in Sections 24-43.1(3)(a)(i) and 24-43.1(3)(a)(ii) hereof, and

(iii)

At least one-fourth (¼) of the lots in the subdivision exceed the minimum lot size requirements set forth in Section 24-43.1(3)(a)(i) and Section 24-43.1(3)(a)(ii) hereof and the remaining three-fourths (¾) of the lots are equal to or exceed ninety-five (95) percent of the lot size requirement set forth in Sections 24-43.1(3)(a)(i) and Section 24-43.1(3)(a)(ii).

In calculating the square footage of lots in Sections 24-43.1(a), (b), (c), (d), (e) and (f) above, abutting easements and rights-of-way shall be considered to the center lines thereof.

(4)

Notwithstanding any provision of this Code, no County or municipal officer, agent, employee or Board shall approve, grant or issue any building permit, certificate of use and occupancy (except for changes in ownership), municipal occupational license (except for changes in ownership), platting action (final plat, waiver of plat or equivalent municipal platting action) or zoning action (district boundary change, unusual use, use variance or equivalent municipal zoning action) for any nonresidential land use served or to be served by any source of potable water supply and a septic tank without obtaining the prior written approval of the Director or the Director's designee.

Furthermore, notwithstanding any provision of this Code, no person shall construct, utilize, operate, occupy, or cause, allow, let, permit or suffer to be constructed, utilized, operated or occupied any nonresidential land use served or to be served by any source of potable water and a septic tank without obtaining the prior written approval of the Director or the Director's designee.

The Director or the Director's designee shall issue the Director's or the Director's designee's written approval if the only liquid waste (excluding liquid wastes associated with the processing of agricultural produce in agricultural packing houses and liquid wastes associated with agricultural vehicle or, agricultural equipment maintenance facilities, stormwater and water used within a self-contained water recycling car wash facility, provided said facility does not backwash the recycling filters) which shall be generated, disposed of, discharged, or stored on the property shall be domestic sewage discharged into a septic tank and additionally, that the property is not within a feasible distance for public water mains and public sanitary sewers, and only:

(a)

After the owner of the property (excluding property upon which an agricultural vehicle or agricultural equipment maintenance facility operates) submits to the Director or the Director's designee a covenant running with the land executed by the owner of the property in favor of Miami-Dade County which provides that the only liquid waste (excluding liquid wastes associated with the processing of agricultural produce in agricultural packing houses and liquid wastes associated with agricultural vehicle or agricultural equipment maintenance facilities, stormwater and water used within a self-contained water recycling car wash facility, provided said facility does not backwash the recycling filters) which shall be generated, disposed of, discharged, or stored on the property shall be domestic sewage discharged into a septic tank. Said covenants shall be in a form(s) prescribed by the Director and approved by the Board of County Commissioners. The covenants shall be recorded by the Department at the expense of the owner of the property; and

(b)

If the Director or the Director's designee determines that the proposed nonresidential land use is in accordance with the following:

(i)

Where public water is used the maximum allowable sewage loading shall be one thousand five hundred (1,500) gallons per day per unsubmerged acre, or

(ii)

Where public water is not used the maximum allowable sewage loading shall be seven hundred fifty (750) gallons per day per unsubmerged acre.

In calculating the square footage of lots in Sections 24-43.1(b)(i) and (ii) above, abutting easements and rights-of-way shall be considered to the center lines thereof; and

(c)

If the Director or the Director's designee determines that the existing nonresidential land use for the property or the nonresidential land use requested for the property is served or to be served by an onsite domestic well system and a septic tank and is not one (1) or more of the following nonresidential land uses:

(i)

Establishments primarily engaged in the handling of food and drink except factory prepackaged products and agricultural crops and, food preparation facilities on agricultural properties which serve the prepared food and drink on site.

(ii)

Educational institutions,

(iii)

Intermediate care facilities,

(iv)

Health care facilities.

Notwithstanding the above, the Director or the Director's designee shall approve the issuance of a building permit for the repair or maintenance of existing facilities.

