Fla. Admin. Code R. 62-6.0101

Current through Reg. 50, No. 244; December 17, 2024
Section 62-6.0101 - Portable Restrooms and Portable or Stationary Holding Tanks
(1) Persons servicing portable restrooms, portable hand washing facilities and portable or stationary holding tanks shall obtain an annual permit on Form DEP 4013 from the Department for the county in which the service company has an office or storage yard. The service company need not be permitted in neighboring counties in which the service company operates but does not have an office or storage yard. Service persons shall carry proof of possession of a current annual operating permit and vehicle inspection for review by Department personnel in neighboring counties. Permits issued under this rule authorize the disposal service to handle liquid waste associated with portable restrooms, portable hand washing facilities, restroom trailers, shower trailers and portable or stationary holding tanks containing domestic wastewater produced in the State of Florida.
(2) Application for a service permit must be made to the Department on Form DEP 4012, effective date 06-21-2022, "Application for Septage Disposal Service Permit, Temporary System Service Permit, Septic Tank Manufacturing Approval", adopted and incorporated by reference in subsection 62-6.010(2), F.A.C., at https://www.flrules.org/Gateway/reference.asp?No=Ref-14364 and is available as provided in subsection (8) below. Any change to the permit conditions will require a permit amendment using Form DEP 4012. Adding storage tanks to hold the liquid waste associated with portable restrooms, portable hand washing facilities, restroom trailers, shower trailers and portable or stationary holding tanks containing domestic wastewater may be located at sites owned or leased by the service. The tanks must comply with the construction standards found in paragraph 62-6.010(2)(a), F.A.C. Where leased, a copy of the complete lease agreement must be provided as part of the application. The lease must provide for the final disposition of all tanks and designate the party to be held responsible for final disposition of any tank on a leased facility. Whenever locations or tanks are modified, added or removed, the applicant must amend their current service permit application using Form DEP 4012 and provide all current information to the department prior to any changes being made. All changes must be noted on an amended permit, which will not alter the issue or expiration date of the permit. All alterations must be inspected by the department at time of installation, as well as after removal of any tank. The following must be provided for the evaluation prior to issuance of a service permit:
(a) Evidence that the applicant possesses adequate equipment such as a tank truck, pumps, as well as other appurtenances and tools necessary to perform the work intended. Equipment may be placed into service only after it has been inspected and approved by the Department. Tanks used for the storage of portable or stationary holding tank waste and portable restroom waste must be constructed, sized, and operated in accordance with the provisions of subparagraphs 62-6.010(2)(a) 1. and 2., F.A.C.
(b) The proposed disposal method and the site to be used for disposing of the waste from portable restrooms or portable or stationary holding tanks.
(c) The contractor registration number and certificate of authorization number, if applicable.
(3) When a permit is issued, the number of said permit along with the name of the company, its phone number, and the gallon capacity of the waste storage tank shall be prominently and permanently displayed on the service truck in contrasting colors with 3 inch or larger letters. Use of removable magnetic signs shall not be considered permanent display of vehicle identification information.
(4) After waste is removed from a portable or stationary holding tank, the original cap or lid of the tank shall be put back in place, or be replaced with a new cap or lid if the original one is broken. Tank lids shall be completely sealed and secured as per paragraph 62-6.013(2)(i), F.A.C. The site shall be left in a nuisance-free condition.
(5) Waste from portable or stationary holding tanks or portable restrooms shall be transported to an approved treatment facility in such a manner as to preclude leakage, spillage or the creation of a sanitary nuisance.
(6) All portable restroom and portable or stationary holding tank waste haulers regulated by Chapter 62-6, F.A.C., are to maintain a collection and hauling log at the main business location which provides the information listed below. Records must be retained for five (5) years.
(a) Date of septage or waste collection;
(b) Estimated volume, in gallons, of waste transported;
(c) Location of the approved treatment facility;
(d) Date and time of discharge to the treatment facility;
(e) Acknowledgement from treatment facility of receipt of waste; and,
(f) The location and the installation or placement date of all portable holding tanks placed into service. When the Department requests to see the list of holding tank installation locations, only those locations within the Department's jurisdiction need to be provided.
(7) Portable Restrooms, Portable Holding Tanks, Stationary Holding Tanks, Mobile Restroom Trailers, Mobile Shower Trailers, and Portable Sinks.
