Bill Text: FL S0686 | 2020 | Regular Session | Introduced
Bill Title: Stormwater Management Systems
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2020-03-14 - Died in Environment and Natural Resources [S0686 Detail]
Download: Florida-2020-S0686-Introduced.html
Florida Senate - 2020 SB 686 By Senator Gruters 23-00478A-20 2020686__ 1 A bill to be entitled 2 An act relating to stormwater management systems; 3 amending s. 373.4131, F.S.; directing the water 4 management districts, with Department of Environmental 5 Protection oversight, to adopt rules for specified 6 design and performance standards relating to new 7 development and redevelopment projects; requiring, 8 rather than authorizing, the department to incorporate 9 such rules by reference for use within the geographic 10 jurisdiction of each water management district; 11 requiring the department and the water management 12 districts to amend the applicant’s handbook to include 13 certain revised design criteria by a specified date; 14 providing a rebuttable presumption that certain 15 stormwater management systems do not cause or 16 contribute to violations of applicable state water 17 quality standards; requiring certain inspection 18 training for department, water management district, 19 and local pollution control program staff; directing 20 the department and water management districts to 21 initiate certain rulemaking for stormwater management 22 systems by a specified date; amending s. 403.814, 23 F.S.; revising permitting requirements for the 24 construction of certain stormwater management systems; 25 providing an effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Subsections (1), (3), and (5) of section 30 373.4131, Florida Statutes, are amended, and subsection (6) is 31 added to that section, to read: 32 373.4131 Statewide environmental resource permitting 33 rules.— 34 (1) The department shallinitiate rulemaking toadopt, in 35 coordination with the water management districts, statewide 36 environmental resource permitting rules governing the 37 construction, alteration, operation, maintenance, repair, 38 abandonment, and removal of any stormwater management system, 39 dam, impoundment, reservoir, appurtenant work, works, or any 40 combination thereof, under this part. 41 (a) The rules must provide for statewide, consistent 42 regulation of activities under this part and must include, at a 43 minimum: 44 1. Criteria and thresholds for requiring permits. 45 2. Types of permits. 46 3. Procedures governing the review of applications and 47 notices, duration and modification of permits, operational 48 requirements, transfers of permits, provisions for emergencies, 49 and provisions for abandonment and removal of systems. 50 4. Exemptions and general permits that do not allow 51 significant adverse impacts to occur individually or 52 cumulatively. 53 5. Conditions for issuance. 54 6. General permit conditions, including monitoring, 55 inspection, and reporting requirements. 56 7. Standardized fee categories for activities under this 57 part to promote consistency. The department and water management 58 districts may amend fee rules to reflect the standardized fee 59 categories but are not required to adopt identical fees for 60 those categories. 61 8. Application, notice, and reporting forms. To the maximum 62 extent practicable, the department and water management 63 districts shall provide for electronic submittal of forms and 64 notices. 65 9. An applicant’s handbook that, at a minimum, contains 66 general program information, application and review procedures, 67 a specific discussion of how environmental criteria are 68 evaluated, and discussion of stormwater quality and quantity 69 criteria. 70 (b) The rules must provide for a conceptual permit for a 71 municipality or county that creates a stormwater management 72 master plan for urban infill and redevelopment areas or 73 community redevelopment areas created under chapter 163. Upon 74 approval by the department or water management district, the 75 master plan mustshallbecome part of the conceptual permit 76 issued by the department or water management district. The rules 77 must additionally provide for an associated general permit for 78 the construction and operation of urban redevelopment projects 79 that meet the criteria established in the conceptual permit. The 80 following requirements must also be met: 81 1. The conceptual permit and associated general permit must 82 not conflict with the requirements of a federally approved 83 program pursuant to s. 403.0885 or with the implementation of s. 84 403.067(7) regarding total maximum daily loads and basin 85 management action plans. 86 2. Before a conceptual permit is approvedgranted, the 87 municipality or county shallmustassert that stormwater 88 discharges from the urban redevelopment area do not cause or 89 contribute to violations of water quality standards by 90 demonstrating a net improvement in the quality of the discharged 91 water existing on the date the conceptual permit is approved. 92 3. The conceptual permit may not expire for at least 20 93 years unless a shorter duration is requested and must include an 94 option to renew. 95 4. The conceptual permit must describe the rate and volume 96 of stormwater discharges from the urban redevelopment area, 97 including the maximum rate and volume of stormwater discharges 98 as of the date the conceptual permit is approved. 99 5. The conceptual permit must contain provisions regarding 100 the use of stormwater best management practices and must ensure 101 that stormwater management systems constructed within the urban 102 redevelopment area are operated and maintained in compliance 103 with s. 373.416. 104 (c) The rules must rely primarily on the rules of the 105 department and water management districts in effect immediately 106 beforeprior tothe effective date of this section, except that 107 the department may: 108 1. Reconcile differences and conflicts to achieve a 109 consistent statewide approach. 