Florida Senate - 2010                                    SB 1748
       
       
       
       By Senator Bennett
       
       
       
       
       21-01091A-10                                          20101748__
    1                        A bill to be entitled                      
    2         An act relating to stormwater management systems;
    3         creating s. 373.4131, F.S.; requiring the Department
    4         of Environmental Protection, in coordination with the
    5         water management districts, to develop a statewide
    6         stormwater quality treatment rule by a certain date;
    7         providing legislative intent; providing definitions;
    8         providing rule requirements; exempting agency action
    9         taken pursuant to the rule from the dispute-resolution
   10         procedures of ch. 70, F.S.; specifying the
   11         relationship of the rule to rules already adopted;
   12         providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 373.4131, Florida Statutes, is created
   17  to read:
   18         373.4131 Stormwater quality treatment requirements.—
   19         (1) The Legislature finds that high nutrient levels are a
   20  major cause of water quality impairment in the state’s waters
   21  and that revisions to existing rules regarding stormwater
   22  quality treatment requirements are necessary to prevent further
   23  degradation of the state’s waters.
   24         (2) As used in this section, the term:
   25         (a) “Nutrient” means total nitrogen and total phosphorus.
   26         (b) “Redevelopment” means construction of a surface water
   27  management system on sites having existing commercial,
   28  industrial, institutional, or multifamily land uses where the
   29  existing impervious surface will be removed as part of the
   30  proposed activity.
   31         (c) “Stormwater quality treatment requirements” means the
   32  minimum level of stormwater treatment and design criteria for
   33  the construction, operation, and maintenance of stormwater
   34  management systems.
   35         (3) The department, in coordination with the water
   36  management districts, shall develop a uniform statewide
   37  stormwater quality treatment rule for stormwater management
   38  systems other than those serving agriculture and silviculture.
   39  The rule must provide for geographic differences in physical and
   40  natural characteristics, such as rainfall patterns, topography,
   41  soil type, and vegetation. The department shall adopt the rule
   42  by July 1, 2011. The water management districts and any
   43  delegated local program under this part shall implement the rule
   44  without having to adopt it pursuant to s. 120.54. However, the
   45  department and water management districts may adopt, amend, or
   46  retain rules establishing more stringent stormwater quality
   47  treatment requirements for special basins in order to address
   48  further differences in physical or natural characteristics,
   49  including legacy pollutants from past activities; rules designed
   50  to implement a basin management action plan for a total maximum
   51  daily load; rules established pursuant to s. 373.4592, s.
   52  373.4595, s. 373.461, or s. 403.067; or rules designed to
   53  protect Class I, Class II, or shellfish harvesting waters.
   54         (a) Except as otherwise provided in this section, the rule
   55  adopted pursuant to this section supersedes any rule of the
   56  department, a water management district, or a delegated local
   57  program under this part establishing less stringent stormwater
   58  quality treatment requirements for stormwater management
   59  systems, other than those serving agriculture and silviculture.
   60         (b) Existing stormwater quality treatment rules that are
   61  superseded by the rule adopted under this section may be
   62  repealed without further rulemaking pursuant to s. 120.54 by
   63  publication of a notice of repeal in the Florida Administrative
   64  Weekly and subsequent filing of a list of the rules repealed
   65  with the Department of State.
   66         (c) Until the rule adopted pursuant to this section becomes
   67  effective, existing stormwater quality treatment rules adopted
   68  under this part are deemed authorized under this part and remain
   69  in full force and effect.
   70         (d) Agency action taken pursuant to the rule adopted under
   71  this section is exempt from chapter 70.
   72         (4) The rule must establish the minimum level of stormwater
   73  quality treatment necessary in order to not cause or contribute
   74  to water quality violations and must include:
   75         (a) For discharges to non-Outstanding Florida Waters, an 85
   76  percent average annual reduction of postdevelopment nutrient
   77  load or treatment such that postdevelopment nutrient loads are
   78  less than or equal to the estimated nutrient loads from the
   79  natural vegetative community type associated with the site’s
   80  natural soils, whichever is less stringent;
   81         (b) For discharges to waters not meeting state water
   82  quality standards, including waters designated on the
   83  department’s list of verified impaired waters established under
   84  s. 403.067 and discharges to Outstanding Florida Waters,
   85  treatment such that the postdevelopment nutrient loads are less
   86  than or equal to the estimated nutrient loads from the natural
   87  vegetative community type associated with the site’s natural
   88  soils; and
   89         (c) Such additional requirements as necessary to ensure
   90  that discharges of pollutants, other than nutrients, from
   91  stormwater systems meet the applicable water quality standards
   92  in the receiving water body.
   93         (5) The rule must provide design criteria for the
   94  construction, operation, and maintenance of stormwater systems
   95  necessary to meet the level of stormwater quality treatment
   96  established under subsection (4). Compliance with the design
   97  criteria creates a presumption that stormwater discharged from
   98  the system will not cause or contribute to violations of water
   99  quality standards in receiving waters.
  100         (6) Notwithstanding subsection (4), the rule may establish
  101  alternative stormwater quality treatment requirements for the
  102  redevelopment of sites totaling 2 acres or less and the
  103  retrofitting of existing stormwater management systems if such
  104  treatment results in a net reduction in the discharge of
  105  nutrients and other pollutants to the receiving waters. The
  106  alternative treatment requirements for redevelopment of sites
  107  totaling 2 acres or less must be based upon a feasibility
  108  assessment of stormwater best management practices that
  109  considers factors such as site size, availability of regional
  110  stormwater treatment systems, and physical site characteristics.
  111         (7) The rule may establish requirements that ensure
  112  financial responsibility for the construction, operation, and
  113  long-term management of the stormwater management system.
  114         (8) Notwithstanding the stormwater quality treatment
  115  requirements in subsection (4), within 2 years after the
  116  adoption of any numeric nutrient water quality criteria pursuant
  117  to chapter 403, the department, in coordination with the water
  118  management districts, shall develop and adopt such amendments to
  119  the rule as are necessary to ensure that water quality standards
  120  are maintained.
  121         (9) Subsequent to the adoption of the rule under this
  122  section, the following circumstances continue to be governed by
  123  the stormwater quality treatment rules adopted by the
  124  department, water management districts, and any delegated local
  125  program under this part in effect before the effective date of
  126  the rule adopted pursuant to this section, unless the applicant
  127  elects to have an application reviewed under the rule adopted
  128  under this section:
  129         (a) The operation and maintenance of stormwater management
  130  systems legally in existence before the effective date of the
  131  rule adopted under this section if the terms and conditions of
  132  the permit, exemption, or other authorization for such systems
  133  continue to be met; or
  134         (b) The activities approved in a permit issued under this
  135  part and the review of activities proposed in applications
  136  received and completed before the effective date of the rule
  137  adopted under this section. This paragraph also applies to any
  138  modification of the plans, terms, and conditions of the permit,
  139  including new activities, within the geographical area to which
  140  the permit applies. However, this paragraph does not apply to a
  141  modification that would extend the permitted time limit for
  142  construction beyond 2 additional years, or to any modification
  143  that is reasonably expected to lead to additional or
  144  substantially different stormwater quality impacts. This
  145  paragraph also applies to modifications that lessen or do not
  146  increase stormwater quality impacts.
  147         (10) This section does not diminish the jurisdiction or
  148  authority granted to the water management districts or the
  149  department pursuant to this part before the effective date of
  150  this section. The provisions of this section are supplemental to
  151  the existing jurisdiction and authority under this part.
  152         Section 2. This act shall take effect upon becoming a law.