(a) The Department shall allow, on a temporary basis, portable restrooms, mobile restrooms, mobile shower trailers, and portable or stationary holding tanks for fairs, carnivals, revivals, field locations, encampments and other locations which lack permanent structures where people congregate for short periods of time, provided the construction, maintenance, and utilization of such systems conform to the general provisions of this chapter. Portable restrooms, portable or stationary holding tanks or other restroom facilities shall be provided at commercial and residential building sites for the duration of construction any time workers are present, and shall not be bound by the definition of temporary. All required restroom facilities shall remain accessible whenever the intended users are present. Where the Department determines that no health hazard will result, portable restrooms, portable holding tanks, stationary holding tanks, mobile restroom trailers, mobile shower trailers, and portable sinks shall be permitted meeting setbacks that are 50% of the setback requirements of subsections 62-6.005(1) through (3), F.A.C., provided portable or stationary holding tanks shall be placed within secondary containment structures with a containment capacity of no less than 110% of the total waste capacity of the holding tank. For purposes of this rule, a holding tank is any sealed, water tight fixture for receiving and storing domestic wastewater from plumbing fixtures in remote locations or at building sites or special events. For purposes of this rule, a portable restroom is a transportable, self contained static or flush-type toilet constructed to promote a sanitary environment at remote locations, building sites or special events, comprised of at least a waste storage receptacle, a riser and toilet seat and a protective enclosure. Portable restrooms, mobile restrooms, and mobile shower trailers at building sites or at a location for a temporary period of time do not require a permit from the Department but must comply with the provisions of this rule. A construction permit (DEP 4016) shall be obtained before placing or installing any stationary holding tanks.
(b) The Department shall approve, for permanent use or placement, portable restrooms or stationary holding tanks at continually used locations where restroom facilities are desirable for the promotion of public health and where conventional facilities are neither available nor practical. Examples of such locations would be boat ramps, remote areas of golf courses, office or sales trailers, or other places where people congregate which meet the above criteria. A construction permit (DEP 4016) shall be obtained before placing or installing any portable restroom or stationary holding tank for permanent use. The portable restroom service company providing portable restrooms or stationary holding tanks shall be responsible for maintenance of the unit and removal if conventional facilities are made available.
(c) Portable restrooms shall be self-contained, have self closing doors and shall be designed and maintained so that insects are excluded from the waste container.
(d) Portable restroom service company operators shall use Table PR I to determine the required number of facilities for special events for use in situations where no local or state codes provide a minimum number of toilet facilities. Table PR I assumes that the portable restrooms are serviced only once per day. If the restrooms are serviced twice per day, the value from the table shall be divided by two. If they are pumped three or more times per day, the value shall be divided by three. All resulting fractional numbers of restrooms required shall be rounded up to the next higher whole number of restrooms. If permanent restroom facilities are available for use by the attendees, the number of portable restrooms may be reduced based on the number of attendees the permanent facilities are designed to accommodate. At least one working day prior to the special event, special event organizers shall provide to the Department a signed contract, or facsimile copy thereof, with the portable restroom service company specifying the dates the facilities will be on the event site, the number of restroom facilities to be provided, the servicing frequency and the removal date for the units.
(e) Table PR II shall be used to determine the number of required facilities at remote locations and commercial and residential building sites.
1. Table PR II assumes that the portable restrooms are serviced only once per week. If the restrooms are serviced twice per week, the value from the table shall be divided by two. If they are pumped three or more times per week, the value shall be divided by three. All resulting fractional numbers of restrooms required shall be rounded up to the next higher whole number of restrooms.
2. Where a contractor has multiple building sites, the individual sites shall be considered a single site for purpose of determining the number of facilities. Portable restrooms serving multiple individual building sites may be shared between sites provided they are no more than 300 feet from any individual building site served.
(f) Waste receptacles shall be watertight and made of non-absorbent, acid resistant, corrosion-resistant and easily cleanable material.
(g) The floors and interior walls shall have a non-absorbent finish and be easily cleanable.
(h) Portable restrooms shall be serviced at least weekly and the inside of the structure housing the storage compartment shall be cleaned on each service visit. The waste storage compartment shall be charged with a sanitizer-deodorizer solution prepared in accordance with the sanitizer-deodorizer manufacturer's instructions.
(i) Each portable restroom shall have listed in a conspicuous place the name and telephone number of the servicing company.
(j) Portable restrooms shall be maintained in a sanitary condition. Portable restrooms at special events shall be serviced at least daily.

