Miami Dade County Onsite Sewage Treatment and Disposal Systems Ordinance Update

In an effort to mitigate the environmental impacts associated with sewage in our ground water and soil Miami Dade County DERM have updated the ordinance regarding septic tank systems. Below is the plan of action starting in 2023:

  • Amends Sec 24-15 requiring minimum plan approval standards

  • Creating Sec 24-42.7, providing requirements for new and replacement Onsite Sewage Treatment and Disposal Systems (OSTDS).

  • On and after January 1, 2023, it shall be unlawful for any person to install a new onsite sewage treatment and disposal system (OSTDS) without first obtaining the prior written approval of the Director pursuant to section 24-42.7.

  • On and after January 1, 2023 no building permit or equivalent approval having the effect of approving a new OSTDS or replacement of an entire existing OSTDS shall be issued by the County or any municipality without first obtaining the prior written approval of the Director pursuant to section 24-42.7.

  • Starting January 1, 2023 all new building applications that propose a new septic system or a complete replacement of an existing system, will require RER-DERM review and approval.

  • Applicants with building applications that propose a new OSTDS or a complete replacement of an OSTDS and have not obtained permit approval from the Florida Department of Environmental Protection by January 1, 2023 will be required to submit revised plans that comply with the requirements of ordinance 22-83, for RER-DERM review and approval.

Section. 24-42.7 - Types of OSTDS

  • Type of system is based on land use and criteria to protect groundwater and surface waters.

  • Four (4) types of OSTDS’s contemplated

Type 1 - Conventional

Type 2 - Secondary Treatment Standards

Type 3 - Advanced Secondary Treatment Standards

Type 4 - Florida Keys Nutrient Reduction Treatment Standards

General Requirements Applicable to all new OSTDS or complete replacement of existing OSTDS:

  • Each OSTDS, including the reserve area, shall be located bot less than 100ft from any surface water body.

  • For new developments, where public water is not available, each OSTDS, including the reserve area, shall be located no less than 50 feet from all property lines.

  • The bottom of the drainfield or other disposal system shall be designed and installed no less than 36 inches above the wet season high water table as of the date of approval pursuant to this section.

Criteria for System Type Determination

- Type 2 OSTDS criteria:

  • Single family homes or duplexes

  • Generating less than 500 gallons per day

  • Sewage loading less than 500 gallons per acre

  • At least 1,000 feet of separation from surface water body

  • Residence is served by public potable water supply and not within a wellfield protection area.

-Type 3 OSTDS Criteria

  • Multifamily and other uses that don’t generate more than 1,000 gallons per day of wastewater at a rate of less than 500 gallons per acre.

  • Single family and duplexes uses that don’t meet type 2 criteria.

  • At least 1,000 feet of separation from surface water body.

  • Property is served by public potable water supply and not within a wellfield protection area.

- Type 4 OSTDS criteria

  • All uses that don’t meet type 2 and type 3 criteria.