The DEP made new rules to make stormwater cleaner, but it will cost a lot of money. People agree that water quality needs to improve, but they disagree on how to do it and how much it will cost. Florida passed the Clean Waterways Act in 2020 to address pollution from stormwater, which can be a big problem in the state. The law requires the Department of Environmental Protection and water management districts to update regulations for stormwater design and operation using the latest scientific information. This includes considering new ways to reduce nutrient pollution in stormwater discharges. The goal is to make sure that any pollution going into water bodies is decreased. If the water quality standards aren’t being met, applicants will have to propose ways to improve the water quality in the affected areas. The Florida Department of Environmental Protection (DEP) started working on new rules to make stormwater cleaner. They set up a group called the Technical Advisory Committee (TAC) to help come up with ideas. The TAC had 13 meetings and gave recommendations to DEP. There were also public workshops for people to give their opinions. The Department of Environmental Protection (DEP) published a notice of a proposed rule change on February 24, 2023, which included changes to stormwater management requirements. The proposed changes include new performance standards for stormwater treatment, as well as new requirements for operation and maintenance of stormwater systems. The DEP also had to estimate the costs of these changes as required by state law. The proposed rule on stormwater management systems cost more than $200,000, so the Department of Environmental Protection (DEP) had to prepare a detailed report on the costs. They estimated that the total cost over five years would be over $1.4 billion. Some people submitted proposals for a more affordable alternative, and DEP had to respond to each one. They also received some minor comments from a legislative committee. DEP had a hearing about the rule and considered the proposals and comments. They then published a revised version of the rule, taking into account the concerns and proposals. The Florida Department of Environmental Protection (DEP) made changes to the rules for reducing pollution from development projects. They lowered the minimum requirements for reducing harmful nutrients like nitrogen and phosphorus. They also exempted certain existing activities and delayed the rules’ application for some projects. These changes need to be approved by the state legislature if they have a big impact. DEP made a rule that costs a lot of money, so it needs to be approved by the legislature. The legislature didn’t approve it because of the cost. DEP will try again in 2024 and will need to change the rule to get approval. If they want to use different words, they need to start working on it before 2024. The water management districts are changing their rules to better protect water quality and quantity. They are making sure the rules are consistent with statewide stormwater requirements. The districts are also creating new areas called water quality enhancement areas to help improve water quality. These areas will be used to offset any negative impacts on water quality. DEP is making new rules to set up a program for trading water quality credits between certain facilities and government agencies. This is separate from another rulemaking process, so it can go ahead without waiting for approval from the legislature. The rules will also update requirements for managing stormwater. The Florida Department of Environmental Protection has updated the rules for getting a permit for managing stormwater. They have made changes to the rules for designing and building water management systems. These changes were made through a bill called H.B. 965, which became law on July 1, 2022. The new law includes the creation of water quality enhancement areas, which are natural systems built to help improve water quality. These changes are important for protecting Florida’s environment. Susan Roeder Martin is a lawyer who specializes in environmental and administrative law. She has been practicing law for 40 years and is certified in state and federal administrative practice. She is also a mediator and a LEED accredited professional. Susan is a frequent writer and speaker on environmental issues and has been involved in various organizations related to environmental law.
Source: https://www.floridabar.org/the-florida-bar-journal/floridas-water-quality-rules-under-the-clean-waterways-act/
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