(5)

The following table shall be utilized by the Director or the Director's designee to determine sewage flows for sanitary sewers and the maximum allowable septic tank sewage loading requirements set forth in this chapter. If the Director or the Director's designee receives competent factual data and information such as actual on-site measured sewage flows or actual metered water bills, or an engineering flow study which utilizes recognized standard practices of the engineering profession, is signed and sealed by an engineer licensed by the State of Florida, and approved by the Director or the Director's designee, the Director or the Director's designee may utilize this data and information to determine sewage flows for sanitary sewers and the maximum allowable septic tank sewage loading requirements set forth in this chapter in lieu of the table below. This table shall not be utilized for the sizing of septic tanks. Sizing of septic tanks shall be in accordance with Florida Statutes regarding septic tanks.

Type of Land Use/Gallons Per Day (GPD)

Residential Land Uses:

Single-Family Residence:

 Less than 3001 sq. ft.: 210 gpd/unit

 3001—5000 sq. ft.: 310 gpd/unit

 More than 5000 sq. ft.: 510 gpd/unit

Townhouse Residence: 165 gpd/unit

Apartment: 135 gpd/unit

Mobile Home Residence/Park: 160 gpd/unit

Duplex or Twin Home Residence: 150 gpd/unit

Residential Facility/Institution:

 (a) Congregate Living Facility (CLF): 75 gpd/bed

 (b) Apartment Dormitory: 100 gpd/unit

 (c) Fire Station: 10 gpd/100 sq. ft.

 (d) Jail: 150 gpd/person

 (e) Other: 100 gpd/person

Commercial Land Uses:

Airport:

 (a) Common Area/Concourse/Retail: 10 gpd/100 sq. ft.

 (b) Food Service: See Restaurant use for allocation

Bank: 10 gpd/100 sq. ft.

Banquet Hall with or without kitchen: 10 gpd/100 sq. ft.

Bar, Cocktail Lounge, Nightclub, or Adult Entertainment: 20 gpd/100 sq. ft.

Barber Shop: 10 gpd/100 sq.ft.

Beauty Shop: 25 gpd/100 sq. ft.

Big Box Retail: 2.5 gpd/100 sq. ft.

Bowling Alley: 100 gpd/lane

Car Wash:

 (a) Manual Washing: 350 gpd/bay

 (b) Automated Washing: 5500 gpd/bay

  With recycle system: Based on system design and evaluation by the Department

Coin Laundry: 110 gpd/washer

Country Club with or without kitchen: 20 gpd/100 sq. ft.

Dentist's Office: 20 gpd/100 sq. ft.

Fitness Center or Gym: 10 gpd/100 sq. ft.

Funeral Home: 5 gpd/100 sq. ft.

Gas Station/Convenience store/Mini-Mart:

 (a) Without car wash: 450 gpd/unit

 (b) With single automated car wash: 1750 gpd/unit

Additional single automated car wash: 1300 gpd/unit

Hospital: 250 gpd/bed

Hotel or Motel: 115 gpd/room

House of Worship: 10 gpd/100 sq. ft.

Industrial use not discharging a process wastewater and not utilizing potable water for an industrial process (including but not limited to automotive repair, boat repair, carpentry, factory, machine shop, welding): 4 gpd/100 sq. ft.

Industrial use discharging a process wastewater or utilizing potable water for industrial use: Based on system design and evaluation by the Department

Kennel: 15 gpd/100 sq. ft.

Marina: 60 gpd/slip

Nail salon: 30 gpd/100 sq. ft.

Nursing/Convalescent Home: 125 gpd/bed

Office Building: 5 gpd/100 sq. ft.

Pet Grooming: 20 gpd/100 sq. ft.

Physician's Office: 20 gpd/100 sq. ft.

