Florida Senate - 2012 SB 1354 By Senator Detert 23-00828B-12 20121354__ 1 A bill to be entitled 2 An act relating to environmental resource permitting; 3 creating s. 373.4131, F.S.; requiring the Department 4 of Environmental Protection, in coordination with the 5 water management districts, to adopt statewide 6 environmental resource permitting rules for activities 7 relating to the management and storage of surface 8 waters; providing rule requirements; preserving an 9 exemption from causes of action under the “Bert J. 10 Harris, Jr., Private Property Rights Protection Act”; 11 providing an exemption from the rulemaking provisions 12 of ch. 120, F.S., for implementation of the rules by 13 water management districts and delegated local 14 programs; requiring counties, municipalities, and 15 delegated local programs to amend ordinances and 16 regulations within a specified timeframe to conform 17 with the rules; providing for applicability, effect, 18 and repeal of specified rules; authorizing water 19 management districts to adopt and retain specified 20 rules; authorizing the department to incorporate 21 certain rules; providing a presumption of compliance 22 for specified design, construction, operation, and 23 maintenance of certain stormwater management systems; 24 providing exemptions for specified stormwater 25 management systems and permitted activities; requiring 26 the department to conduct or oversee staff assessment 27 and training; reenacting s. 70.001(12), F.S., relating 28 to the “Bert J. Harris, Jr., Private Property Rights 29 Protection Act,” for purposes of a cross-reference in 30 s. 373.4131, F.S.; providing an effective date. 31 32 Be It Enacted by the Legislature of the State of Florida: 33 34 Section 1. Section 373.4131, Florida Statutes, is created 35 to read: 36 373.4131 Statewide environmental resource permitting 37 rules.— 38 (1)(a) No later than October 1, 2012, the department shall 39 initiate rulemaking to adopt, in coordination with the water 40 management districts, statewide environmental resource 41 permitting rules governing the construction, alteration, 42 operation, maintenance, repair, abandonment, and removal of any 43 stormwater management system, dam, impoundment, reservoir, 44 appurtenant work, works, or any combination thereof, under this 45 part. 46 (b) The rules shall provide for statewide, consistent 47 regulation of activities under this part and shall include, at a 48 minimum: 49 1. Criteria and thresholds for requiring permits. 50 2. Types of permits. 51 3. Procedures governing the review of applications and 52 notices, duration and modification of permits, operational 53 requirements, transfers of permits, provisions for emergencies, 54 and provisions for abandonment and removal of systems. 55 4. Exemptions and general permits that do not allow 56 significant adverse impacts to occur individually or 57 cumulatively. 58 5. Conditions for issuance. 59 6. General permit conditions, including monitoring, 60 inspection, and reporting requirements. 61 7. Standardized fee categories for activities under this 62 part to promote consistency. The department and water management 63 districts may amend fee rules to reflect the standardized fee 64 categories but are not required to adopt identical fees for 65 those categories. 66 8. Application, notice, and reporting forms. To the maximum 67 extent practicable, the department and water management 68 districts shall provide for electronic submittal of forms and 69 notices. 70 9. An applicant’s handbook that, at a minimum, contains 71 general program information, application and review procedures, 72 a specific discussion of how environmental criteria are 73 evaluated, and discussion of stormwater quality and quantity 74 criteria. 75 (c) The rules shall rely primarily on the rules of the 76 department and water management districts in effect immediately 77 prior to the effective date of this section, except that the 78 department may: 79 1. Reconcile differences and conflicts to achieve a 80 consistent statewide approach. 81 2. Account for different physical or natural 82 characteristics, including special basin considerations, of 83 individual water management districts. 84 3. Implement additional permit streamlining measures. 85 (d) The application of the rules shall continue to be 86 governed by the first sentence of s. 70.001(12). 87 (2)(a) Upon adoption of the rules, the water management 88 districts and local governments delegated local pollution 89 control program authority under s. 373.441 shall implement the 90 rules without the need for further rulemaking pursuant to s. 91 120.54. The rules adopted by the department pursuant to this 92 section shall also be considered the rules of the water 93 management districts and local governments delegated local 94 pollution control program authority under s. 373.441. The 95 districts and local governments shall have substantive 96 jurisdiction to implement and interpret rules adopted by the 97 department under this part, consistent with any guidance from 98 the department, in any license or final order pursuant to s. 99 120.60 or s. 120.57(1)(l). 