July 2022, Volume 24, Issue 6

Thank you to our Newsletter Sponsors!

 Table of Contents

Agenda Released! MS4 Permits: Demonstrating Compliance with New Permits

Fall SeminarJoin us for FSA’s 2022 Fall Seminar on September 16, 2022 in Lake Buena Vista! Operators of large, medium, and small regulated municipal separate storm sewer systems (MS4s) are required to obtain coverage and comply with permit conditions before discharging to waters of the state.  Phase I permits address discharges of stormwater runoff from "medium" and "large" MS4s and Phase II generally regulates discharges from other (smaller) MS4s.  Join us as we present a comprehensive overview to help MS4s identify approaches to comply with current and evolving permit requirements, including ways to demonstrate progress in reducing loadings to waterbodies with and without adopted BMAPs.  Visit the FSA Seminar webpage for more information, including the agenda, registration rates and online registration.

FSA & FSAEF Leadership Elected

The FSA and FSA Educational Foundation's Annual Membership Meeting was held on June 17, 2022 at the Sanibel Harbour Marriott in Ft. Myers. The results are in….

Your new FSA Officers are: 

Liz Perez

Elizabeth Perez
Collective Water Resources

Shane Williams

Vice President
Shane Williams
Alachua County

Melissa Long

Melissa Long
City of Jacksonville

Elliot Shoberg

Past President
Elliot Shoberg
City of Clearwater

Elizabeth Perez has named the following Committee Chairs for 2022-23:
  • Conference - Melanie Weed, Pinellas County
  • Education - Lee Mullon, Drummond Carpenter
  • Legislative and Agency Relations - Mark Heidecker, City of Tallahassee
  • Membership - Cassidy Reichert, City of Jacksonville

For a full list of the FSA and FSAEF Board of Directors visit the 2022-23 FSA Board of Directors and FSAEF Board of Directors pages for a complete listing.

Governor Vetoes SB 620

Governor Ron DeSantis has vetoed Senate Bill 620 which passed during Florida’s 2022 Session. The legislation created a new cause of action that businesses may bring against local governments if a city or county ordinance or charter provision caused a 15 percent drop in the business's profits. While there are several types of ordinances that are exempt from the provisions of the legislation (e.g., ordinances “required” by state or federal programs) many of the exemptions were ill-defined, set a bad precedent for pollution control programs and would have been litigated in court for years to come. In his veto message, the Governor cited the uncertainty surrounding the impacts of the legislation and the potential for numerous lawsuits if the bill was allowed to become law. FSA had asked the Governor to veto the legislation, as had many local governments and several environmental organizations.

WOTUS Updates

There have been no developments in rulemaking on EPA’s proposed new set of WOTUS definitions. However, two developments in court actions will likely impact future WOTUS policy. First, the US Supreme Court has scheduled oral arguments for October 3, 2022 on an appeal of a decision of the Ninth Circuit Court of Appeals concerning the tests used to determine whether wetlands are subject to federal jurisdiction under the CWA. Sackett v. EPA asks the Court to clarify its 2006 ruling in Rapanos v. United States regarding the conditions under which wetlands are “jurisdictional.” A decision from SCOTUS can be expected in early 2023 and will most likely complicate EPA’s WOTUS rulemaking effort. Second, the logic of a recent decision of SCOTUS limiting the ability of EPA to regulate greenhouse gasses could be applied to other regulatory policies, including those implementing the CWA. The Court struck down recent EPA rules on greenhouse gas policy, saying that the policy had significant economic impacts and Congress was not explicit enough in granting EPA authority to take such action. Court-watchers believe that similar arguments can be made in a number of environmental areas – including water policy.

Bacteria TMDL Update

Earlier this year, FDEP published draft updates to fecal indicator bacteria TMDLs for certain impaired surface waters in the Everglades West Coast Basin not meeting applicable criteria for Escherichia coli, enterococci, or fecal coliform bacteria. Although currently limited to waters in southwest Florida, the intent is that the proposed TMDLs will serve as a pilot for a new, consolidated approach that FDEP will use to address fecal indicator bacteria impairments on a statewide basis. More information on the proposed TMDLs and draft Reports may be found on the Department’s website. The comment period on the draft TMDLs closed in April. View FSA’s comments here. FSA’s primary concern with the proposed rules is that they place most of the burden to prove/disprove the source of bacterial pollution on the MS4 permit holder. The Department is currently seeking input from affected stakeholders on potential clarifications to the proposed rules.

