Rule 62-6.003. Permits and Inspections

(1) System Construction Permit. A person may not construct, repair, modify, or abandon an onsite sewage treatment and disposal system without first obtaining a system construction permit approved in accordance with this chapter. The Department issues the system construction permit on Form DEP 4016, effective date 07-09-2025, Construction Permit and Inspection, herein adopted and incorporated by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-18173. Copies of this document are available as provided in subsection (7) below.

(a) Amended System Construction Permit. The Department shall only require the permittee to conform to new or additional permit conditions for good cause and after notice and, if requested, an administrative hearing pursuant to section 120.57, F.S. The Department shall allow the permittee time to conform to the new or additional conditions by extending the expiration date of any amended system construction permit by 180 days and any amended repair system construction permit by 90 days from the prior expiration date.

(b) For the purpose of this paragraph, good cause shall include any of the following:

1. A showing of any change or difference in the environment, including site conditions, or surrounding conditions that requires a revision to conform to applicable requirements pursuant to this chapter.

2. Adoption or revision of statutes, rules, or standards, which require the revision of a permit condition for compliance.

3. A showing that there are material and substantial alterations or additions to the permitted onsite sewage treatment and disposal system, which occurred after permit issuance which justify the application of permit conditions that are different in or absent from the existing permit.

4. The Department’s receipt of new information which was not available at the time of permit issuance and would have justified the application of different permit conditions at the time of issuance.

5. A showing that there is a technical mistake in a permit condition which needs to be corrected.

(c) If amendments to a system construction permit are made at an applicant’s request, the applicant must pay a permit application amendment fee.

(d) 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 not be charged for a repair system construction permit issued within 12 months from the date of final installation approval of the onsite sewage treatment and disposal system.

(e) If a system construction permit for an onsite sewage treatment and disposal system is transferred to another person the date of the system construction permit shall not be amended, but shall run from the date of original issuance prior to the transfer. Rule 62-6.002, F.A.C., defines what is and what is not considered a repair. All repairs require a system construction permit.

(2) Construction Inspection. Before sealing manhole covers or covering with fill material, a person installing, repairing, modifying, replacing, abandoning, or constructing any portion of an onsite sewage treatment and disposal system must notify the Department or an authorized private provider inspector to schedule and complete a construction inspection. The construction inspection must meet the following requirements:

(a) The construction inspection must be performed onsite in person by an individual qualified to perform an inspection of the system in accordance with statutory and rule requirements.

(b) The construction inspection results must be recorded on Part 2 of Form DEP 4016, herein adopted and incorporated by reference in subsection 62-6.003(1), F.A.C. Copies of this document are available as provided in subsection (7) below. A separate inspection form is required for each site visit to assess and record conditions of the system construction at the time of inspection.

(c) At each construction inspection, the inspector must assess and record all items listed on the inspection form and must document the observations and status on the day and time of the inspection. A construction inspection is not complete unless, during the inspection, each item on the inspection form is observed and the condition of the system is recorded.

(d) The construction inspection must confirm compliance with the appropriate statutory and regulatory requirements, this chapter and the information on the system construction permit.

(e) The inspector must document the inspection with photographs of the system being inspected, which shall include information about time and location of the photograph through electronic metadata or included in the notes of the report. A minimum of one photograph should clearly depict the overall layout of the system in relation to the associated structure, including the system's placement and orientation. Such photographs must show an overview of the system installation relative to the structure, the number of drainlines, and extent of drainfield. Any components or aspects of the installation that do not meet regulatory standards must be documented with detailed photographs highlighting the specific areas of concern. Photographs must be in an acceptable digital format (JPEG or PNG) and submitted electronically along with the inspection report.

(f) All construction inspections for a system construction permit must be performed before the system construction permit expires, including any authorized extension. If the construction inspections are not completed prior to the system construction permit expiration, a construction permit application must be resubmitted for review and issuance from the Department on Form DEP 4016, herein adopted and incorporated by reference in subsection 62-6.003(1), F.A.C., which is available as provided in subsection (7) below.

