Florida Senate - 2011                              CS for SB 934
       
       
       
       By the Committee on Environmental Preservation and Conservation;
       and Senator Storms
       
       
       
       592-02635-11                                           2011934c1
    1                        A bill to be entitled                      
    2         An act relating to stormwater management permits;
    3         amending s. 373.118, F.S.; requiring that the
    4         Department of Environmental Protection initiate
    5         rulemaking to adopt a general permit for stormwater
    6         management systems serving airside activities at
    7         airports; providing for statewide application of the
    8         general permit; providing for any water management
    9         district or delegated local government to administer
   10         the general permit; providing that the rules are not
   11         subject to any special rulemaking requirements
   12         relating to small business; creating s. 373.4131,
   13         F.S.; authorizing certain municipalities and counties
   14         to adopt stormwater adaptive management plans and
   15         obtain conceptual permits for urban redevelopment
   16         projects; providing requirements for establishment of
   17         such permits by water management districts in
   18         consultation with the Department of Environmental
   19         Protection; providing that certain urban redevelopment
   20         projects qualify for a noticed general permit;
   21         providing an effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Subsection (6) is added to section 373.118,
   26  Florida Statutes, to read:
   27         373.118 General permits; delegation.—
   28         (6) By July 1, 2011, the department shall initiate
   29  rulemaking to adopt a general permit for stormwater management
   30  systems serving airside activities at airports. The general
   31  permit applies statewide and shall be administered by any water
   32  management district or any delegated local government pursuant
   33  to the operating agreements applicable to part IV of this
   34  chapter, with no additional rulemaking required. These rules are
   35  not subject to any special rulemaking requirements related to
   36  small business.
   37         Section 2. Section 373.4131, Florida Statutes, is created
   38  to read:
   39         373.4131 Conceptual permits for urban redevelopment
   40  projects.—
   41         (1) A municipality or county that has created a community
   42  redevelopment area or an urban infill and redevelopment area
   43  pursuant to chapter 163 may adopt a stormwater adaptive
   44  management plan that addresses the quantity and quality of
   45  stormwater discharges for the area and may obtain a conceptual
   46  permit from the water management district or the Department of
   47  Environmental Protection.
   48         (2) The conceptual permit shall be established by a water
   49  management district in consultation with the department and:
   50         (a) Must allow for the rate and volume of stormwater
   51  discharges for stormwater management systems of urban
   52  redevelopment projects located within a community redevelopment
   53  area created under part III of chapter 163 or an urban infill
   54  and redevelopment area designated under s. 163.2517 to continue
   55  up to the maximum rate and volume of stormwater discharges
   56  within the area as of the date the stormwater adaptive
   57  management plan was adopted.
   58         (b) Must presume that stormwater discharges for stormwater
   59  management systems of urban redevelopment projects located
   60  within a community redevelopment area created under part III of
   61  chapter 163 or an urban infill and redevelopment area designated
   62  under s. 163.2517 which demonstrate a net improvement of the
   63  quality of the discharged water that existed as of the date the
   64  stormwater adaptive management plan was adopted for any
   65  applicable pollutants of concern in the receiving water body do
   66  not cause or contribute to violations of water quality criteria.
   67         (c) May not prescribe additional or more stringent
   68  limitations concerning the quantity and quality of stormwater
   69  discharges from stormwater management systems than provided in
   70  this section.
   71         (d) Shall be issued for a duration of 20 years, unless a
   72  shorter duration is requested by the applicant.
   73         (3) Urban redevelopment projects that meet the criteria
   74  established in the conceptual permit pursuant to this section
   75  qualify for a noticed general permit that authorizes
   76  construction and operation for the duration of the conceptual
   77  permit.
   78         Section 3. This act shall take effect July 1, 2011.