Modernization of Stormwater Quality Rules

Here’s the simplified version: A big company is being sued by a group of people who say the company’s product hurt them. The company hired a law firm to defend them. The law firm’s lawyers don’t want certain information to be shown in court, but the judge said they have to share it. The law firm is now in trouble with the judge. In 2020, the Florida Legislature passed a law called the Clean Waterways Act, which requires the Department of Environmental Protection and water management districts to update rules about how to design and manage stormwater. This is important because stormwater in urban areas can cause flooding and pollution. Florida has been working on managing stormwater since the 1980s, and the new law will make sure that stormwater from new developments is treated to reduce pollution. DEP is in charge of organizing the stormwater management program in Florida. They have delegated the implementation of the program to the water management districts, who have their own set of rules. These rules cover the construction, operation, and maintenance of stormwater management systems, dams, and other water-related structures. The main goals of these rules are to protect water quality, prevent flooding, and preserve the environment. However, some of these rules are outdated and don’t reflect the latest scientific and engineering knowledge. In 1993, Florida passed a law telling the Department of Environmental Protection (DEP) and the water management districts to combine their rules for managing land and water resources. After some arguments and agreements, they made uniform rules for environmental permits. But they didn’t update the rules for water quality and quantity, so each district still had its own rules. To avoid repeating the same work, DEP and the water management districts made agreements to share the job of giving out permits. Even though they made statewide rules, there were still some differences in how they were applied. In 2012, the government made new rules called SWERP to make environmental permits more consistent statewide. The rules aimed to make the permit process easier and cheaper for the public, while still protecting the environment. These rules were based on existing rules from the 1980s and 1990s, with some changes to make the permit process more consistent across different agencies. Overall, the goal was to make it easier to get permits without harming the environment. The SWERP rules didn’t create new rules for managing water quality and quantity, but each water management district has its own set of rules. These rules are based on the specific water conditions in each district. The rules are old and need to be updated because our understanding of water science has improved. Stormwater pollution is a big problem in Florida and the current rules don’t do enough to address it. Also, the rules for how much water can be used are outdated because the climate in Florida has changed since the rules were made in the 1980s. DEP has realized that stormwater regulations need to be updated to protect water quality. A 2007 report found that many stormwater management facilities are chosen based on how well they work, rather than how well they remove pollutants. Vegetation is important for removing contaminants from stormwater, but it doesn’t always survive. Stormwater management systems are not always effective and can deteriorate over time. The agencies have been successful in implementing consistent environmental criteria and rules in the past, and it’s possible to have statewide water quality rules, but they will need to consider different natural characteristics throughout the state. The Florida DEP and water management districts are working on new rules for stormwater management. They formed a committee to get input from the public and come up with recommendations based on the latest information. The committee will discuss things like improving stormwater design, reducing pollutants, and protecting water resources. This process has been helpful in the past for getting new ideas and input from the public. The government is working on making new rules for managing stormwater in Florida. They are asking for public input before they make the rules official. This is because stormwater can pollute the water, and they want to make sure it’s handled properly. The process could take a while, and the new rules might need to be approved by the state government. The state of Florida has laws and regulations to protect its water resources. The laws cover things like stormwater design, construction near water, and the environmental impact of projects. The laws recognize that water issues can vary by region. Recently, there was a new law called the Clean Waterways Act, which directed agencies to make new rules to protect water resources. The TAC includes representatives from different groups like universities, governments, and environmental interests. Susan Martin is a lawyer with lots of experience in environmental law, and Karen West is a lawyer who works for a water management district. They both have a lot of knowledge about the environment and the law.

Source: https://www.floridabar.org/the-florida-bar-journal/modernization-of-stormwater-quality-rules/