(g) If the observed portion of the system construction is approved after an inspection by the Department or private provider inspector, the Department or private provider inspector must notify the installer of the inspection results recorded on the inspection form, Part 2 of Form DEP 4016, herein adopted and incorporated by reference in subsection 62-6.003(1), F.A.C., by providing a copy of all the inspection forms involved in inspecting the system. Part 2 of Form DEP 4016 is available as provided in subsection (7) below. The inspection form, Part 2 of Form DEP 4016, must record the items that are in compliance, the items that are not applicable for the particular system construction permit involved, the items that were unobserved and need to be addressed before a final installation approval, and specify which inspection items were out of compliance and must be addressed before a final installation approval will be granted by the Department.

(h) When the Department or private provider inspector disapproves the inspected portion of the system construction due to noncompliance, the inspector must record the disapproval and notify the installer of the inspection results by providing a copy of the disapproved inspection report, documented on the inspection form (Part 2 of Form DEP 4016), which is adopted and incorporated by reference in subsection 62-6.003(1), F.A.C., and is available as outlined in subsection (7) below. The disapproved inspection report on Part 2 of Form DEP 4016 must list the items in compliance, the items not applicable to the specific system construction permit, the unobserved items requiring resolution before final installation approval, and the inspection items found which are out of compliance. The report must also specify the corrective actions needed for final installation approval by the Department. Upon disapproval, the following actions are required to address the noncompliant items:

1. The installer shall make all required corrections and notify the Department or private provider inspector conducting the inspection of the completion of the work prior to the required reinspection of the system. A reinspection fee shall be charged to the installer for each additional Department inspection conducted until the final installation approval is issued by the Department.

2. If the inspection records identify a need for a permit amendment per subsection 62-6.003(1), F.A.C., the system construction inspection must be disapproved. The Department will notify the applicant or authorized agent listed on Form DEP 4016, herein adopted and incorporated by reference in subsection 62-6.003(1), F.A.C., when the Department re-issues or denies the amended system construction permit.

(i) The Department will not grant final installation approval until the Department has confirmed that all requirements in statute, this chapter, and the system construction permit are met, including confirmation that the building construction and lot grading comply with the plans and specifications in the permit as issued. The Department will issue a final installation approval notice in writing to the applicant or authorized agent listed on Form DEP 4016, herein adopted and incorporated by reference in subsection 62-6.003(1), F.A.C., by providing a copy of the Department’s final installation approval recorded on Part 2 of Form DEP 4016. The following are required prior to final installation approval:

1. If subsection 62-6.004(4), F.A.C., and paragraph 62-6.009(7)(a), F.A.C., require the system to be designed by a Florida-licensed engineer, the Department requires the design engineer or their designee, who must also be a Florida-licensed engineer, to inspect the installed system and certify its compliance with the approved design and installation requirements. The certification must state: “I certify that the engineering features of this onsite sewage treatment and disposal system as installed have been examined by me and found to comply with all specifications contained in the engineering design that was the basis for issuance of the construction permit. I certify that the required components are installed for the system to function as permitted and designed. I certify that there is reasonable assurance, in my professional judgment, that the system, when properly operated and maintained, will comply with all applicable statutory requirements and rules of the Department.” Single-family residences are excluded from this requirement; however, performance-based treatment systems must comply with subsection 62-6.027(5), F.A.C., for all installations. The design engineer must approve all changes to the engineering specifications.

2. A reinspection fee is required for each system construction inspection performed by the Department prior to the Department granting final installation approval.

3. When an operating permit is required for the onsite sewage treatment and disposal system, the final installation approval shall not be granted until the operating permit application, a copy of any maintenance agreement required pursuant to this chapter, and fee have been received by the Department.

4. The written notice by the property owner that confirms the execution and recording of the notice in the public property records at the county courthouse which informs subsequent property owners as required by paragraphs 62-6.009(7)(g) and 62-6.027(5)(d), F.A.C., or a recorded easement complying with these requirements.

