§ 74-1. Regulation of type of on-site sewage treatment and disposal systems in coastal zones.

(a)

As of September 1, 2003, there shall be no permits for new on-site sewage treatment and disposal systems issued by the county health department in the area designated by the map entitled Boundary Map Coastal Protection Zone which is attached to Ordinance Number 2004-05 as Exhibit "A," and legal description which is attached to Ordinance Number 2004-05 as Exhibit "B," which exhibits are incorporated herein by this reference and form integral parts hereof, except permits for systems that meet the requirements set forth in section. Permits may be issued by the county health department in the designated area for advanced secondary treatment performance based systems that meet the definition of such systems contained in Chapter 64E-6, Florida Administrative Code, as such chapter may be amended from time to time (any such advanced secondary treatment performance based system shall be referred to herein as an "AST system). Any AST system shall be constructed in accordance with the requirements of Chapter 64E-6, Florida Administrative Code, as the same may be amended, for such AST system, except as otherwise provided herein. Drain field size, setbacks, and sewage flow allowances for any AST system shall meet the requirements for drain field size, setbacks, and sewage flow allowances for a standard anaerobic on-site sewage disposal and treatment system contained in Chapter 64E-6, Florida Administrative Code, and shall not be permitted any reduction in drain field size or setbacks or any increase in sewage flow allowances that otherwise may be permitted under certain circumstances pursuant to Chapter 64E-6, Florida Administrative Code, for an AST system. In addition, the construction of any AST system shall meet any other applicable requirements of the Levy County Code. In the event of any conflict between the requirements of this Code and any applicable regulation governing construction or placement of an AST system, the more restrictive shall apply.

(b)

As of September 1, 2003, any existing conventional on-site sewage treatment and disposal system which fails may only be replaced by an advanced secondary treatment performance based system, as such system is defined in Chapter 64E-6, Florida Administrative Code, and only in accordance with the requirements of such Chapter 64E-6, as the same may be amended, and this section.

(c)

Any owner of an AST system in the area designated on Exhibits "A" and "B" shall perform an annual routine monitoring of the AST system for detection of nutrient reduction and bacteriological analysis. In order to perform such required monitoring, the owner shall provide a sample from the owner's AST system, at the owner's expense, collected by an individual or entity licensed and certified to collect such sample, that will be sufficient to show nutrient and bacteria levels for the AST system. The sample shall be delivered to the county health department for testing. The owner shall pay the applicable county health department fee for the testing. In the event the testing of the sample indicates that maintenance or repair to the AST system is required to retain proper nutrient or bacteria levels for the AST system, the owner shall perform such maintenance or repair promptly.

(d)

A modification permit may be issued by the county health department for a properly existing standard anaerobic on-site sewage treatment and disposal system, without the need for the installation of an AST system; provided that the existing standard anaerobic on-site sewage treatment and disposal system is properly operating at the time of application for the modification permit, that such system was properly installed in accordance with the requirements of all applicable permits at the time of installation, that the property improvements giving rise to the need for such modification actually require the modification proposed, that the modification entails only an increase in the drain field for the system, and that the modification does not entail the installation of a new tank for the system. In the event any proposed modification to a standard anaerobic on-site sewage treatment and disposal system would entail the installation of a new tank for such system, such modification shall require the installation of an AST system in accordance with the provisions of this section.

(Ord. No. 2003-11, §§ 1, 2, 8-19-2003; Ord. No. 2004-05, § 1, 11-16-2004)

Note— Copies of Exhibits "A" and "B" can be found in the county office.