100 (b)1. A county, municipality, or local pollution control 101 program that has a delegation of local pollution control program 102 authority or proposes to be delegated such authority under s. 103 373.441 shall without modification incorporate by reference and 104 use the rules adopted pursuant this section when reviewing and 105 taking action on the department’s behalf on a delegated 106 permitting, compliance, or enforcement matter under this part. 107 2. A county, municipality, or local pollution control 108 program that has a delegation of local pollution control program 109 authority under s. 373.441 must amend its local ordinances or 110 regulations to conform to the requirements of this section 111 within 12 months after the effective date of the rules adopted 112 pursuant to this section. 113 3. The department and each local program with the authority 114 to implement or seeking to implement a delegation of local 115 pollution control program authority under s. 373.441 shall 116 identify and reconcile any duplicative permitting as part of the 117 delegation. 118 (c) Until the rules adopted pursuant to this section become 119 effective, existing rules adopted pursuant to this part remain 120 in full force and effect. Existing rules that are superseded by 121 the rules adopted pursuant to this section may be repealed 122 without further rulemaking pursuant to s. 120.54 by publication 123 of a notice of repeal in the Florida Administrative Weekly and 124 subsequent filing of a list of the rules repealed with the 125 Department of State. 126 (3)(a) The water management districts, with department 127 oversight, may continue to adopt rules governing design and 128 performance standards for stormwater quality and quantity, and 129 the department may incorporate the design and performance 130 standards by reference for use within the geographic 131 jurisdiction of each district. 132 (b) If a stormwater management system is designed in 133 accordance with the stormwater treatment requirements and 134 criteria adopted by the department or a water management 135 district under this part, the system design is presumed not to 136 cause or contribute to violations of applicable state water 137 quality standards. 138 (c) If a stormwater management system is constructed, 139 operated, and maintained for stormwater treatment in accordance 140 with a valid permit or exemption under this part, the stormwater 141 discharged from the system is presumed not to cause or 142 contribute to violations of applicable state water quality 143 standards. 144 (4) Notwithstanding the adoption of rules pursuant to this 145 section, the following activities shall continue to be governed 146 by the rules adopted by the department, the water management 147 districts, and delegated local programs under this part in 148 effect before the effective date of the rules adopted pursuant 149 to this section, unless the applicant elects review in 150 accordance with the rules adopted pursuant to this section: 151 (a) The operation and maintenance of any stormwater 152 management system, dam, impoundment, reservoir, appurtenant 153 work, works, or any combination thereof legally in existence 154 before the effective date of the rules adopted pursuant to this 155 section if the terms and conditions of the permit, exemption, or 156 other authorization for such activity continue to be met. 157 (b) The activities determined in writing by the department, 158 a water management district, or a local government delegated 159 local pollution control program authority under s. 373.441 to be 160 exempt from the permitting requirements of this part, including 161 self-certifications submitted to the department, a water 162 management district, or a delegated local government before the 163 effective date of the rules adopted pursuant to this section. 164 (c) The activities approved in a permit issued pursuant to 165 this part and the review of activities proposed in a permit 166 application that is complete before the effective date of the 167 rules adopted pursuant to this section. This paragraph applies 168 to any modification of the plans, terms, and conditions of the 169 permit, including new activities, within the geographical area 170 to which the permit applies and to any modification that lessens 171 or does not increase impacts. However, this paragraph does not 172 apply to a modification that is reasonably expected to lead to 173 additional or substantially different impacts. 174 (5) To ensure consistent implementation and interpretation 175 of the rules adopted pursuant to this section, the department 176 shall conduct or oversee regular assessment and training of its 177 staff and the staffs of the water management districts and local 178 governments delegated local pollution control program authority 179 under s. 373.441. 180 Section 2. For the purpose of a cross-reference in section 181 373.4131, Florida Statutes, as created by this act, subsection 182 (12) of section 70.001, Florida Statutes, is reenacted to read: 183 70.001 Private property rights protection.— 184 (12) No cause of action exists under this section as to the 185 application of any law enacted on or before May 11, 1995, or as 186 to the application of any rule, regulation, or ordinance 187 adopted, or formally noticed for adoption, on or before that 188 date. A subsequent amendment to any such law, rule, regulation, 189 or ordinance gives rise to a cause of action under this section 190 only to the extent that the application of the amendatory 191 language imposes an inordinate burden apart from the law, rule, 192 regulation, or ordinance being amended. 193 Section 3. This act shall take effect July 1, 2012.