May 2024, Volume 26, Issue 5


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 Table of Contents


Celebrating the Life and Career of Keith Fogarty

Keith FogartyIt is with great sadness that we share the passing of Keith Fogarty, a beloved leader, advocate, and champion of the stormwater community. Keith was an active member of FSA since its inception in 1993 serving on FSA’s Board of Directors, as FSA’s President and in countless FSA leadership positions. His unwavering dedication and tireless efforts have left an indelible mark, and his passion will continue to inspire us for years to come.

Throughout his career, Keith was a true visionary, constantly pushing the boundaries of stormwater management and championing the importance of environmental stewardship. His passion for educating others about the critical role of stormwater systems was unparalleled, and he tirelessly worked to advocate for a training program focused on stormwater operators in the state. Keith's commitment to his craft was matched only by his compassion and kindness. He was a mentor to countless individuals, generously sharing his expertise and guiding them towards success. His infectious enthusiasm and unwavering support have left a lasting mark on all who had the privilege of working with him.

As we mourn the loss of this remarkable individual, we also celebrate the profound impact he had on the stormwater industry. The Fogarty Training Center, which bears his name, will continue to stand as a testament to his passion and dedication, inspiring future generations of stormwater professionals to carry on his work.

Our heartfelt condolences go out to Keith's family, friends, and all those whose lives he has touched. His legacy will live on, and we will strive to honor his memory by continuing to build upon the foundation he has laid, ensuring that the importance of stormwater education remains at the forefront of our collective efforts.


The Wait Continues for an Effective New Statewide Stormwater Rule

The 2024 Legislative Session ended in March and FSA along with many others continues to wait for the Ratification of the Statewide Stormwater Rule (SB 7040) which has not yet been delivered to the Governor for signature. SB 7040 will need to be signed by the Governor and passed into law before it becomes effective. As of May 30th, the Governor has signed 225 of the 325 passed bills from the 2024 Legislative Session. Once effective, we move onto the next important step, implementation. Visit the Stormwater Rule section of FSA’s Advocacy page for updates. As a reminder, FDEP will be joining us at the 2024 Annual Conference to highlight the status of the Rule and the revisions made to the bill during the 2024 Legislative Session. In addition, FSA will have two more opportunities to learn more - this September, we will host our Fall Seminar in Kissimmee with a full day discussion on the Statewide Stormwater Rule. FDEP will be on hand to provide more details and answer questions. In December, the Statewide Stormwater Rule will be included as part of our biennial “DEP Day” at the 2024 Winter Conference in Kissimmee.


Florida 404 Program Heads Back to Court

The battle over permitting authority of Florida wetlands continues as FDEP challenged the February 2024 appellate court decision from the U.S. District Court in Washington D.C which vacated the state’s authority to have full oversight of the 404 Wetland Permitting Program. On April 25, 2024, FDEP filed a motion to stay the appellate court’s decision and continue wetland permitting, as they work on a separate effort appealing the overall February decision. FDEP also requested an expedited review of the stay request, which was denied on May 20, keeping the February decision in place. The wetland regulatory process in Florida continues to be a challenge for stakeholders with active permits. The Federal government has noted that they will start handling permitting requests via the US Army Corps of Engineers Jacksonville office, yet that comes with more questions on the process and potential delays for actions or decisions.  FSA will continue to track this issue, including any updates on the wetland permitting process or procedures, and keep members posted as new information becomes available.


Protecting Florida Together Funding Portal Is Open

The opportunity for members to submit grants to FDEP for funding of projects is now open. The Protecting Florida Together website has numerous opportunities available, such as the Water Quality Improvement Grant (which includes subcategories for the Indian River Lagoon, Biscayne Bay, and Caloosahatchee programs), Springs Restoration Grants, and Nonpoint Source Management Grants. Each grant type has specific provisions and requirements, and we recommend reviewing the website for more information or asking FDEP staff for clarification. The portal is open now and is scheduled to close on June 30th.

Water Quality Enhancement Area (WQEA) Draft Rule Language

FDEP continues to move forward with the development of a Water Quality Enhancement Area Rule (WQEA) and has posted the updated draft WQEA Rule for review. FDEP requested comments on the rule by May 2, 2024, you can view FSA’s WQEA comments on the FSA advocacy page. FSA continues to recommend that members stay informed and participate by providing comments and questions to FDEP.  For updated draft rule language, workshop details, and contact info for providing comments, visit FDEP’s Water Quality Enhancement Area Rulemaking website.


