ELULS.orgThe Environmental and Land Use Law Section of The Florida Bar
Section Reporter

July 2007

COLUMNS  
     

ELULS.org  New Stormwater Quality Rules will emphasize
the Reduction of Nutrients
  Susan Roeder Martin

      

On May 25, 2007, the Florida Department of Environmental Protection (DEP), initiated rule development to adopt new stormwater permitting rules for Florida. The rules will be set forth in new Chapter 62-347, F.A.C. Similar rules are expected to be considered for incorporation into each of the water management districts’ rules or adopted separately by the water management districts. On June 1, 2007, the South Florida Water Management District also initiated rule development to incorporate new Rule 62-347, F.A.C.

The rules are expected to reflect new research on design and performance standards for stormwater systems and emphasize today’s understanding of the impact of nutrient discharges from surface water management systems on water quality. The new rules are expected to continue to use a reasonable assurance standard for the evaluation of permit applications.

Best Management Practices (BMPs) are expected to be relied on. BMPs will likely include: retention systems; biofiltration systems; exfiltration trenches; swale systems; wet detention; wetland surface water management systems; reuse; and vegetated natural buffers.

Rule text was not published with the initial notice of rulemaking. A technical advisory committee is expected to be set up late in the year to provide input. Rule workshops will then be held throughout the state by DEP with the participation of the water management districts. The effective date goal for the rule is January 1, 2009.



 

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