Florida passed a new law to improve water quality by creating special areas called water quality enhancement areas (WQEAs). These areas are natural systems that help treat stormwater to protect water quality. When it rains, stormwater picks up pollutants and flows into ponds where it is treated. Over time, the ponds fill up with sediment, making them less effective at treating stormwater. This new law aims to address this issue and ensure that water quality treatment continues in the long run. WQEAs are a new way to improve water quality on a regional scale. They involve treating water offsite in a large area, which is better than traditional on-site treatment. The facilities will be run by a well-funded and capable organization to ensure they are maintained effectively. The goal is to use natural systems to improve water quality and offset any negative impacts on the environment. The Florida Department of Environmental Protection will issue permits for WQEAs, and specific rules will be developed for them. The aim is to address pollution in a specific area and make sure water quality improves. The new water quality enhancement statute in Florida is similar to existing laws for wetland protections. It includes extra rules to help improve water quality and reduce pollution. The original bill allowed anyone to use credits to offset environmental impacts, but it was changed so that only government agencies can use the credits. Government agencies can’t sell the credits to others. They still have to follow rules for managing stormwater. And any improvements from the credits can’t cancel out other environmental impacts. If someone wants to create a Water Quality Enhancement Area (WQEA), they need to apply for a permit from the Florida Department of Environmental Protection (FDEP). The applicant must show that the WQEA will improve water quality in the area, meet specific criteria for reducing pollutants, and be maintained for the long term. FDEP will decide how many “enhancement credits” can be sold from the WQEA, and which areas can buy these credits to improve water quality. The WQEA will also need to be monitored to make sure it’s working as intended. The bill CS/CS/SB 1426 regulates the construction and maintenance of water quality enhancement areas in Florida. It defines natural systems as supporting aquatic and wetland-dependent resources, and it has taken effect since July 1, 2022. The bill also regulates the construction, alteration, and maintenance of stormwater management systems, dams, impoundments, and other works in wetlands and surface waters. The bill includes the definitions of “surface water” and “surface water management system,” and it governs the Environmental Resource Permit (ERP) program in the state. A stormwater management system is a system designed to control water from rain to prevent flooding and pollution. Too much nitrogen and phosphorous in the water can cause problems, so the Florida Department of Environmental Protection (FDEP) has plans to reduce these pollutants. The FDEP also has a process for local stakeholders to determine water quality cleanup responsibilities. They also have restoration plans for certain impaired waterbodies. A BMAP is a plan to clean up water pollution in Florida. It sets goals and projects to reduce pollution in waterways over 20 years. The state checks progress every year. Florida is the only state with a program like this. Susan Roeder Martin is a lawyer who specializes in environmental law and helped create the BMAP legislation.
Source: https://www.floridabar.org/the-florida-bar-journal/water-quality-enhancement-areas-a-new-tool-to-improve-water-quality/
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