EPA Stormwater Planning Guidance Materials

On April 25, 2024, the EPA provided new guidance for stormwater master planning efforts by local governments.  The new guidance and educational materials are located on the EPA Stormwater Planning website and includes guidance documents on planning and stormwater asset management, outreach, and a set of examples to see how the process works. EPA included a set of worksheets that can be utilized to better assist with moving forward with the planning process. All the worksheets are downloadable with helpful step by step processes for the user.  As you work through asset management, consider this tool to help assist with any asset or infrastructure planning method that includes stormwater.


PFAS Compounds Designated for CERCLA

On May 8, 2024, the US Environmental Protection Agency (EPA) issued the final ruling designating PFOA and PFAS as hazardous substances under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) section 102A. This ruling will take effect on July 8, 2024. The designation is based on the knowledge that the PFOA and PFAS compounds are considered hazardous to public health and the environment. In early April 2024, EPA released final drinking water standards for six individual PFAS compounds, and many sectors are working towards further understanding how this new standard will be addressed in the regulatory sector.


Did You Miss FSA’s May Webinar?

Did you miss FSA’s Stormwater Master Planning: Embracing Technology and Resilience Webinar?  Don’t worry, we’ve got you covered!  Visit FSA’s webinar page to download the presentation and view the recording. The webinar explored the evolution of stormwater master planning emphasizing the integration of Geographic Information Systems (GIS) and other technologies (include AI), the shift towards viewing stormwater as a resource, and the increasing focus on climate resilience. The webinar was brought to FSA members free of charge thanks to the sponsorship of Applied Sciences.


FSA’s Annual Conference Reaches Capacity 

FSA’s 2024 Annual Conference will be held June 12-14, 2024, and will explore Waves of Change: Stormwater Management Solutions. This year’s event features a number of presentations on current stormwater topics including a review of the 2024 Legislative Session and the impacts to water policy across the state, a Statewide Stormwater Rule Overview, an Emerging Technologies session– Shark Tank Style, and much more! Attendee registration is closed but there are still opportunities for exhibitors and sponsors to participate! If you are unable to join us in June, we hope that you will consider joining us for future events!  Mark your calendars now for FSA’s Fall Seminar on September 6, 2024, and the FSA Winter Conference to be held December 4-6, 2024, both in Lake Buena Vista – stay tuned, details coming soon!


FSA Elections Coming Soon – Nomination Deadline is June 3rd!

FSA is looking for dynamic leaders dedicated to ensuring the continued success of the Association.  There will be elections to fill vacancies on the Boards of Directors of the Florida Stormwater Association and the FSA Educational Foundation during the Friday business meeting at the Annual Conference.  This is your chance to help lead the primary organization dedicated to furthering the stormwater management profession and water quality improvement programs in Florida.  

We want to hear from you! If you’re interested in serving, please complete a Leadership Nomination form today!  Hurry, the deadline to submit candidate information is June 3rd!  After June 3rd, nominations will only be accepted from the floor at the in-person membership meeting.  View current nominations here.

Elections will occur at the Annual Membership Meetings of the FSA and FSA Educational Foundation, mark your calendar now!  The meetings will occur on Friday, June 14, 2024, at the Sanibel Harbour Marriott from 9:00 a.m. – 9:45 a.m.  We hope to see you there!


Join a FSA Committee in 2024!

Put your passion for the stormwater industry to work by joining a FSA Committee! Visit FSA’s Committee page to see current Committee members and be sure to complete a Request Form prior to June 21, 2024. Appointments to FSA's Committees will occur in July. Note that reappointment to a committee is not automatic so submit your request today. Want to learn more? Visit the FSA Leadership Structure page for details.


FSA Educational Foundation is Providing Scholarships!

The FSA Educational Foundation’s Scholarship Program awards financial assistance to qualified graduate students attending Florida colleges and universities.  Applications are accepted annually from graduate-level students in colleges or schools of engineering, natural science, public administration (or closely related fields) that have an interest in stormwater quality, management, or finance.  Qualified applicants should submit an application along with supporting materials by August 23, 2024.


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