1. When did the Statewide Stormwater Rule Ratification Senate Bill 7040 go into effect?
- The Statewide Stormwater Rule Ratification Bill (SB 7040) was signed into law (Chapter 2024-275, Laws of Florida) on June 28, 2024. Pursuant to s.120.54(3)(e)6, Florida Statutes, the revised stormwater rules are now in effect upon that ratification date, June 28, 2024.
2. Permit that were submitted before the effective date but reviewed and deemed complete after, what requirements apply to that permit?
- The date of completion of a permit is when it is submitted to the WMD with no further RAIs. If the permit requires an RAI after the effective date, then the completed submittal is not before the effective date and it has not been deemed complete and must now consider the new requirements of the ERP rule.
3. Where can I find the updated Applicant Handbook Volume I?
- Within the Department of State’s website for the rule section, 62-330.010, Florida Administrative Code, a link to the incorporated he Applicant Handbooks is available.
4. What sections or chapters were revised in Applicant Handbook Volume I?
- Chapter 1 Introduction.
- Chapter 2 Definitions and Terms.
- Section 3.1.2 Grandfathered Activities.
- Chapter 8 Criteria for Evaluation.
- Chapter 9 Stormwater Quality Treatment Evaluations.
- Chapter 11 Erosion and Sediment Control.
- Chapter 12 Operation and Maintenance Requirements.
5. How do I know which Applicant Handbook Volume II to reference for my project?
6. Where can I find the newly required forms to be submitted at the time of application?
- Look for these under the "New Forms per 2024 Ratification” heading at the ERP Stormwater Resource Center website. Form 62-330.301(26) “Financial Capability Certification is required to be submitted at the time of application.
7. When will the new Performance Standards take effect?
- Applications for individual and general permits, which have been deemed complete after December 28, 2025 (i.e., 18 months from the rule effective date), will be required to meet the revised Stormwater Quality Nutrient Permitting Requirements.
8.How do I know which Performance Standard generally applies to my project?
- The Performance Standards are based on project location within a Hydrologic Unit Code (HUC) 12 boundary and downstream correlation to Impairments or waters designated as an Outstanding Florida Waters (OFWs). A map which aids applicants in determining the criteria in Section 8.3 to be met is located here: HUC 12 Boundaries with Impaired Waters and OFWs.
9. Project is in a HUC 12 that is upstream and adjacent to a HUC 12 with an impairment, which criteria should be used?
- If the project is in a HUC 12 that does not contain an impaired water or an OFW, the project shall follow section 8.3.2 for its TN and TP criteria and also demonstrate a net improvement for the pollutant of concern as described in section 8.2.3.
10. Are there still design and performance standards within the Applicant Handbook Volume II’s?
- Yes, there are still design and performance standards specific to each WMD. These generally relate to flood protection, attenuation, design storm recovery and/or special basin criteria.
11. When will a Qualified Inspector be required for stormwater inspections?
- Permits issued after June 28, 2024, will require permittees to utilize a Qualified Inspector for all required inspections conducted after June 28, 2025 (i.e., one year from the rule effective date).
12. What are the new Additional Dam System Criteria and who do they apply to?
- Dam owners. Appendix L contains four permitting criteria that apply when the proposed activity is for construction of a new dam or alteration of an existing dam. The following information is required in the application:
- Provide the characteristics for each new and existing dam.
- Establish the Downstream Hazard Potential for each new and existing dam.
- Develop Emergency Action Plans for High Hazard Potential and Significant Hazard Potential dams.
- Provide Condition Assessment Reports for existing High Hazard Potential and Significant Hazard Potential dams.
13. What section of the rule addresses the effective revisions to Operation and Maintenance Entities and is the Certification of Financial Capability form required from all entities?
Section 12.3.1 outlines acceptable operation and maintenance (O&M) entities and classifies them into groups (a)-(f). Certain additional restrictions apply as noted in 12.3.1(e) & (f), for that type of entity specified in 12.3.3 and 12.3.4 to be considered an acceptable O & M entity.
- Where rule language, later, denotes "All operation and maintenance entities", it shall apply to all entities categories (a)-(f). This includes 12.3.5 and 12.4-12.8, because they generally establish additional documentation or process requirements expected from all O&M entities. Unless those sub-sections specifically denote an acceptable alternative document or process for a particular O&M entity, these sub-sections apply to all O&M entities. Therefore, applicants must submit Form 62-330.301(26), “Certification of Financial Capability for Perpetual Operations and Maintenance Entities” at the time of permit application.
14. What are the rule requirements that apply for my Conceptual Approval Permit under Section 3.1.2(e):
For existing “unexpired” conceptual approval permits issued before 6/28/2024:
- All subsequent individual phases, “consistent with the designs and conditions of the issued conceptual approval permit” are exempt from the new stormwater performance standard requirements.
- This exemption shall apply to any modification of such permit that is not a major modification or that does not cause substantially different water resource impacts.
- Individual permits to construct and operate future phases issued before 6/28/2024 shall use all forms in effect at the time the permit was originally issued.
- Individual permits to construct and operate future phases issued after 6/28/2024 shall use the new required forms.
For new conceptual approval permits issued after 6/28/2024 are not grandfathered and must use the new stormwater performance standard as follows:
- All subsequent general or individual permit applications to construct and operate future phases consistent with the conceptual approval permit will not require the new stormwater performance standards if the application is deemed complete on or before 12/28/2025. Permits issued for applications deemed complete after 12/28/2025 would require the new stormwater performance standard.
- Individual permits to construct and operate future phases issued after 6/28/2024 shall use the new required forms.
15. What is considered a “final development plan” and a “Planned Unit Development” within Section 3.1.2(i):
A Planned Unit Development means an area of land that is planned and developed as a single entity or in approved stages with uses and structures substantially related to the character of the entire development, or a self-contained development in which the subdivision and zoning controls are applied to the project as a whole rather than to individual lots. Alternative terms for a planned unit development (PUD) could be a master planned community, an urban and rural fringe area, or a stewardship receiving area (SRA).
A Planned Unit Development final development plan means the plan documents, including the stormwater management and design plans, that were required by a local governing body for that body to approve the plan through a local ordinance, resolution, or other final action.
16. What specific grandfathering exemptions apply to my stormwater management and designs plans within Section 3.1.2(f-i):
- Stormwater management and design plans submitted before Jan. 1, 2024:
- To a local government agency as part of a local building permit or as part of a site plan or subdivision plat approval.
- To a local government agency as part of a regional stormwater management system designed and permitted pursuant to an effective permit under part IV of Chapter 373, F.S.
- Stormwater management and design plans where the following were issued or approved before Jan. 1, 2024:
- With a binding ecosystem management agreement executed by the department pursuant to section 403.0752, F.S.
- For a valid development of regional impact as defined in section 380.06, F.S., with a development order, as defined pursuant to section 380.031, F.S.
- For a planned unit development final development plan approved pursuant to a local ordinance, resolution, or other final action by a local governing body.
