Explaining the New Florida Stormwater Rule
Senator Debbie Mayfield (CO-Introducer) SB 7040: Ratification of the Department of Environmental Protection’s Rules Relating to Stormwater
Congratulations to Senator Debbie Mayfield, Senator Gayle Harrell, Representative Thad Altman, and Representative Bobby Payne for Florida's New Stormwater Rule SB 7040, signed into law by Governor Ron DeSantis on June 28, 2024. This is important legislation to protect Florida’s waterways!
The new rule represents a forward-thinking approach to environmental management. By enhancing water quality, supporting ecosystems, promoting public health, encouraging sustainable development, and providing economic benefits, this legislation sets a high standard for other states to follow. Governor DeSantis's commitment to implementing these changes reflects a recognition of the critical role that environmental stewardship plays in ensuring a prosperous and sustainable future for Florida.
Florida's new stormwater rule, as outlined in Senate Bill 712 (2020) and detailed in the Clean Waterways Act, is a significant shift in how the state manages stormwater runoff to protect water quality. Here's a comprehensive breakdown of what the new rule entails and its implications.
Historical Context
The development of Florida's stormwater regulations has evolved over several decades. Initial attempts to manage stormwater discharge began in 1978, with significant milestones in 1981, 1982, and 2013, culminating in the comprehensive Environmental Resource Permitting (ERP) program. However, recent studies revealed that previous stormwater design criteria were insufficient in reducing nutrient pollution effectively. This led to the development of updated rules under SB 712, aimed at addressing these shortcomings.
Key Components of the New Rule
Minimum Performance Standards
The new rule establishes stringent minimum performance standards for stormwater treatment systems:
Reduction in Pollutants: The systems must achieve at least an 80% reduction in the average annual post-development total suspended solids load. In areas with Outstanding Florida Waters (OFW) or upstream regions, this requirement increases to 95%.
Nutrient Loading: The rule mandates that post-development nutrient loading must not exceed pre-development levels. Specific targets for nitrogen and phosphorus reductions are set based on the condition of the receiving water body.
Maintenance and Operation Requirements
To ensure long-term effectiveness, the rule includes:
Routine Maintenance: Establishing cost estimates and certification of financial capability for ongoing maintenance.
Inspection Requirements: Consistent inspection protocols based on the design of the stormwater treatment systems.
Design Flexibilities
Recognizing the diverse environmental contexts across Florida, the rule allows for:
Innovative BMPs: Flexibility in using existing or new best management practices (BMPs) tailored to site-specific conditions.
Off-site Compensation: Options to meet treatment performance standards through off-site measures.
Grandfathering Provisions
The rule provides clarity for ongoing and planned projects:
ERP Applications: Projects with completed Environmental Resource Permit (ERP) applications within 12 months of the rule's ratification are grandfathered.
Florida Department of Transportation Projects: Projects that completed their Project Development and Environment Study before rule implementation do not need to redesign to meet new criteria.
Impacts and Benefits
Environmental Protection
The updated stormwater rule aims to significantly reduce nutrient pollution, particularly nitrogen and phosphorus, which are primary contributors to water quality impairments in Florida. By achieving higher pollutant reduction targets, the rule helps protect aquatic ecosystems, support biodiversity, and improve overall water quality.
Economic Considerations
Implementing the new standards involves increased costs, estimated at an additional $1.21 billion over the first five years. However, this investment is justified by the long-term benefits of cleaner water, which include boosted tourism, enhanced property values, and reduced healthcare costs due to improved environmental health.
Compliance and Support
The Florida Department of Environmental Protection (DEP) has engaged extensively with stakeholders through public outreach meetings and technical advisory committees to ensure the rule is practical and effective. This collaborative approach helps ensure that the regulated community is well-prepared to comply with the new requirements.
Conclusion
Florida's new stormwater rule represents a forward-thinking approach to environmental management. By setting higher standards for pollutant reduction, ensuring proper maintenance and operation of stormwater systems, and providing flexibility in design, the rule addresses the critical issue of nutrient pollution. These changes will help protect Florida's water resources, support sustainable development, and contribute to the overall health and prosperity of the state.
However, some are disappointed that Governor DeSantis's recent signing of the state budget, which implemented substantial cuts amounting to approximately $205 million for stormwater, wastewater, and sewer projects.
A harmonious relationship between nature & people starts with you!
Source
Coates, J. (2024, January 24). Modernizing Florida’s stormwater rules [PowerPoint slides]. Florida Department of Environmental Protection, Blue-Green Algae Task Force Meeting. https://protectingfloridatogether.gov/sites/default/files/documents/Floridas%20Clean%20Waterways%20Act%20Stormwater%20Rule%20Update.pdf
