The Fall Seminar, MS4 Permits: Demonstrating Compliance with New Permits, will be held September 16, 2022, in Lake Buena Vista. The sold-out Seminar will 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. If you would like to be added to the waitlist, please visit the FSA Seminar page and fill out the waitlist form.  If you are unable to join us in September, we hope that you will consider joining us for FSA’s Winter Conference to be held November 30 – December 2, 2022 in Lake Buena Vista – save the date, details coming soon!

FSA Membership Renewals Have Begun!

Keep your membership current and don’t miss any of the great member services that are available to ALL of the employees in your organization! First renewal notices for FSA’s 2022-23 fiscal year were sent in mid-August by mail and email to the primary contact for your organization. These early notices were sent to allow local government members to pay next year’s dues with remaining funds from the current fiscal year. If you are the primary contact for your organization, keep an eye on your inbox for renewal emails from FSA. Questions? Call us at (888) 221-3124.

Statewide Stormwater Rule Development

FDEP continues to move forward with updates to the statewide design criteria for stormwater systems. FDEP’s first workshop on the updated criteria was held on May 18, 2022; the second workshop is scheduled today, August 31, 2022 from 10:00 AM – 5:30 PM. General information on the Department’s initiative to update the statewide stormwater rule may be found on FDEP’s Clean Waterways Act webpage. Discharges from projects that are constructed in a manner that is consistent with the design criteria are presumed to comply with water quality standards, although studies done in 2006 found that the criteria used at that time did not fulfill that goal. Attempts were initiated to update the criteria beginning in 2007 but were abandoned in early 2010. The current effort is in response to legislation that passed in 2020. Comments or questions concerning the proposed criteria should be directed to [email protected].

Blue-Green Algae Task Force

Resiliency Grants Application Deadline is September 1st

The Resilient Florida Program includes grants that are available to cities, counties, water management districts, flood control districts and regional resilience entities. Eligible applicants may receive funding assistance to analyze and plan for vulnerabilities, as well as implement projects for adaptation and mitigation. Local governments who are interested in applying for grant funds can do so through FDEP’s Application Portal by September 1, 2022. Questions? Contact [email protected].

Stormwater Needs Assessment Reporting Rate Increases

The deadline for compliance with the first cycle of reporting under the provisions of House Bill 53 (2021 Session) was July 30, 2022. Follow-up discussions initiated by the Legislature’s Office of Economic and Demographic Research have helped to improve the response rate from local governments: 52 of Florida’s 67 counties have now compiled the reports from their cities, combined that information with their own county data, and submitted (and sometimes later updated) the survey instrument sent to EDR. HB 53 required 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. Once the survey data is finalized, EDR will prepare a report for Legislative leadership.

 2023 Legislative Session Dates

Below are the key dates for the 2023 Regular Session of the Legislature. Mark your calendars!

August 1, 2022 - Deadline for filing Senate claim bills
November 2022 - Organizational Session, elect 2023-24 Speaker of the House & President of the Senate
March 7, 2023 - Regular Session convenes and deadline for filing bills for 2023
May 5, 2023 - 60th day - last day of Regular Session

WOTUS Update

There have been no new regulatory developments on EPA’s proposed new set of WOTUS definitions. But WOTUS-watchers should closely follow two actions affecting EPA’s rulemaking effort:  The US Supreme Court has scheduled oral arguments for October 3, 2022 on an appeal of a decision of the Ninth Circuit Court 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 impact EPA’s WOTUS strategy. Also, the logic of a recent decision of SCOTUS limiting the ability of EPA to regulate greenhouse gases could be applied to other regulatory policies, including those implementing the CWA. In the greenhouse gas decision, SCOTUS struck down recent EPA rules, saying that the policy had significant economic impacts on industry and Congress did not grant specific authority to EPA to adopt such regulations. 

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, and you may also view FSA’s comments here. FSA’s primary concern with the proposed rules is that it tends to place most of the burden to prove or disprove the actual source of bacterial pollution on the MS4 permit holder. The Department is currently seeking input from affected stakeholders on potential modifications to the proposed rules.

Water Quality Grants

FDEP’s website on Water Project Funding Sources provides information on a variety of funding sources for local water quality projects, including planning, construction, and public education. Contact FDEP Division Program Staff for more information.

Winter Conference – Registration Opening Soon!

We are excited to introduce FSA’s 2022 Winter Conference to be held November 30 - December 2, 2022 at the B Resort & Spa in Lake Buena Vista. FSA is Florida’s greatest source for stormwater education. The conference will host an array of workshops to meet all of your continuing education needs including Laws, Rules, and Ethics for Professional Engineers, the biennial FDEP Day and two days of workshops addressing issues facing Florida’s stormwater community. Registration will open in September. Mark your calendars now so you don’t miss out!

Fogarty Training Center – Does your Certification Expire in 2022?

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 by Friday, October 31st to save your seat! 

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. 

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