Public Park:

 (a) With toilets only: 5 gpd/person

 (b) With toilets and showers: 20 gpd/person

Public Swimming Pool Facility: 30 gpd/person

Recreational vehicle (RV) Park (seasonal use): 150 gpd/space

Restaurant:

 (a) Fast Food: 65 gpd/100 sq. ft.

 (b) Full Service: 100 gpd/100 sq. ft.

 (c) Take Out: 100 gpd/100 sq. ft.

Retail: 10 gpd/100 sq. ft.

School:

 (a) Day Care/Nursery (adults and children): 10 gpd/100 sq. ft.

 (b) Regular school: 12 gpd/100 sq. ft.

Self-service storage units: 1.5 gpd/100 sq. ft.

Shopping Center/Mall:

 Shell/Common Area: 10 gpd/100 sq. ft.

Spa: 20 gpd/100 sq. ft.

Sporting Facilities and Auditorium: 3 gpd/seat

Theater:

 (a) Indoor: 1 gpd/seat

 (b) Outdoor/Drive in: 5 gpd/space

Veterinarian Office: 20 gpd/100 sq. ft.

Warehouse/Speculation Bldg: 2 gpd/100 sq. ft.

Wholesale Food Preparation (including but not limited to meat markets and commissaries): 35 gpd/100 sq. ft.

(6)

Notwithstanding any provision of this Code, no County or municipal officer, agent, employee, or Board shall approve, grant or issue any building permit, certificate of use and occupancy, municipal occupational license, platting action (final plat, waiver of plat or equivalent municipal platting action) or zoning action (district boundary change, unusual use, use variance or equivalent municipal zoning action) for any nonresidential land use served or to be served by any liquid waste storage, disposal or treatment method other than utility sanitary sewers or any source of potable water supply other than a utility water main without obtaining the prior written approval of the Director or the Director's designee.

Furthermore, notwithstanding any provision of this Code, no person shall construct, utilize, operate, occupy or cause, allow, let, permit or suffer to be constructed, utilized, operated or occupied any nonresidential land use served by any liquid waste storage, disposal or treatment method other than public sanitary sewers or any source of potable water supply other than a public water main without obtaining the prior written approval of the Director or the Director's designee.

The Director or the Director's designee shall issue his written approval only if:

(a)

The Director or the Director's designee determines that the existing nonresidential land use for the property or the nonresidential land use for the property is a nonresidential land use served or to be served by a public water main and is not one (1) or more of the nonresidential land uses permitted under the following Miami-Dade County zoning classifications:

(i)

BU-1A (excluding those land uses permitted by BU-1),

(ii)

BU-2 (excluding those land uses permitted by BU-1),

(iii)

BU-3 (excluding those land uses permitted by BU-1),

(iv)

IU-1,

(v)

IU-2,

(vi)

IU-3,

(vii)

IU-C, or

(b)

The Director or the Director's designee determines that the existing nonresidential land use for the property or the nonresidential land use requested for the property is a nonresidential land use served or to be served by an on site domestic well system and is not an establishment primarily engaged in the handling of food and drink (except factory prepackaged products and food preparation facilities on agricultural properties which serve prepared food and drink on site), educational institutions, intermediate care facilities and health care facilities and is not one (1) or more of the nonresidential land uses permitted under the following Miami-Dade County zoning classifications:

(i)

BU-1A (excluding those land uses permitted by BU-1 except an establishment primarily engaged in the handling of food and drink (except factory prepackaged products), educational institutions, intermediate care facilities and health care facilities),

(ii)

BU-2 (excluding those land uses permitted by BU-1 except an establishment primarily engaged in the handling of food and drink (except factory prepackaged products), educational institutions, intermediate care facilities and health care facilities),

(iii)

BU-3 (excluding those land uses permitted by BU-1 except an establishment primarily engaged in the handling of food and drink (except factory prepackaged products), educational institutions, intermediate care facilities, and health care facilities),

(iv)

IU-1,

(v)

IU-2,

(vi)

IU-3,

(vii)

IU-C,

(viii)