TABLE PR I

NUMBER OF PORTABLE RESTROOMS REQUIRED FOR SPECIAL EVENTS (ASSUMES SERVICING ONCE PER DAY)

NUMBER OF PEOPLE PER DAY

NUMBER OF HOURS FOR EVENT PER DAY

1

2

3

4

5

6

7

8

9

10

250

2

2

2

2

2

3

3

3

3

3

500

2

3

4

4

4

4

4

4

4

4

1,000

4

5

6

7

7

8

8

8

8

8

2,000

6

10

12

13

14

14

14

15

15

15

3,000

9

14

17

19

20

21

21

21

21

22

4,000

12

19

23

25

28

28

28

30

30

30

5,000

15

23

30

32

34

36

36

36

36

36

6,000

17

28

34

38

40

42

42

42

44

44

7,000

20

32

40

44

46

48

50

50

50

50

8,000

23

38

46

50

54

57

57

58

58

58

9,000

26

42

52

56

60

62

62

62

64

64

10,000

30

46

57

63

66

70

70

72

72

72

12,500

36

58

72

80

84

88

88

88

88

92

15,000

44

70

84

96

100

105

105

110

110

110

17,500

50

80

100

110

115

120

125

125

126

126

20,000

57

92

115

125

132

138

138

144

144

150

25,000

72

115

144

154

168

175

175

176

176

184

30,000

88

138

168

192

200

208

208

216

216

216

TABLE PR II

PORTABLE RESTROOMS REQUIRED FOR REMOTE LOCATIONS AND COMMERCIAL AND RESIDENTIAL BUILDING SITES

PER SITE OR LOCATION (ASSUMES SERVICING ONCE PER WEEK)

NUMBER OF PEOPLE PER SITE 8 HOURS PER DAY - 40 HOURS PER WEEK

NUMBER OF RESTROOMS REQUIRED

1-10

1

11-20

2

21-30

3

31-40

4

41-50

5

over 50

Add 1 restroom for every 10 additional people or fraction thereof

TABLE PR III

HOLDING TANK CAPACITY REQUIRED FOR REMOTE LOCATIONS, AND SPECIAL EVENTS PER SITE OR LOCATION (ASSUMES SERVICING TWICE PER WEEK)

NUMBER OF PEOPLE PER SITE 8 HOURS PER DAY - 40 HOURS PER WEEK

MINIMUM HOLDING TANK CAPACITY (IN GALLONS)

