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Florida’s Unified Florida’s Unified Stormwater RuleStormwater RuleStatus Status Lake Okeechobee WRAC Lake Okeechobee WRAC November 2007November 2007
FDEP, Chad KennedyFDEP, Chad KennedyPresenting for Eric Livingston and Michael BatemanPresenting for Eric Livingston and Michael Bateman
What is it?What is it?
The Unified Rule will provide a standard The Unified Rule will provide a standard process to ensure appropriate process to ensure appropriate Environmental Resource Permitting Environmental Resource Permitting (ERP) criteria are used for stormwater (ERP) criteria are used for stormwater runoff from new developments runoff from new developments (think water detention and reduced nutrient transport)(think water detention and reduced nutrient transport)
Science has shown improvements are Science has shown improvements are needed needed (we are learning)(we are learning)
Why do we need a Why do we need a Statewide Rule?Statewide Rule?
A study ( Harper 2007) confirmed that on-site A study ( Harper 2007) confirmed that on-site stormwater treatment can be greatly improved. stormwater treatment can be greatly improved. Current rules do not achieve 80% nutrient treatmentCurrent rules do not achieve 80% nutrient treatment Performance Standard will be post-development Performance Standard will be post-development
nutrient load = pre-development nutrient load nutrient load = pre-development nutrient load (based on natural land) (based on natural land)
Current rules are inconsistent between regions Current rules are inconsistent between regions and result in inefficient, complicated, and costly and result in inefficient, complicated, and costly compliance. compliance.
New development is exacerbating the existing New development is exacerbating the existing nutrient transport problem.nutrient transport problem.
UNIFIED STORMWATER UNIFIED STORMWATER RULE CONCEPTSRULE CONCEPTS
One storm does not fit all – 5 rainfall zonesOne storm does not fit all – 5 rainfall zones BMP treatment train requiredBMP treatment train required Credits for nonstructural BMPsCredits for nonstructural BMPs
Green roofsGreen roofs Pervious concretePervious concrete Florida Friendly LandscapingFlorida Friendly Landscaping Disconnect impervious areasDisconnect impervious areas Higher CN for cleared areas (compaction)Higher CN for cleared areas (compaction)
Compensating treatment (WQ Banking)Compensating treatment (WQ Banking) Retrofit sectionRetrofit section Applicant’s Handbook platform- Based on Northwest Applicant’s Handbook platform- Based on Northwest
Florida ERPFlorida ERP
UNIFIED STORMWATER UNIFIED STORMWATER RULE CONCEPTS continuedRULE CONCEPTS continued
Proposed Treatment Standard: Post=Pre Loading for TP & TNProposed Treatment Standard: Post=Pre Loading for TP & TN Presumption that other pollutants will be treated sufficientlyPresumption that other pollutants will be treated sufficiently Each project gets specific evaluation (i.e., soils, rainfall, land use) Each project gets specific evaluation (i.e., soils, rainfall, land use)
resulting in unique site specific resulting in unique site specific removal efficiencyremoval efficiency requirementrequirement Standard methods to calculate requirements with software Standard methods to calculate requirements with software
providedprovided Various tools to achieve post=pre treatment requirementsVarious tools to achieve post=pre treatment requirements Provide credit for individual components of the BMP Treatment Provide credit for individual components of the BMP Treatment
TrainTrain Specific nutrient removal efficiencies provided for retention and Specific nutrient removal efficiencies provided for retention and
wet detentionwet detention Reuse water will play an important roleReuse water will play an important role
Where are we in the Where are we in the process?process?
Chapter 62-347, F.A.C.Chapter 62-347, F.A.C. FDEP Published a Notice of Rule Development FDEP Published a Notice of Rule Development
in the NDR 5/25/07. in the NDR 5/25/07. The SFWMD Governing Board authorized The SFWMD Governing Board authorized
publication of a Notice of Rule Development on publication of a Notice of Rule Development on 5/10/2007, and a Notice of Rule Development 5/10/2007, and a Notice of Rule Development was published in the FAW on 6/1/2007. was published in the FAW on 6/1/2007.
The draft rule is in the development process The draft rule is in the development process within FDEP with WMD representatives and within FDEP with WMD representatives and other experts providing inputother experts providing input
Timeline Timeline (subject to change)(subject to change)
DEP/WMD work group develops conceptual DEP/WMD work group develops conceptual rule (June – Sept, 2007)rule (June – Sept, 2007)
Issues to DEP Secretary/WMD EDs (Oct 07)Issues to DEP Secretary/WMD EDs (Oct 07) Formation of TAC/PAC (Jan 2008)Formation of TAC/PAC (Jan 2008) TAC workshops (March - Sept 2008)TAC workshops (March - Sept 2008) Rule workshops (Oct 2008 – Feb 2009)Rule workshops (Oct 2008 – Feb 2009) Rule adoption by Secretary (May 2009)Rule adoption by Secretary (May 2009) Rule effective (July 2009)Rule effective (July 2009)
TECHNICAL ISSUESTECHNICAL ISSUES
Collecting additional data (EMCs) Collecting additional data (EMCs) Won’t be done until next summer (if it rains!)Won’t be done until next summer (if it rains!)
Preventing ground water pollutionPreventing ground water pollution In Karst, springs, and other basins with HSG “A” soilsIn Karst, springs, and other basins with HSG “A” soils Soil amendments to restrict migrationSoil amendments to restrict migration
Stormwater systems in Karst areasStormwater systems in Karst areas Criteria for designating “Karst Sensitive”Criteria for designating “Karst Sensitive”
Use of wetlands for stormwater treatmentUse of wetlands for stormwater treatment Wet pond littoral zonesWet pond littoral zones Stormwater retrofit optimizationStormwater retrofit optimization
POLICY ISSUESPOLICY ISSUES
Rule adoption: statewide consistency Rule adoption: statewide consistency 1 FDEP or 5 WMDs1 FDEP or 5 WMDs
Establishment of pre-development Establishment of pre-development conditionsconditions
Urban redevelopment treatment Urban redevelopment treatment requirementsrequirements
Standardizing permitting thresholdsStandardizing permitting thresholds Revisions to 62-40Revisions to 62-40 F.A.C. F.A.C. performance performance
standardsstandards Reclaimed water in stormwater pondsReclaimed water in stormwater ponds
LEGISLATIVE ISSUESLEGISLATIVE ISSUES
Streamline rule adoption processStreamline rule adoption process Provide statewide consistencyProvide statewide consistency Provide for grandfatheringProvide for grandfathering Authorize the rebuttable presumptionAuthorize the rebuttable presumption Allow special provisions for urban Allow special provisions for urban
redevelopment and retrofittingredevelopment and retrofitting Bert Harris Act exemptionBert Harris Act exemption
Additional Information Additional Information available from:available from:
FDEPFDEP Eric Livingston, Bureau of Watershed ManagementEric Livingston, Bureau of Watershed Management
[email protected] 850/245-8430850/245-8430 Michael Bateman, Michael Bateman, Betsy Hewitt Betsy Hewitt
SFWMD SFWMD Damon Meiers, Deputy Department Director, Damon Meiers, Deputy Department Director,
Environmental Resource Regulation Department, Environmental Resource Regulation Department, [email protected]. 1-800-432-2045, ext. 6876 or [email protected]. 1-800-432-2045, ext. 6876 or (561) 682-6876(561) 682-6876