Unusual uses (excluding lake excavation; concrete batching plant; concrete block plant; rock crushing and screening plant; filling of rock pits; rock quarries; radio and television towers and transmitting stations; trailers as watchman's quarters), or

(c)

The owner of the property submits to the Director or the Director's designee a covenant running with the land executed by the owner of the property in favor of Miami-Dade County which provides that prior to the approval, granting or issuance of any building permit, certificate of use and occupancy (except for changes in ownership) or municipal occupational license (except for changes in ownership) the property shall be connected to a public water main and a public sanitary sewer. Said covenants shall be in a form(s) prescribed by the Director and approved by the Board of County Commissioners. The covenant shall be recorded in the public records of Miami-Dade County, Florida, by the Department at the expense of the owner of the property, or

(d)

An application has been filed for certificate of use and occupancy or municipal occupational license for a land use served or to be served by a public water main and any liquid waste storage, disposal or treatment method approved prior to September 30, 1983, or, an application has been filed for a certificate of use and occupancy or municipal occupational license for a land use served or to be served by an on site domestic well system and any liquid waste storage, disposal or treatment method other than public sanitary sewers approved prior to June 13, 1986, or

(e)

The Director or the Director's designee determines that the property is served or to be served by a public water main and is served or to be served by any liquid waste storage, disposal or treatment method other than public sanitary sewers, is in compliance with Sections 24-43.1(4)(a) and (b), and that the existing nonresidential land use for the property or the nonresidential land use requested for the property is one (1) or more of the nonresidential land uses permitted under the Miami-Dade County zoning classifications set forth in Sections 24-43.1(6)(a)(i), (ii), or (iii) above, and the owner of the property has executed a covenant running with the land in favor of Miami-Dade County which provides that the property shall only be used for those nonresidential uses permitted under Miami-Dade County zoning classification BU-1 until such time as the property is connected to public sanitary sewers. Said covenants shall be in a form(s) prescribed by the Director and approved by the Board of County Commissioners. The covenants shall be recorded in the public records of Miami-Dade County, Florida by the Department at the expense of the owner of the property, or

(f)

The Director or the Director's designee determines that the property is served or is to be served by an on site domestic well system and is served or to be served by any liquid waste storage, disposal or treatment method other than public sanitary sewers, is in compliance with Sections 24-43.1(4)(a), (b) and (c), and that the existing nonresidential land use for the property or the nonresidential land use requested for the property is one (1) or more of the nonresidential land uses permitted under the Miami-Dade County zoning classifications set forth in Sections 24-43.1(6)(b)(i), (ii), or (iii) above, and the owner of the property has executed a covenant running with the land in favor of Miami-Dade County which provides that the property shall only be used for those nonresidential uses permitted under Miami-Dade County zoning classification BU-1 (excluding establishments primarily engaged in the handling of food and drink, except factory prepackaged products, educational institutions, intermediate care facilities and health care facilities) until such time as the property is connected to a public water main and a public sanitary sewer. Said covenants shall be in a form(s) prescribed by the Director and approved by the Board of County Commissioners. The covenants shall be recorded in the public records of Miami-Dade County, Florida, by the Department at the expense of the owner of the property, or

(g)

The Director or the Director's designee determines that no portion of the property is located within the Northwest Wellfield protection area or within the West Interim Wellfield protection area or within the maximum day wellfield protection area of the Alexander Orr Wellfield, Snapper Creek Wellfield, Southwest Wellfield, Miami Springs Lower Wellfield, Miami Springs Upper Wellfield, John E. Preston Wellfield, or Hialeah Wellfield, or within the outer wellfield protection zone of the South Miami Heights Wellfield Complex, or within the basic wellfield protection area of any utility potable water supply well, that the owner of the property is applying for a land use prohibited by Section 24-43.1(6)(a) above, and:

(i)

That extension of utility sanitary sewers to serve the property from the nearest available point of connection to an available utility sanitary sewer is not within a feasible distance, and

(ii)