1

125

2-3

250

4-5

500

6-7

750

over 7

Add 125 gallons for each additional person

(k) Portable hand washing facilities shall be self-contained and have access to a fresh water compartment and a wastewater compartment. A sign shall be posted near the hand washing apparatus to advise users that the water is not for drinking.
(l) Portable hand washing facilities shall be provided in a proportion of one hand wash facility to every ten portable restrooms required, and shall be provided at special events and remote locations where food is served or picnic areas are provided. With the exception of locations where food is served, hand sanitizers may be used in lieu of hand washing facilities, at the option of the applicant.
(m) The number and location of portable restroom and hand washing facilities for food handlers at special events shall be based on this section or applicable local or state food hygiene requirements, whichever is greater.
(n) An applicant for a stationary holding tank installation permit shall provide to the Department a copy of a contract with a permitted disposal company that states the holding tank capacity and the scheduled pumping frequency.
(o) All stationary holding tanks shall be constructed in compliance with the construction standards for treatment receptacles in Rule 62-6.013, F.A.C.
(p) Portable holding tanks must meet the following requirements:
1. The total effective capacity of the portable holding tank must not exceed 300 gallons,
2. No portion of the portable holding tank must be more than 12'' inches below the surface of the ground,
3. The portable holding tank must be used for a construction site or temporary use,
4. The portable holding tank must be rigid, water-tight, impervious,
5. Polyethylene holding tanks must meet the requirements of International Association of Plumbing and Mechanical Officials (IAPMO)/American National Standards Institute (ANSI) Z1000-2019 Paragraph 7.1 "Blow Molded and Single-Layer Rotationally-Molded Polyethylene Septic Tanks" and 7.2 "Multi-Layer Rotationally-Molded Polyethylene Septic Tanks" herein adopted and incorporated by reference. This standard has been deemed copyright protected and is available from the publisher at IAPMO, 4755 East Philadelphia Street, Ontario, California 91761, or at publisher's website at www.iapmo.org/, and is available for inspection as provided in subsection (8) below. Where the requirements of IAPMO/American National Standards Institute (ANSI) Z1000-2019, Paragraphs 7.1 and 7.2 conflict with the standards in this section, the standards in this section must apply,
6. Multiple portable holding tanks, if used, shall be connected in such a manner that leakage from one tank will not result in the loss of any liquid from any other tanks,
7. Each portable holding tank shall have listed in a conspicuous place the name and telephone number of the servicing company; and,
8. The portable holding tank shall be removed from the site when no longer needed,
9. The portable holding tank servicing company shall maintain a list of the location and the installation or placement date of all portable holding tanks placed into service. The list shall be made available to the Department upon request.
(q) Portable or stationary holding tanks shall be serviced at least weekly to prevent insanitary conditions.
(r) Table PR III shall be used to determine the required total capacity of portable or stationary holding tanks serving a remote location, construction site, or special event. The values from table PR III shall be adjusted proportionately to the number of times per week the holding tank will be emptied.
(s) Application for a service permit shall be made to the Department on Form DEP 4012, "Application for Septage Disposal Service Permit, Temporary System Service Permit, Septage Treatment and Disposal Facility, Septic Tank Manufacturing Approval." The following must be provided for the evaluation prior to issuance of a service permit:
1. The permanent location and address of the business where operations will originate and where equipment is to be stored when it is not in use.
2. The proposed disposal method and the site to be used for disposing of the waste.
(t) The following equipment, maintenance and service requirements shall be complied with:
1. Vehicles used for servicing portable restrooms shall be provided with two separate tanks or a dual compartment tank. One compartment or tank shall be used for receiving and removing wastes and the other shall be used for clean water storage and shall have adequate capacity to allow proper cleaning of each serviced unit. The waste tank on all vehicles servicing portable restrooms or portable or stationary holding tanks shall be equipped with a suction hose having a cut-off valve not more than 36'' inches from the intake end.
2. Standby portable restroom and holding tank service equipment shall be available for use during breakdowns or emergencies. If equipment from another approved service is to be used for stand-by purposes, a written agreement between the services must be provided to the Department.
3. The waste storage compartment of a tank truck shall be maintained as necessary to prevent the creation of sanitary nuisance conditions.
(u) Portable or stationary holding tank, portable restroom, and portable hand sink wastes must be disposed of into a treatment facility approved or permitted for such disposal by the Department. These wastes must be disposed of at a Department approved treatment facility. Companies which service portable or stationary holding tanks or portable restrooms which use quaternary ammonium sanitizing and deodorizing compounds are prohibited from having the wastes treated or disposed of at lime stabilization facilities.
(v) Contents of portable restrooms and portable or stationary holding tanks shall be removed in their entirety when pumped.
(w) Persons who own portable restrooms but are not a permitted service company shall maintain a service contract with a permitted service company for every portable restroom in use. The name and telephone number of the owner shall be displayed on every portable restroom in use.
(8) 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 or Florida Department of State, Florida Administrative Code and Register, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250. Reference materials deemed copyright protected are available for inspection at the same address.

Fla. Admin. Code Ann. R. 62-6.0101

Rulemaking Authority 381.0065 (3)(a), 381.0065(4)(e), 489.553(3) FS. Law Implemented 381.0065, 386.041 FS.

New 5-24-04, Amended 11-26-06, 6-25-09, 4-28-10, Formerly 64E-6.0101, Amended by Florida Register Volume 48, Number 110, June 7, 2022 effective 6/21/2022.

New 5-24-04, Amended 11-26-06, 6-25-09, 4-28-10, Formerly 64E-6.0101, Amended 6-21-22.