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March 2025, Volume 27, Issue 3

Thank you to our Newsletter Sponsors!

 Table of Contents

FSA's Annual Conference - It's Not Too Late to Exhibit

We are delighted to announce the highly anticipated FSA 2025 Annual Conference, taking place at the beautiful Sanibel Harbour Marriott from June 11-13, 2025.  This will be our final gathering at this location, so we hope to see you there! The theme this year is “Navigating Stormwater: Past Insights, Future Solutions,” promising to provide valuable insights and innovative solutions to industry professionals.

For those looking to showcase their company, exhibitor and sponsor opportunities are still available. This is the prime chance to gain exposure in front of a packed house. Don’t miss this unique opportunity.

If you are looking to attend the conference, get ready for an exciting conference filled with engaging sessions led by top industry experts and thought leaders! Our lineup covers a wide range of regulatory, technical, and management topics crucial to your work. Don't miss out - registration is still open! Secure your spot on a first-come, first-served basis before we reach our attendee capacity. Register now and join us for an unforgettable event!

FSAEF Stormwater Scholarship Award

The FSA Educational Foundation’s Scholarship Program provides financial assistance to eligible students enrolled in Florida colleges and universities with a focus on stormwater research, management, or finance. In 2025, the Foundation will award a minimum of $2,000 per recipient. Graduate students in engineering, natural science, public administration, or related fields who are interested in stormwater quality, management, or finance are encouraged to apply. The deadline to submit an application is August 8, 2025. Please help us spread the word about this opportunity!

2025-26 FSA & FSAEF Board Elections in June

The Florida Stormwater Association (FSA) is seeking enthusiastic leaders committed to upholding the Association’s ongoing success. Elections will be held to fill vacancies on the Boards of Directors for both the Florida Stormwater Association and the FSA Educational Foundation during the Annual Membership meeting on Friday at this year’s Annual Conference. This is an opportunity for you to play a key role in guiding the leading organization dedicated to advancing the stormwater management profession and enhancing water quality improvement programs in Florida.

What’s in it for you?

  • An opportunity to enhance the value and set the direction of FSA and FSAEF
  • A significant role in advancing your profession and water quality programs
  • Access to up-to-date information about the challenges facing your profession
  • The chance to exchange ideas and perspectives with other volunteer leaders

We want to hear from you! If you’re interested in serving or if you know of a member that you would like to recommend to serve, please send your recommendation to [email protected] or complete a Leadership Recommendation Form today! Recommendations must be submitted by June 2, 2025. To view current nominations for the 2025-26 Board of Directors visit FSA’s Elections page.

Florida Legislative Session Update

In March, FSA was actively engaged in discussions with legislators regarding numerous bills that are crucial to Florida’s stormwater community. FSA is monitoring 106 bills, with twelve of them being on our Priority Issues list. Stormwater management was a major focus, of multiple Senate and House bills, including SB 810 (Stormwater Management Systems), SB 712/HB 683 (Construction Regulations), SB 1436/HB 739 (Sanitary and Stormwater System Standards), and SB 1548/HB 1477 (Florida Building Code).

One major concern is SB 810, which initially proposed that local governments inspect all stormwater facilities within their jurisdiction and report annually to the Division of Emergency Management. While the bill passed its first committee stop, it was later amended to require MS4s to conduct annual inspections, identify areas with failing infrastructure and known flooding issues, and report this information to FDEP. Despite the bill’s scope being narrowed, there is still a concern that stormwater systems are not designed to address tropical storm or significant rain events so asking MS4s to identify flooding issues adds liability on MS4s. FSA continues to work with SB 810 sponsor, Senator Danny Burgess and his team to provide better options and revisions to this bill that will achieve the goal of flood protection. The bill is now with the Fiscal Policy Committee.  We encourage you to voice your concerns about the implications of this bill.

Other bills that FSA has opposed this session have not made significant progress in terms of advancing through committees. However, bills like SB 50/HB 371 (Nature-based Methods for Improving Coastal Resilience) have made strides and may pass this session.  As March comes to a close, the legislative session will have reached its halfway point, and bills that have not made significant progress will face challenges moving forward. FSA will continue to communicate with legislators and track all bills that could impact stormwater programs. FSA’s will continue the weekly Priorities Issues document emailed directly to each member every Friday until the end of Session.

FDEP Provides Draft Phase 1 MS4 Permit

FDEP has released a draft Phase 1 MS4 Permit in March.  This draft should be considered a template for others waiting for their respective Phase 1 permit to be released.  A copy of the draft permit is available, along with the permit fact sheet that outlines the changes made from Cycle 4 to Cycle 5 permits.  FSA is currently reviewing these changes and will work with permittees and FDEP to address any concerns with these draft permits as they move forward.  If a member would like to receive more information or permit materials, please contact FDEP staff or FSA and that information can be provided.

New Guidance for WOTUS

The continual moving target that is federal government wetlands regulation has taken another turn with the recent announcement from EPA and the USACE regarding revised rule language and guidance on wetlands identification for federal permitting oversight. In a joint memorandum released in March, both federal agencies provided field staff with guidance on the implementation of “continuous surface connection” in line with the 2023 U.S. Supreme Court’s Sackett v. Environmental Protection Agency decisions. One of the most significant changes is the removal of the “significant nexus test” in determining wetlands, with a greater emphasis now being placed on the connection to navigable waters. In addition to the new guidance, EPA and the USACE issued a notice in the Federal Register regarding the intent to engage with stakeholders and gather recommendations on the meaning of key terms such as "relatively permanent" and "continuous surface connection," to clarify the WOTUS definition and to ensure clearer implementation. There are six listening sessions in April-May to hear from stakeholders with a deadline of April 23, 2025 for written recommendations via the Federal eRulemaking Portal to provide feedback on the definition of “Waters of the United States.” The listening sessions could lead to administrative action, such as rulemaking to amend the existing regulations defining WOTUS.  