That more than fifty (50) percent of an area, consisting of a minimum of one-quarter (¼) mile square extending a minimum of one-eighth ( 1/8 ) of a mile radially from the perimeter of the property, contains land uses served by septic tank(s) and public water, and

(iii)

That the property complies with Sections 24-43.1(4)(a) and (b), and

(iv)

That if the nonresidential land use will handle, use, or store hazardous materials on the property then the water pollution prevention and abatement measures and practices set forth in Sections 24-43(5)(c) (i), (ii), (iii), (iv), and (v) of this Code shall be provided. Said water pollution prevention and abatement measures and practices shall be subject to the approval of the Director or the Director's designee, and

(v)

That the owner of the property submits to the Director or the Director's designee a covenant running with the land executed by the owner of the property in favor of Miami-Dade County which sets forth the nonresidential land uses to be allowed on the property served by septic tank(s). Said covenant shall only include the nonresidential land uses permitted by the existing Miami-Dade County or municipal zoning classification for the property or permitted by the Miami-Dade County or municipal zoning classification requested by the owner of the property and which are determined by the Director or the Director's designee to generate, dispose of, discharge, or store only domestic sewage discharged into a septic tank and not to generate, dispose of, discharge, or store any other liquid waste except storm water or water used within a self-contained water recycling car wash facility, provided said facility does not backwash the recycling filters.

Said covenants shall be in a form(s) prescribed by the Director and approved by the Board of County Commissioners. The covenants shall be recorded by the Department at the expense of the owner of the property, and

(vi)

That the property is served or is to be served by a public water supply, or

(h)

The Director or the Director's designee determines that no portion of the property is located within the Northwest Wellfield protection area or within the West Wellfield Interim protection area or within the maximum day wellfield protection area of the Alexander Orr Wellfield, Snapper Creek Wellfield, Southwest Wellfield, Miami Springs Lower Wellfield, Miami Springs Upper Wellfield, John E. Preston Wellfield or Hialeah Wellfield or within the outer wellfield protection zone of the South Miami Heights Wellfield Complex or within the basic wellfield protection area of any public utility potable water supply well, that the owner of the property is applying for a land use prohibited by Section 24-43.1(6)(b)(i), (ii), and (iii) above, and:

(i)

That extension of a public water main and public sanitary sewer(s) to serve the property from the nearest available point of connection to an available public water main and public sanitary sewers is not within a feasible distance for public water mains and public sanitary sewers.

(ii)

That the property complies with Sections 24-43.1(4)(a), (b) and (c), and 24-43.1(6)(g)(v), and 24-43.2(1).

(iii)

That the nonresidential land use will not use, generate, handle, dispose of, discharge or store hazardous materials on the property.

(iv)

That the nonresidential land use(s) will not have an adverse environmental impact on groundwater quality within the property.

In determining whether a land use does not or will not have an adverse environmental impact on the groundwater quality within the property, the Director or the Director's designee shall consider the following factors:

1.

The land use will not be detrimental to the public health, welfare and safety and will not create a nuisance and will not materially increase the level of water pollution within the property;

2.

The use, generation, handling, disposal of, discharge or storage of hazardous materials will not occur on the property;

3.

The only liquid waste (excluding stormwater) which will be generated, disposed of, discharged, or stored on the property shall be domestic sewage discharged to a public sanitary sewer or septic tank;

4.

Stormwater runoff shall be retained on the property and disposed of through infiltration drainage systems supplemented with seepage drainage systems, or

(i)

The Director or the Director's designee determines that no portion of the property is located within the Northwest Wellfield protection area or within the West Wellfield Interim protection area or within the maximum day wellfield protection area of the Alexander Orr Wellfield, Snapper Creek Wellfield, Southwest Wellfield, Miami Springs Lower Wellfield, Miami Springs Upper Wellfield, John E. Preston Wellfield or Hialeah Wellfield or within the outer wellfield protection zone of the South Miami Heights Wellfield Complex or within the basic wellfield protection area of any public utility potable water supply well, that the property is located within the boundaries of a sanitary sewer improvement district approved by the Board of County Commissioners or a municipal governing body, that the owner of the property is applying for a land use prohibited by subsection Section 24-43.1(6)(a) above, and

