July 2024, Volume 26, Issue 6

Thank you to our Newsletter Sponsors!

 Table of Contents

Agenda Released! Implementing the Statewide Stormwater Rule Seminar

FSA’s Fall Seminar Implementing the Statewide Stormwater Rule is scheduled for September 6, 2024 in Kissimmee. Florida stormwater practitioners are facing new and challenging requirements to meet nutrient reductions for stormwater management projects. After many years of working to update the outdated statewide stormwater rule, SB 7040, the legislative ratification bill, passed and was signed by the Governor on June 28, 2024. Now that the Statewide Stormwater Rule is effective, the rule brings new questions to stormwater practitioners, beyond the need for enhanced stormwater treatment standards. FDEP has recently developed a new outreach tool, the ERP Stormwater Resource Center, which includes links to the updated rule documents, Applicant Handbooks (both I and II), guidance diagrams on how grandfather permitting works, FAQs, and more.

FSA’s Seminar will provide updates since last year’s Navigating the Statewide Stormwater Rule Seminar as we turn our attention to how you, the practitioner, will implement the new rule.  We will review the revisions to the Statewide Stormwater Rule, including the new performance criteria for stormwater systems, the current exemptions and grandfathering provisions added by the Legislature, current requirements such as the Operation and Maintenance plans, the need for inspections, cost and reporting requirements, and finally a discussion on how local governments can achieve these new requirements. FSA greatly appreciates FDEP staff participation and willingness to take questions on the new rule and understand challenges faced as we move into implementation. Audience participation will be encouraged. All registered attendees will receive attendee-only access to the Seminar recording.

After increasing capacity to 250 participants, we have reached capacity. Visit the FSA Seminar webpage for more information including a detailed agenda, registration rates, and more. If you haven't registered, be sure to join the waitlist, we will reach out to you directly as cancellations occur.

FSA & FSAEF Welcomes New Leadership!

The FSA and FSA Educational Foundation's Annual Membership Meeting was held on June 14, 2024, at the Sanibel Harbour Marriott in Ft. Myers. The results are in…

Your new FSA Officers are:

President Melissa Long City of Jacksonville

Vice President Melanie Weed Pinellas County

Secretary-Treasurer Mark Heidecker City of Tallahassee

Past President Shane Williams City of Gainesville

 Melissa Long has named the following Committee Chairs for 2024-25:

Conference Mike Hardin Geosyntec Consultants

Education Lee Mullon Drummond Carpenter

Legislative & Agency Relations Marcy Frick Tetra Tech

Membership Amy Eason Martin County

 The FSAEF Officers are:

Tiffany Busby (Chair) Wildwood Consulting

Curtis Burkett Freese and Nichols

Brett Cunningham Jones Edmunds

Jessica Bruso Ferguson Waterworks

Lee Mullon Drummond Carpenter

For a full list of the FSA and FSA Educational Foundation Board of Directors visit the 2024-25 FSA Board of Directors and FSAEF Board of Directors pages. A big thank you to all Committee Chairs and Board members for their service!

FDEP Triennial Review

FDEP has initiated the process to update state surface water quality standards, an effort that has been in the works for almost a decade.  All surface water quality standards in Chapter 62-4, Chapter 62-302, and Chapter 62-303, F.A.C. are under review and could be part of the review process. A virtual webinar has been scheduled for September 10, 2024 at 9 a.m. EDT to provide an overview of proposed revisions. FDEP has recently been working on updating Human Health Criteria (HHC) and part of that effort included a request from the EPA to update the HHC rules. One would assume this review effort could focus on the HHC updates. A key point of the Triennial Review update is review by the Environmental Regulation Commission (ERC); a Governor appointed group that has not been in place for some time. ERC members are appointed and now in place so the review may be possible. FSA will participate and monitor events as they take place. View the notice for the Triennial Review rulemaking.