5. Pumpout receipts for abandonments of tanks as required by paragraph 62-6.011(2)(b), F.A.C.

6. Other documentation, bills of lading or invoices required by rule, permit or product approval.

(j) Where an establishment is serviced by an onsite sewage treatment and disposal system, subsection 381.0065(4), F.S., governs when occupancy of a building can be allowed. The Department must first authorize and issue a final installation approval notice before a system can be placed into service or a building occupied. “Approved” or “approval” of installation does not imply that a system will perform satisfactorily for a specific period of time.

(3) Construction Inspection by a Private Provider Inspector. A private provider inspector must physically inspect and evaluate the installation of an onsite sewage treatment and disposal system to determine compliance with statutory requirements, this chapter, and the system construction permit. This responsibility begins when the inspector receives authorization from the owner or an authorized contractor under paragraph 381.0065(8)(d), F.S., and notice from the installer that the system is ready for inspection. The private provider inspector must also obtain a complete copy of the approved system construction permit and applicable application documents. All construction iInspections must comply with the requirements of subsection 62-6.003(2), F.A.C., and the following:

(a) Authorization requirement. The owner’s written acknowledgement electing to use a private provider inspector must be completed using Form DEP 4015A, effective date 07-09-2025, Property Owner’s Notice Authorizing Private Provider Inspector, herein adopted and incorporated by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-18172. Copies of this document are available as provided in subsection (7) below. An owner or an authorized contractor’s use of a private provider inspector is subject to the following requirements:

1. The owner or an authorized contractor or their agent must submit Form DEP 4015A to the Department at the time of the permit application or by 2 p.m. local time, two business days before the first scheduled inspection by the Department. Form DEP 4015A, including the owner’s written acknowledgment, must be signed, dated, and submitted to the Department prior to the first inspection performed by the private provider inspector. The private provider inspector must confirm that Form DEP 4015A is effective and timely submitted to the Department.

2. If an owner or authorized contractor makes any changes to the listed private provider inspector or the service to be performed by the private provider inspector, or requests that the Department perform the system construction inspection, the owner or authorized contractor must update and submit to the Department an amended Form DEP 4015A within one business day after the change.

(b) Submittal of inspection reports and fees.

1. The private provider inspector must complete an inspection report on Part 2 of Form DEP 4016, herein adopted and incorporated by reference in subsection 62-6.003(1), F.A.C., for each construction inspection and provide all completed inspection reports and records to the owner or authorized contractor and the Department by end of the seventh calendar day after completion of each construction inspection.

2. Private provider inspectors must submit their inspection reports electronically through the Department's specified portal. The Department cannot accept private provider inspections performed by individuals who do not meet the requirements of subsection 381.0065(8), F.S.

3. Private provider inspections must be conducted by a private provider inspector meeting the requirements of subsection 381.0065(8), F.S.

4. All reports and records must bear the written or electronic signature of the private provider inspector who performed the inspection. If subsequent inspections are performed by a different private provider inspector, each private provider inspector must obtain all previous construction inspection reports and records from the owner or authorized contractor for auditing purposes by the Department and for use in completion of the system construction inspection. All inspection reports and records submitted by a private provider inspector qualified pursuant to subparagraph 381.0065(8)(c)4., F.S., must also be signed, dated, and sealed by the engineer supervising that private provider inspector.

5. Payment of an inspection report review fee is required for the review and processing of each private provider inspector report that results in a construction approval.

(c) Documents required for final installation approval from the Department. The owner, or authorized contractor, or their agent, and the private provider inspector must submit the documentation required by paragraph 62-6.003(2)(i), F.A.C., as applicable, for Department review. The Department shall not grant final installation approval until the Department reviews the documentation submitted and confirms compliance with the requirements of this chapter and the system construction permit.

(d) The private provider inspector must retain all records for each inspection and all supporting documentation for a minimum of three years from the date of the inspection. These documents must be maintained in hardcopy or electronic format and provided to the Department or property owner upon request.

(4) Voiding a permit – After an onsite sewage treatment and disposal system has received final installation approval from the Department, if the building is modified in such a way that a larger system would be required, if any portion of the required drainfield unobstructed area is covered by impervious material, if the property is subdivided into a smaller lot or lots whereby the permitted system would not have been originally approved, if a well is installed on the property which violates the setbacks to the approved system, or if the system is improperly modified or damaged, the Department shall undertake administrative action to revoke the permit. The Department shall prohibit the further or continued use of a system when the permit has become void by injunction or other procedure authorized by law.