Stormwater Needs Assessment Reporting

The deadline for compliance with the first cycle of reporting under the provisions of House Bill 53 (2021 Session) is July 30, 2022. The legislation requires local governments with wastewater or stormwater management systems to create a 20-year needs analysis for each system, including a description of the system, the number of future residents served, revenues and expenditures, maintenance costs, etc. In June, cities were required to submit their data to the county in which they were located. The county would then compile the municipal data with its own information before sending it to the Legislature by the end of July. As of publication of this edition of the newsletter, 24 counties (out of 67) have submitted their compiled survey instrument to the Legislature’s Office of Economic and Demographic Research.

Statewide Stormwater Design Criteria

FDEP continues to move forward with updates to the statewide design criteria for stormwater systems. Attempts were initiated to update the criteria beginning in 2007 but were abandoned in early 2010. The current effort is in response to a legislative directive that passed in 2020. Discharges from projects that are constructed in a manner that is consistent with the design criteria are presumed to comply with water quality standards. FDEP held its first workshop on the updated statewide stormwater design criteria on May 18th; the next workshop is tentatively scheduled for the week of August 22nd. Comments on the rulemaking process or the Summary Report of the Statewide Stormwater Design Criteria Technical Advisory Committee should be sent to [email protected].

Resilient Florida Program Grants

Senate Bill 1954 (2021 Session) seeks to ensure a coordinated approach to Florida’s coastal and inland resiliency issues. The program has several components, one of which are grant opportunities that are available to both individual cities or counties, and also regional entities created by local governments. The goal is for the grants to help communities prepare for the impacts of climate change, such as sea level rise, flooding and intensified storm events. Questions? Visit the Resilient Florida Program, email [email protected], or sign-up for program updates and grant opportunities.

OSTDS Inspection Rulemaking

FDEP has initiated rulemaking revising Chapter 62-6, FAC, concerning inspections of OSTDS by certain private providers.  The rulemaking is necessary to comply with the revisions to Section 381.0065, FS, with the passage of SB 856 during the 2022 Session. A recording of FDEP’s workshop on the rulemaking is available online.

Showcase Your Work = Discounted Conference Rates!

Want to showcase your case study, research project or other valuable stormwater topic with your colleagues throughout the state? FSA invites you to submit a presentation for the 2022 Winter Conference. All presenters receive a 10% discount off their full conference registration. The Call for Presentations deadline is July 29th. It’s not too late, submit a presentation today!

FSA's 2022 Winter Conference is set for November 30 - December 2, 2022, at The B Hotel in Orlando. Be sure to mark your calendar, registration opens in September.

Early Membership Renewal Begins Soon!

FSA’s fiscal year begins November 1, 2022. First renewal notices for Fiscal Year 2022-23 will be sent in August to the primary FSA contact for your organization, allowing local government members to pay next year’s dues with remaining funds from the current fiscal year. Questions? Call (888) 221-3124.

Fogarty Training Center – Last Chance to Renew Stormwater Operator Certification for 2022

Level 1 Manual

Level 2 Manual

Don’t let your FSA Stormwater Operator certification expire! The last opportunity to renew in 2022 will be through online webinars held on November 8, 2022. FSA Certifications must be renewed every five years.  The Fogarty Training Center offers Online Recertification Webinars that provide a convenient, cost-effective way to renew your certification. Register for Level 1 and/or Level 2 today!

Not sure when your certification expires? Log in to your personal FSA profile, scroll down to find your Level 1 and/or Level 2 expiration year or you can view the Stormwater Operator Certification Renewal Date List

FSAEF Scholarship Award – Application Deadline Approaching 

FSAEF Scholarship logo

Applications for the FSA Educational Foundation’s 2022 Scholarship Award are due Friday, August 12, 2022.  The FSAEF will be awarding $2,000 scholarships to be presented at the 2022 Winter Conference in Orlando. The scholarship is available to graduate students attending a Florida college or university whose areas of study include stormwater science, engineering, management, or finance.  Please help us spread the word!

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