FDEP Stormwater Rule Online Workshops

SCOTUS Chevron Decision

The Supreme Court of the United States (SCOTUS) has been heavily involved in decisions concerning wetland jurisdiction procedures for Waters of the United States (WOTUS) but more recently turned to cases that could significantly impact any environmental legal challenges. SCOTUS provided a final decision on Loper Bright Enterprises v. Raimondo and to briefly summarize, this was a fishing company challenging a federal government regulation requiring the company to pay for the monitoring as it fishes, saying the federal agency did not have the authority to make them pay. The original case, which sided with the federal government, utilized the “Chevron Approach” saying the government was the expert and the court did not have the authority to impact policy decisions. That case went through the appeal process and ended up with SCOTUS and on June 28, 2024, a decision was made. Overall, the Chevron approach, also referred to as the Chevron Doctrine, has given agencies the ability to craft policies and regulations with little ability for the regulated community to challenge, but with this recent decision, the judicial authority can now intervene on policy and/or regulatory decisions even if not considered an expert. This ruling may allow judges to intervene in cases more deeply.  For example, this could make future policy decisions more robust before any new requirement is made. FSA will continue to track any cases or government policies impacted by this decision.

Final Draft Lake Okeechobee System Operating Manual (LOSOM) Water Control Plan Available

FDEP Potable Reuse Rulemaking

FDEP has proposed amendments to various sections of Chapter 62, Florida Administrative Code (F.A.C.) targeting sections that discuss potable reuse regulations. FSA has been watching the regulation of reuse for many years, as the impacts of discharges not adequately treated for nutrients to areas inside an MS4 or water quality restoration plan have the potential to be detrimental.  The Chapters revised during this rule making include Chapter 62-550, Drinking Water Standards, Monitoring, and Reporting, Chapter 62-555 Permitting, Construction, Operation, and Maintenance of Public Water Systems, and 62-610, Reuse of Reclaimed Water and Land Application, F.A.C.  The new rule will also include a new proposed Chapter 62-565, Potable Reuse F.A.C. The Department held a public workshop on July 15, 2024 and accepted comments through July 29, 2024.  View the draft rule including a recording of the workshop.

FDEP Funding Portal Open and August State Revolving Fund Workshop

The Protecting Florida Together Funding Portal was opened earlier this summer, specifically as a mechanism to open grant submission for numerous funding programs, such as the Water Quality Improvement Grants, Springs Restoration Grants, Nonpoint Source Management Grants, and Resilient Florida Planning and Implementation Grants. The deadlines for many of these grants are quickly approaching, however we encourage you to stay informed as deadlines can be extended. The Protecting Florida Together Webpage has information for all state grants including deadlines for submissions and contact information.

FDEP is planning for additional information to be presented on August 14, 2024, between 2 p.m. and 4 p.m., via a virtual meeting platform, to discuss recommendations for management of the FY 2024 Clean Water State Revolving Fund Base, Bipartisan Infrastructure Law (BIL) General Supplemental and Emerging Contaminants (EC) and Drinking Water State Revolving Fund Base, BIL General Supplemental, Lead Service Line Replacement, and EC priority lists of projects to be funded with loans under Chapter 62-503 and Chapter 62-552, F.A.C. View the workshop notice.

FDEP Water Quality Enhancement Area (WQEA)/Water Quality Credit Trading (WQCT) Rulemaking

FDEP will be holding their third rule development workshop to continue efforts to develop and update the Water Quality Enhancement Area (WQEA) rule, proposed to be housed in Chapter 62-330, F.A.C.  FDEP will also be providing updates on revisions to the existing rule that covers Water Quality Credit Trading (Chapter 62-306, F.A.C.), focusing on how the two rules will be consistently regulated and implemented by the department. FSA has provided numerous comments and suggestions on draft rule language and will continue to work with FDEP staff as new language is provided for review.  We recommend that members stay informed as both rules move forward, as future water quality restoration or permitting projects could be impacted by efforts associated with these rules. View the draft rule and workshop registration details.

Project Hydrology’s Next-Generation Stormwater Products - FSA’s Emerging Technology Winner!

