Florida Senate - 2013                                     SB 934
       
       
       
       By Senator Lee
       
       
       
       
       24-00475A-13                                           2013934__
    1                        A bill to be entitled                      
    2         An act relating to stormwater management permits;
    3         creating s. 373.41305, F.S.; authorizing certain
    4         municipalities and counties to adopt stormwater
    5         adaptive management plans and obtain conceptual
    6         permits for urban redevelopment projects; providing
    7         requirements for establishment of such permits by
    8         water management districts in consultation with the
    9         Department of Environmental Protection; providing that
   10         certain urban redevelopment projects qualify for a
   11         noticed general permit; prohibiting provisions for
   12         such permits from conflicting with specified federally
   13         delegated pollution reduction programs; providing an
   14         effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 373.41305, Florida Statutes, is created
   19  to read:
   20         373.41305 Conceptual permits for urban redevelopment
   21  projects.—
   22         (1) A municipality or county that creates a community
   23  redevelopment area or an urban infill and redevelopment area
   24  pursuant to chapter 163 may adopt a stormwater adaptive
   25  management plan that addresses the quantity and quality of
   26  stormwater discharges for the area and may obtain a conceptual
   27  permit from a water management district or the department.
   28         (2) The water management district, in consultation with the
   29  department, shall establish the conceptual permit. The permit:
   30         (a) Must allow for the rate and volume of stormwater
   31  discharges for stormwater management systems of urban
   32  redevelopment projects located within a community redevelopment
   33  area created under part III of chapter 163 or an urban infill
   34  and redevelopment area designated under s. 163.2517 to continue
   35  up to the maximum rate and volume of stormwater discharges
   36  within the area as of the date that the stormwater adaptive
   37  management plan is adopted.
   38         (b) Must presume that stormwater discharges for stormwater
   39  management systems of urban redevelopment projects located
   40  within a community redevelopment area created under part III of
   41  chapter 163 or an urban infill and redevelopment area designated
   42  under s. 163.2517, which demonstrate a net improvement of the
   43  quality of the discharged water that existed as of the date that
   44  the stormwater adaptive management plan is adopted for any
   45  applicable pollutants of concern in the receiving water body, do
   46  not cause or contribute to violations of water quality criteria.
   47         (c) Must not prescribe additional or more stringent
   48  limitations concerning the quantity and quality of stormwater
   49  discharges from stormwater management systems beyond those
   50  provided in this section.
   51         (d) Must be issued for a duration of at least 20 years,
   52  unless a shorter duration is requested by the applicant, and may
   53  be renewed.
   54         (3) Urban redevelopment projects that meet the criteria
   55  established in the conceptual permit pursuant to this section
   56  qualify for a noticed general permit that authorizes
   57  construction and operation for the duration of the conceptual
   58  permit.
   59         (4) Notwithstanding subsections (1)-(3), a permit issued
   60  pursuant to this section must not conflict with the requirements
   61  of a federally approved program pursuant to s. 403.0885 or with
   62  the implementation of s. 403.067(7) regarding total maximum
   63  daily loads and basin management plans.
   64         Section 2. This act shall take effect July 1, 2013.