Bill Text: FL H7171 | 2010 | Regular Session | Introduced

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Bill Title: Stormwater Management Systems

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in General Government Policy Council [H7171 Detail]

Download: Florida-2010-H7171-Introduced.html

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HB 7171

1	A bill to be entitled
2	An act relating to stormwater management systems; creating
3	s. 373.4131, F.S.; providing legislative findings;
4	providing definitions; requiring the Department of
5	Environmental Protection, in coordination with the water
6	management districts, to develop a uniform statewide
7	stormwater quality treatment rule; requiring the
8	department to adopt the rule by a specified date;
9	providing an exemption from the rulemaking provisions of
10	ch. 120 for implementation of the rule by water management
11	districts and delegated local programs; prohibiting
12	variations from the rule; providing requirements for
13	developing, adopting, and implementing the rule;
14	authorizing the department and the water management
15	districts to adopt, amend, and retain specified rules;
16	providing for applicability, effect, and repeal of
17	specified rules; providing exemptions for specified
18	stormwater management systems and permitted activities;
19	providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1. Section 373.4131, Florida Statutes, is created
24	to read:
25	373.4131 Stormwater quality treatment requirements.-
26	(1) The Legislature finds that nutrients in stormwater
27	contribute to nutrient impairment of the state's waters. The
28	Legislature further finds and declares that a uniform statewide
29	rule that is consistent with the state's strategy to reduce the
30	adverse effects of nutrients on water quality as outlined in
31	chapter 403 will provide a scientifically and technically sound
32	method to assist permitholders in their efforts to meet state
33	water quality standards.
34	(2) As used in this section, the term:
35	(a) "Nutrient" means total nitrogen and total phosphorus.
36	(b) "Redevelopment" means construction of a surface water
37	management system on sites with existing commercial, industrial,
38	institutional, or multifamily land uses where the existing
39	impervious surface will be removed as part of the proposed
40	activity.
41	(c) "Stormwater quality treatment requirements" means the
42	minimum level of stormwater treatment and design criteria for
43	the construction, operation, and maintenance of stormwater
44	management systems.
45	(3) The department, in coordination with the water
46	management districts, shall develop a uniform statewide
47	stormwater quality treatment rule for stormwater management
48	systems. The rule must provide for geographic differences in
49	physical and natural characteristics, such as rainfall patterns,
50	topography, soil type, and vegetation. The department shall
51	adopt the rule by July 1, 2011. The water management districts
52	and any delegated local program under this part shall implement
53	the rule without having to adopt it pursuant to s. 120.54.
54	However, the department and water management districts may
55	adopt, amend, or retain rules designed to implement a basin
56	management action plan for a total maximum daily load and rules
57	established pursuant to s. 373.4592, s. 373.4595, s. 373.461, or
58	s. 403.067.
59	(a) Except as otherwise provided in this section,
60	variations from the rule adopted pursuant to this section are
61	prohibited.
62	(b) Existing stormwater quality treatment rules that are
63	superseded by the rule adopted pursuant to this section may be
64	repealed without further rulemaking pursuant to s. 120.54 by
65	publication of a notice of repeal in the Florida Administrative
66	Weekly and subsequent filing of a list of the rules repealed
67	with the Department of State.
68	(c) Until the rule adopted pursuant to this section
69	becomes effective, existing stormwater quality treatment rules
70	adopted pursuant to this part are deemed authorized under this
71	part and remain in full force and effect.
72	(4) The rule adopted pursuant to this section shall
73	establish the stormwater quality treatment requirements
74	necessary to meet the applicable state water quality standards,
75	including nutrient standards. Compliance with the stormwater
76	quality treatment requirements creates a presumption that
77	stormwater discharged from the system will meet the applicable
78	state water quality standards, whether expressed in narrative or
79	numeric form, in the receiving waters.
80	(5) Notwithstanding subsection (4), the rule adopted
81	pursuant to this section shall establish alternative stormwater
82	quality treatment requirements for the redevelopment of sites
83	totaling 10 acres or less and the retrofitting of existing
84	stormwater management systems where such treatment results in a
85	net reduction in the discharge of nutrients and other pollutants
86	to the receiving waters. The alternative treatment requirements
87	for redevelopment of sites must be based upon a feasibility
88	assessment of stormwater best management practices that
89	considers factors such as site size, availability of regional
90	stormwater treatment systems, and physical site characteristics.
91	The rule may also establish alternative treatment requirements
92	for the development of sites with legacy pollutants from past
93	activities.
94	(6) After the adoption of the rule pursuant to this
95	section, the following shall continue to be governed by the
96	stormwater quality treatment rules adopted by the department,
97	the water management districts, and any delegated local program
98	under this part in effect before the effective date of the rule
99	adopted pursuant to this section, unless the applicant elects to
100	have an application reviewed in accordance with the rule adopted
101	pursuant to this section:
102	(a) The operation and maintenance of stormwater management
103	systems legally in existence before the effective date of the
104	rule adopted pursuant to this section if the terms and
105	conditions of the permit, exemption, or other authorization for
106	such systems continue to be met; or
107	(b) The activities approved in a permit issued pursuant to
108	this part and the review of activities proposed in applications
109	received and completed before the effective date of the rule
110	adopted pursuant to this section. This paragraph also applies to
111	any modification of the plans, terms, and conditions of the
112	permit, including new activities, within the geographical area
113	to which the permit applies. However, this paragraph does not
114	apply to a modification that would extend the permitted time
115	limit for construction beyond 4 additional years or to any
116	modification that is reasonably expected to lead to additional
117	or substantially different stormwater quality impacts. This
118	paragraph also applies to any modification that lessens or does
119	not increase stormwater quality impacts.
120	(7) This section do not apply to stormwater management
121	systems serving agriculture.
122	Section 2. This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.