110 2. Account for different physical or natural 111 characteristics, including special basin considerations, of 112 individual water management districts. 113 3. Implement additional permit streamlining measures. 114 (d) The application of the rules must continue to be 115 governed by the first sentence of s. 70.001(12). 116 (3)(a) The water management districts, with department 117 oversight, shallmay continue toadopt rules governing design 118 and performance standards for stormwater quality and quantity, 119 including design and performance standards that increase the 120 removal of nutrients from stormwater discharges from all new 121 development and redevelopment projects.andThe department shall 122mayincorporate the design and performance standards by 123 reference for use within the geographic jurisdiction of each 124 district to ensure that new pollutant loadings are not 125 discharged into impaired water bodies. By December 1, 2020, the 126 department and water management districts shall amend the 127 applicant’s handbook to include revised best management 128 practices design criteria and low-impact design best management 129 practices and design criteria that increase the removal of 130 nutrients from stormwater discharges from all new development 131 and redevelopment projects and measure for consistent 132 application of the net improvement performance standard to 133 ensure that new pollutant loadings are not discharged into 134 impaired water bodies. 135 (b) If a stormwater management system is designed in 136 accordance with the stormwater treatment requirements and best 137 management practices design and performance criteria adopted by 138 the department or a water management district under this part, 139 there is a rebuttable presumption that the system doesdesign is140presumednottocause or contribute to violations of applicable 141 state water quality standards. 142 (c) If a stormwater management system is constructed, 143 operated, and maintained for stormwater treatment in accordance 144 with a valid permit or exemption under this part, there is a 145 rebuttable presumption thatthe stormwater discharged fromthe 146 system doesis presumednottocause or contribute to violations 147 of applicable state water quality standards. 148 (5) To ensure consistent implementation and interpretation 149 of the rules adopted pursuant to this section, the department 150 shall conduct or oversee regular assessment and training of its 151 staff and the staffs of the water management districts and local 152 governments delegated local pollution control program authority 153 under s. 373.441. The training must include coordinating field 154 inspections of public and privately owned stormwater structural 155 controls, including, but not limited to, stormwater retention 156 and detention ponds. 157 (6) By July 1, 2021, the department and water management 158 districts shall initiate rulemaking to update the rules 159 governing the construction, operation, and maintenance of 160 stormwater management systems based on the most recent 161 scientific information. 162 Section 2. Subsection (12) of section 403.814, Florida 163 Statutes, is amended to read: 164 403.814 General permits; delegation.— 165 (12) A general permit is granted for the construction, 166 alteration, and maintenance of a stormwater management system 167 serving a total project area ofup to10 acres or less meeting 168 the criteria of this subsection. Such stormwater management 169 systems must be designed, operated, and maintained in accordance 170 with applicable rules adopted pursuant to part IV of chapter 171 373. There is a rebuttable presumption that the discharge from 172 such systems complies with state water quality standards. The 173 construction of such a system may proceed without any further 174 agency action by the department or water management district if, 175 before construction begins, an electronic self-certification is 176 submitted to the department or water management district which 177 certifies that the proposed system was designed by a Florida 178 registered professional and that the registered professional has 179 certified that the proposed system will meet the following 180 additional requirements: 181 (a) The total project area involves less than 10 acres and 182 less than 2 acres of impervious surface; 183 (b) Activities will not impact wetlands or other surface 184 waters; 185 (c) Activities are not conducted in, on, or over wetlands 186 or other surface waters; 187 (d) Drainage facilities will not include pipes having 188 diameters greater than 24 inches, or the hydraulic equivalent, 189 and will not use pumps in any manner; 190 (e) The project is not part of a larger common plan, 191 development, or sale; and 192 (f) The project does not: 193 1. Cause adverse water quantity or flooding impacts to 194 receiving water and adjacent lands; 195 2. Cause adverse impacts to existing surface water storage 196 and conveyance capabilities; 197 3. Cause a violation of state water quality standards;or198 4. Cause an adverse impact to the maintenance of surface or 199 ground water levels or surface water flows established pursuant 200 to s. 373.042 or a work of the district established pursuant to 201 s. 373.086; or 202 5. Cause the discharge of additional stormwater pollutants 203 into a water body that has been identified as impaired or into a 204 water body that has an adopted total maximum daily load. 205 Documentation of the predevelopment and postdevelopment 206 stormwater pollutant loadings for the project must be submitted 207 to the department or water management district to qualify for 208 the self-certification general permit. 209 Section 3. This act shall take effect July 1, 2020.