(i)

That the property is served or will be served by a public water supply, and

(ii)

That the property complies with the requirements of Section 24-43.1(4)(b), and

(iii)

That if the nonresidential land use will generate, handle, store or use hazardous waste on the property then the water pollution prevention and abatement measures and practices listed below shall be provided. Said water pollution prevention and abatement measures and practices shall be subject to the approval of the Director or the Director's designee.

1.

Monitoring of groundwater, and

2.

Secondary containment of hazardous wastes stored on the property, and

3.

Disposal of hazardous wastes by a liquid waste transporter with a valid liquid waste transporters operating permit issued by the Director, and

4.

Inventory control and recordkeeping of hazardous wastes generated or stored on the property, and

5.

Stormwater management.

(iv)

That if the nonresidential land use will generate, handle, use or store liquid wastes (excluding hazardous wastes and domestic sewage) on the property then the best management practices listed below shall be provided. Said best management practices shall be subject to the approval of the Director or the Director's designee.

1.

Disposal of liquid wastes, other than domestic sewage, by a liquid waste transporter with a valid liquid waste transporter operating permit issued by the Director, and

2.

Inventory control and record keeping of liquid wastes, other than domestic sewage, generated and stored on the property.

(j)

The Director or the Director's designee determines that the property is located within the maximum day wellfield protection area of the Alexander Orr Wellfield, Snapper Creek Wellfield, Southwest Wellfield, Miami Springs Lower Wellfield, Miami Springs Upper Wellfield, John E. Preston Wellfield, or Hialeah Wellfield, or within the outer wellfield protection zone of the South Miami Heights Wellfield Complex, or within the basic wellfield protection area of any utility potable water supply well, that the property is located within the boundaries of a sanitary sewer improvement district approved by the Board of County Commissioners or a municipal governing body, that the owner of the property is applying for a land use prohibited by Section 24-43.1(6)(a) above, and

(i)

That the property is served or is to be served by a utility water supply, and

(ii)

That the property complies with Section 24-43.1(4)(b), and

(iii)

That the property complies with the requirements of Sections 24-43(5)(a), (b), (c), (d), (e), and (f)

(iv)

That if the nonresidential land use will handle, generate, store, or dispose of liquid wastes (excluding hazardous wastes), other than domestic sewage discharged to a septic tank, on the property, then the following best management practices shall be provided:

1.

Monitoring of groundwater, and

2.

Secondary containment of liquid wastes stored on the property, and

3.

Disposal of liquid wastes by a liquid waste transporter with a valid liquid waste transporter operating permit issued by the Director, and

4.

Inventory control and recordkeeping of liquid wastes other than domestic sewage discharged to a septic tank, and

5.

Stormwater management.

Said best management practices shall be subject to the approval of the Director or the Director's designee, and

(7)

Notwithstanding any provision of this code, when an approved public gravity sanitary sewer or approved sanitary sewer force main is available and operative in a public right-of-way or easement abutting the property, the use of any liquid waste storage, disposal or treatment methods shall cease within ninety (90) days of the date the Director or the Director's designee determines that the approved public sanitary sewer is available and operative. Thereafter, all liquid wastes that are generated, handled, disposed of, discharged or stored on the property shall be discharged to an approved and operative gravity sanitary sewer or approved sanitary sewer force main except those liquid wastes, other than domestic sewage, that are permitted by this chapter to be generated, handled, treated or stored on the property. Notwithstanding the foregoing, graywater may, at the option of the property owner, be discharged to a graywater disposal system approved by the Director or the Director's designee.

Available, when used in Section 24-43.1(7) shall mean the following:

(a)

Single Family Residence and Duplex: A public gravity sewer shall be considered available if it is located within any portion of any public right-of-way or easement abutting the property, but not on the opposite side of a roadway divided by a raised median or on the opposite side of a roadway which has four (4) lanes or more. A public force main is not considered available.