(5) Operating Permits. No business or facility shall occupy a building served by an onsite sewage treatment and disposal system if the building is located in an area zoned or used for industrial or manufacturing purposes or its equivalent; or where a business will generate commercial sewage waste; and no structure shall be occupied where an aerobic treatment unit or performance-based treatment system is used until an “Application for Onsite Sewage Treatment and Disposal System Operating Permit” and appropriate fee has been received and approved by the Department. Applications shall be submitted using Form DEP 4081, effective date 07-09-2025, “Application for Onsite Sewage Treatment and Disposal System Operating Permit,” herein adopted and incorporated by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-18174.

(a) Property owners or their authorized agents are required to obtain an annual operating permit for systems located in an area zoned or used for industrial or manufacturing purposes or its equivalent or where a business will generate commercial sewage waste, subject to all of the following:

1. The annual operating permit must designate:

a. The person or entity responsible for the operation and maintenance of the system.

b. The type of activity proposed on the site.

c. Persons or businesses which will use the system.

d. Equipment and types and quantities of chemical compounds which will be used by the building occupants which are likely to be discharged into the onsite sewage treatment and disposal system.

2. At a minimum, the owner or person responsible for maintenance of the system must test, or cause to be tested, the onsite sewage treatment and disposal system effluent in a qualitative and quantitative manner for any chemical compounds associated with the particular industrial or manufacturing operations conducted in that establishment, as directed by the Department. The frequency of testing shall be specified on the annual operating permit.

(b) Operating permits are not transferable. If the owner of the system remains the same but the tenancy of the building changes, Form DEP 4081A, effective date 07-09-2025, Business Survey, herein adopted and incorporated by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-18175 must be completed and submitted to the Department for review. Changes in building occupancy shall be reviewed per subsection 381.0065(4), F.S.

(c) Property owners or their authorized agents are required to obtain a biennial operating permit from the Department for aerobic treatment systems and performance-based treatment systems. Persons operating an aerobic treatment unit or 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. Persons required to obtain an annual operating permit for an onsite sewage treatment and disposal system in an industrial or manufacturing zone or its equivalent, or where the system receives commercial sewage, shall not be required to obtain another operating permit for an aerobic treatment unit or performance-based treatment system at that site. Performance-based treatment systems that also include an aerobic treatment unit require only one biennial operating permit for the system.

(d) The Department shall inspect onsite sewage treatment and disposal systems which are required to have an annual or biennial operating permit and the structures which they serve at least once per year during the term of the permit to determine compliance with the terms of the operating permit.

(6) Expired Permits. Any new construction, repair, or modification permit issued by the Department, that has received construction approval within the previous five years but has not received final installation approval may be approved provided all of the following conditions are met:

(a) The applicant or agent provides a written statement that there have been no changes in application or site conditions from the original permit. The statement must specifically address any changes on adjacent lots.

(b) A site re-evaluation confirms that site conditions have not changed sufficiently to place the system in violation of the rules under which it was permitted and received construction approval.

(c) Fees for a new construction permit and the research/training surcharge are paid. A site re-evaluation fee is paid, if applicable. A new permit shall be issued under the rules under which the original permit was issued.

(d) One or more construction inspections are performed showing compliance with all rules under which the original permit was issued. If applicable, a system re-inspection fee is paid.

(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), 381.0065(3)(c), 381.0065(8)(h), 403.061, 489.553(3), 489.557(1) FS. Law Implemented 381.0065, 381.0067, 386.041 FS. History–New 12-22-82, Amended 2-5-85, Formerly 10D-6.43, Amended 3-17-92, 1-3-95, 5-14-96, 2-13-97, Formerly 10D-6.043, Amended 3-22-00, 4-21-02, 5-24-04, 11-26-06, 6-25-09, 4-1-10, 4-28-10, 7-16-13, Formerly 64E-6.003, Amended 7-9-25.