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 |
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21 | Be It Enacted by the Legislature of the State of Florida: |
22 |
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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. |