This year’s FSA Annual Conference featured a revamped, energized, Emerging Technologies Session – Shark Tank Style! The session featured three emerging technologies from exhibitors at the Annual Conference. Each presenter had the opportunity to showcase their technology in a Shark Tank style educational session.  Attendees voted and selected Project Hydrology as the winner!  Here’s a little more about them:

Project Hydrology, Inc. (PHI) promotes revolutionary solutions for stormwater management, pollutant removal, and groundwater recharge. Two of our sustainable stormwater solutions include the Groundwater Energy Passive System^TM (GEPS) and the next-generation Floating Treatment Wetland (FTW) product.

The GEPS system is truly unique and will ultimately transform the way stormwater is managed. The device is installed in vertical arrays that provides moisture equalization within the soil matrix. The device has been shown to improve infiltration of water into the soil up to seven times existing rates. Once installed, there is no maintenance required, and boasts an unlimited lifespan. No other product provides relief from ponding water while significantly increasing recharge to the aquifer. Further, GEPS allows quick and un-intrusive installation for solving existing water problems, with little disturbance of soil and disruption of daily activities.

The second product, Floating Treatment Wetlands^TM (FTW) provides a sustainable low-maintenance improvement to the floating wetland concept. The FTW system’s durable structure provides 8-inches of matrix for root growth/protection and is coated with polyurea for a minimum of 20-year lifespan. Improved floatation provides a “walkable” surface from which to harvest, replant, and perform other maintenance activities. There is no longer a need to “remove” the islands for harvesting/replanting- greatly reducing long-term maintenance costs. FTWs provide an effective means of achieving an additional 12% removal of TP and TN.

Please contact PHI for more information related to these ground-breaking products.

Early Membership Renewal Begins Soon!

FSA’s fiscal year begins November 1, 2024.  First renewal notices for Fiscal Year 2024-25 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.

Showcase Your Work = Discounted Conference Rates!

Do you want to showcase a case study, research project or other valuable stormwater topic with your colleagues throughout the state? FSA invites you to submit a presentation for the 2024 Winter Conference. We do ask that you please limit the number of submissions to no more than three per organization. All presenters are eligible for a 10% registration discount. The Call for Presentations deadline has been extended to July 31, 2024. It’s not too late, submit a presentation today!

FSA's 2024 Winter Conference is scheduled for December 4-6, 2024, at Embassy Suites Orlando Lake Buena Vista South in Kissimmee. Be sure to mark your calendar, registration opens in September.

FSAEF Scholarship Award – Application Deadline Approaching

Applications for the FSA Educational Foundation’s 2024 Scholarship Award are due August 23, 2024.  The FSAEF will be awarding $2,000 scholarships to be presented at the 2024 Winter Conference in Kissimmee. 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!

Florida-Friendly Landscaping Photo Contest & Awards

The University of Florida, Institute of Food and Agricultural Sciences (UF/IFAS) is currently accepting nominations for Florida-Friendly Landscaping^TM projects. To showcase your work with Florida-Friendly Landscaping^TM principles and sustainable landscape practices be sure to visit the UF/IFAS Awards page to learn more.  The application deadline for all awards is September 15, 2024.  There are multiple categories including new construction, green stormwater infrastructure, municipal landscape, and a photo contest.

Florida Stormwater Utility Report Trends – Available Now

FSA wants to take a moment to thank all the local governments that took the time to complete this year's survey as we compile the 2024 Florida Stormwater Utility Report! The Report summarizes the results of FSA's 15th biennial survey of stormwater utilities in Florida. Its purpose is to provide information to both managers and policymakers in state and local government. Trends in the characteristics of the stormwater programs, utility rates and other practices within local government can be observed by comparing FSA's survey results. FSA’s Report is widely recognized throughout Florida by managers and policymakers at both the state and local levels. The primary contact for each FSA member organization and all contributors to the Survey received a complimentary USB copy of the Report in June! The Report can also be found on FSA’s Stormwater Utility Report page where members can download a copy for free.

Fogarty Training Center – Last Chance to Renew Stormwater Operator Certification for 2024

Don’t let your FSA Stormwater Operator certification expire! The last opportunity to renew in 2024 will be through online Recertification webinars held on November 5, 2024. 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 Recertification Course and/or Level 2 Recertification Course today!

Not sure when your certification expires? Log into 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.

 We appreciate your feedback! Please don't hesitate to contact us if you have any questions about FSA.