(b)

Residential, other than Single Family Residence or Duplex:

(i)

For properties complying with the sewage loading provisions of Section 24-43.1(3) using the sewage flows set forth in Section 24-43.1(5) and with sewage flow less than or equal to 1,000 gallons per day (gpd) calculated using unit rates in Chapter 64E-6, Florida Administrative Code, as may be amended from time to time, a public gravity sewer shall be considered available if it is located within any portion of any public right-of-way or easement abutting the property, but not on the opposite side of a roadway divided by a raised median or on the opposite side of a roadway which has four (4) lanes or more. A public force main shall not be considered available.

(ii)

For properties not complying with the sewage loading provisions of Section 24-43.1(3) using the sewage flows set forth in Section 24-43.1(5) or with a sewage flow greater than 1,000 gallons per day (gpd) calculated using unit rates in Chapter 64E-6, Florida Administrative Code, as may be amended from time to time, a public gravity sewer or a public force main shall be considered available if it is located within any portion of any public right-of-way or easement abutting the property.

(c)

Non-residential land uses that generate only domestic sewage: (including residential with mixed use):

(i)

For properties complying with the sewage loading provisions of Section 24-43.1(4)(b) using the sewage flows set forth in Section 24-43.1(5) and with sewage flow less than or equal to 1,000 gallons per day (gpd) calculated using unit rates in Chapter 64E-6, Florida Administrative Code, as may be amended from time to time, a public gravity sewer shall be considered available if it is located within any portion of any public right-of-way or easement abutting the property, but not on the opposite side of a roadway divided by a raised median or on the opposite side of a roadway which has four (4) lanes or more. A public force main shall not be considered available.

(ii)

For properties not complying with the sewage loading provisions of Section 24-43.1(4)(b) using the sewage flows set forth in Section 24-43.1(5) or with a sewage flow greater than 1,000 gallons per day (gpd) calculated using unit rates in Chapter 64E-6, Florida Administrative Code, as may be amended from time to time, a public gravity sewer or a public force main shall be considered available if it is located within any portion of any public right-of-way or easement abutting the property.

(d)

Any use that generates a liquid waste other than domestic sewage: A public gravity sewer or public force main sewer shall be considered available if it is located within any portion of any public right-of-way or easement abutting the property.

(e)

Any non-residential land use located within the basic wellfield protection area of any public utility potable water supply well: A public gravity sewer or public force main sewer shall be considered available if it is located within any portion of any public right-of-way or easement abutting the property.

(8)

Reserved.

(9)

Interim sewage treatment plants which serve any property within one-quarter (¼) mile from a public sanitary sewer which ultimately discharges to a regional sewage treatment plant of the Miami-Dade Water and Sewer Department shall cease operation when the aforesaid public sanitary sewer is made operable and available. The sewage flowing to the aforesaid interim sewage treatment plants shall be diverted and transmitted to public sanitary sewers for ultimate discharge to a regional sewage treatment plant of the Miami-Dade Water and Sewer Department. Private interim sewage treatment plants shall cease to operate within six (6) months from the date the said public sanitary sewer is made operable and available. Public interim sewage treatment plants operated by a utility shall cease to operate within two (2) years from the date the said public sanitary sewer is made operable and available. The aforesaid one-quarter (¼) mile distance shall be measured from the closest point of any of the properties served by the aforesaid interim sewage treatment plants and the nearest available point of connection within a public right of way or public easement to the aforesaid public sanitary sewer.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 06-125, § 4, 9-12-06; Ord. No. 08-55, § 2, 5-6-08; Ord. No. 11-47, § 1, 7-7-11; Ord. No. 14-47, § 1, 5-6-14; Ord. No. 14-48, § 1, 5-6-14; Ord. No. 15-25, § 3, 4-21-15; Ord. No. 18-50, § 1, 5-1-18)