New Staff Announced - Region 4 EPA

An EPA Region 4 Administrator has been appointed to lead the EPA Region 4 office.  Kevin J. McOmber, PE, will be leading the regional office overseeing Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, and six federally recognized Tribes.  With over 30 years of experience in civil engineering, construction management, and community development projects, Mr. McOmber brings expertise in environmental planning, water resources, stormwater management, and sustainable urban development. The collaboration between the new administration and FDEP on regulatory items like water quality standards (both submitted by FDEP and posted by EPA in 2024), TMDLs, and permitting will be of great interest and could potentially impact Florida’s regulated community. The approach taken by Mr. McOmber and his team in addressing these issues will be closely watched as they navigate the complex landscape of environmental regulations and work towards ensuring a sustainable future for the region.

A hearing on the nomination of Jessica Kramer to be the EPA Assistant Administrator was held by the U.S. Senate Committee on Environment & Public Works on March 26th.  Jessica brings a wealth of experience and expertise to this role. Previously, Jessica served as Director of Environmental Planning and Assessment at FDEP where she gained valuable experience in managing Florida’s environmental programs and policies.

NPDES SCOTUS Decision - City and County of San Francisco v. Environmental Protection Agency

A recent decision by the Supreme Court of the United States (SCOTUS) in March regarding an NPDES permit has broad implications nationwide, particularly in relation to the use of narrative criteria as a permitting mechanism.  The ruling from the Supreme Court clarifies that the Clean Water Act (CWA) does not authorize the inclusion of end-result requirements in NPDES permits, many of which are based on narrative limits. This decision could impact EPA and State CWA NPDES permit end-result criteria, rendering the criteria unenforceable and requiring the inclusion of specific numeric criteria.

As a result of this ruling, EPA and State agencies may need to make substantial changes to their approach to wastewater, stormwater, and general permitting. This change may include the need to impose more detailed numeric permit conditions to meet the now unenforceable requirements. While this shift may help permittees better understand compliance obligations, it will also require the establishment of numeric criteria for a wide range of pollutants. This could present further challenges in determining appropriate levels that are acceptable for a permit.

FDEP NPDES Permit Update

FDEP is proposing updates to the Construction General NPDES Permit (Chapter 62-621, F.A.C., Generic Permits - Generic Permit for Stormwater Discharge from Large and Small Construction Activities). The notice from FDEP outlined that these updates aim to provide clarity on existing requirements for the regulated community, incorporate new practices that safeguard water quality, and enhance regulatory efficiency. The updated practices will include the establishment of new buffer zones, the implementation of new requirements for dewatering practices, and the introduction of mechanisms for corrective actions. FDEP is currently accepting comments from stakeholders on the proposed NPDES updates, and additional information can be found through the FDEP Rules Under Development website.

Florida Creates the Department of Governmental Efficiency

In February, Governor Ron DeSantis announced the creation of the Florida State Department of Governmental Efficiency task force.  This task force, as outlined by the Governor, has been tasked with eliminating government waste and ensuring accountability within the state of Florida. The primary focus of the Task Force, which to some degree mirrors federal efforts, will be scrutinizing state agencies’ spending habits and evaluating the necessity of various task forces. However, it is worth noting that the Task Force will also be conducting audits on local governments. The purpose of these audits, as stated in the Governor’s announcement, is to uncover any excessive spending or “bloat” within local government budgets.  The specific strategies and approaches that the state task force will use are still in the process of being determined.  FSA will be closely monitoring these developments.  It is important to recognize that aside from the auditing of local governments, this initiative could potentially impact the funding of projects and state-funded programs.

Did You Miss FSA's March Webinar?

Did you miss FSA’s “AI in Action for Stormwater Management” webinar? Don’t worry, we’ve got you covered!  Visit FSA’s webinar page to download the presentation and view the recording. The presentation explored the practical applications of AI in daily activities such as communication, technical writing, and data analysis and examined how AI can improve our current stormwater management systems' resilience and water quality performance. The webinar was brought to FSA members free of charge thanks to the sponsorship of Applied Sciences.

The Original Industry Standard for Florida Stormwater Practitioners!

The FSA Fogarty Training Center offers online and in-person Level 1 and Level 2 Stormwater Operator Certification Courses. FSA's Stormwater Operator Certification Training helps to fulfill FDEP's training requirements of your MS4 permit for appropriate stormwater management personnel in Illicit Discharge Inspections; Spill Prevention and Response; Good Housekeeping; Construction Site Plan Review; and Construction Site Inspections!

Last Chance to Register for FSA’s April 9th Level 1 and Level 2 Recertification - The Level 1 and Level 2 Recertification courses provide previously trained Certified Stormwater Operators with updated information to ensure that the most current standards and best management practices are being followed within stormwater management systems. Check the FSA Stormwater Operator Certification Renewal Date List for your certification's expiration date. Register by March 31, 2025 (TODAY) to save your seat!

  • Level 1 - April 9, 2025 - 9:30 - 11:30 a.m. Eastern / Online
  • Level 2 - April 9, 2025 - 1:30 - 3:30 p.m. Eastern / Online

Visit the Level 1 Course page for more details and a full list of dates and locations.

Visit the Level 2 Course page for more details and a full list of dates and locations.

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