| 1 | A bill to be entitled |
| 2 | An act relating to stormwater management systems; creating |
| 3 | s. 373.4131, F.S.; providing legislative findings; |
| 4 | providing definitions; requiring the Department of |
| 5 | Environmental Protection, in coordination with the water |
| 6 | management districts, to develop a uniform statewide |
| 7 | stormwater quality treatment rule; requiring the |
| 8 | department to adopt the rule by a specified date; |
| 9 | providing an exemption from the rulemaking provisions of |
| 10 | ch. 120 for implementation of the rule by water management |
| 11 | districts and delegated local programs; prohibiting |
| 12 | variations from the rule; providing requirements for |
| 13 | developing, adopting, and implementing the rule; |
| 14 | authorizing the department and the water management |
| 15 | districts to adopt, amend, and retain specified rules; |
| 16 | providing for applicability, effect, and repeal of |
| 17 | specified rules; providing exemptions for specified |
| 18 | stormwater management systems and permitted activities; |
| 19 | providing an effective date. |
| 20 |
|
| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
|
| 23 | Section 1. Section 373.4131, Florida Statutes, is created |
| 24 | to read: |
| 25 | 373.4131 Stormwater quality treatment requirements.- |
| 26 | (1) The Legislature finds that nutrients in stormwater |
| 27 | contribute to nutrient impairment of the state's waters. The |
| 28 | Legislature further finds and declares that a uniform statewide |
| 29 | rule that is consistent with the state's strategy to reduce the |
| 30 | adverse effects of nutrients on water quality as outlined in |
| 31 | chapter 403 will provide a scientifically and technically sound |
| 32 | method to assist permitholders in their efforts to meet state |
| 33 | water quality standards. |
| 34 | (2) As used in this section, the term: |
| 35 | (a) "Nutrient" means total nitrogen and total phosphorus. |
| 36 | (b) "Redevelopment" means construction of a surface water |
| 37 | management system on sites with existing commercial, industrial, |
| 38 | institutional, or multifamily land uses where the existing |
| 39 | impervious surface will be removed as part of the proposed |
| 40 | activity. |
| 41 | (c) "Stormwater quality treatment requirements" means the |
| 42 | minimum level of stormwater treatment and design criteria for |
| 43 | the construction, operation, and maintenance of stormwater |
| 44 | management systems. |
| 45 | (3) The department, in coordination with the water |
| 46 | management districts, shall develop a uniform statewide |
| 47 | stormwater quality treatment rule for stormwater management |
| 48 | systems. The rule must provide for geographic differences in |
| 49 | physical and natural characteristics, such as rainfall patterns, |
| 50 | topography, soil type, and vegetation. The department shall |
| 51 | adopt the rule by July 1, 2011. The water management districts |
| 52 | and any delegated local program under this part shall implement |
| 53 | the rule without having to adopt it pursuant to s. 120.54. |
| 54 | However, the department and water management districts may |
| 55 | adopt, amend, or retain rules designed to implement a basin |
| 56 | management action plan for a total maximum daily load and rules |
| 57 | established pursuant to s. 373.4592, s. 373.4595, s. 373.461, or |
| 58 | s. 403.067. |
| 59 | (a) Except as otherwise provided in this section, |
| 60 | variations from the rule adopted pursuant to this section are |
| 61 | prohibited. |
| 62 | (b) Existing stormwater quality treatment rules that are |
| 63 | superseded by the rule adopted pursuant to this section may be |
| 64 | repealed without further rulemaking pursuant to s. 120.54 by |
| 65 | publication of a notice of repeal in the Florida Administrative |
| 66 | Weekly and subsequent filing of a list of the rules repealed |
| 67 | with the Department of State. |
| 68 | (c) Until the rule adopted pursuant to this section |
| 69 | becomes effective, existing stormwater quality treatment rules |
| 70 | adopted pursuant to this part are deemed authorized under this |
| 71 | part and remain in full force and effect. |
| 72 | (4) The rule adopted pursuant to this section shall |
| 73 | establish the stormwater quality treatment requirements |
| 74 | necessary to meet the applicable state water quality standards, |
| 75 | including nutrient standards. Compliance with the stormwater |
| 76 | quality treatment requirements creates a presumption that |
| 77 | stormwater discharged from the system will meet the applicable |
| 78 | state water quality standards, whether expressed in narrative or |
| 79 | numeric form, in the receiving waters. |
| 80 | (5) Notwithstanding subsection (4), the rule adopted |
| 81 | pursuant to this section shall establish alternative stormwater |
| 82 | quality treatment requirements for the redevelopment of sites |
| 83 | totaling 10 acres or less and the retrofitting of existing |
| 84 | stormwater management systems where such treatment results in a |
| 85 | net reduction in the discharge of nutrients and other pollutants |
| 86 | to the receiving waters. The alternative treatment requirements |
| 87 | for redevelopment of sites must be based upon a feasibility |
| 88 | assessment of stormwater best management practices that |
| 89 | considers factors such as site size, availability of regional |
| 90 | stormwater treatment systems, and physical site characteristics. |
| 91 | The rule may also establish alternative treatment requirements |
| 92 | for the development of sites with legacy pollutants from past |
| 93 | activities. |
| 94 | (6) After the adoption of the rule pursuant to this |
| 95 | section, the following shall continue to be governed by the |
| 96 | stormwater quality treatment rules adopted by the department, |
| 97 | the water management districts, and any delegated local program |
| 98 | under this part in effect before the effective date of the rule |
| 99 | adopted pursuant to this section, unless the applicant elects to |
| 100 | have an application reviewed in accordance with the rule adopted |
| 101 | pursuant to this section: |
| 102 | (a) The operation and maintenance of stormwater management |
| 103 | systems legally in existence before the effective date of the |
| 104 | rule adopted pursuant to this section if the terms and |
| 105 | conditions of the permit, exemption, or other authorization for |
| 106 | such systems continue to be met; or |
| 107 | (b) The activities approved in a permit issued pursuant to |
| 108 | this part and the review of activities proposed in applications |
| 109 | received and completed before the effective date of the rule |
| 110 | adopted pursuant to this section. This paragraph also applies to |
| 111 | any modification of the plans, terms, and conditions of the |
| 112 | permit, including new activities, within the geographical area |
| 113 | to which the permit applies. However, this paragraph does not |
| 114 | apply to a modification that would extend the permitted time |
| 115 | limit for construction beyond 4 additional years or to any |
| 116 | modification that is reasonably expected to lead to additional |
| 117 | or substantially different stormwater quality impacts. This |
| 118 | paragraph also applies to any modification that lessens or does |
| 119 | not increase stormwater quality impacts. |
| 120 | (7) This section do not apply to stormwater management |
| 121 | systems serving agriculture. |
| 122 | Section 2. This act shall take effect upon becoming a law. |