Florida Senate - 2011 CS for SB 934
By the Committee on Environmental Preservation and Conservation;
and Senator Storms
592-02635-11 2011934c1
1 A bill to be entitled
2 An act relating to stormwater management permits;
3 amending s. 373.118, F.S.; requiring that the
4 Department of Environmental Protection initiate
5 rulemaking to adopt a general permit for stormwater
6 management systems serving airside activities at
7 airports; providing for statewide application of the
8 general permit; providing for any water management
9 district or delegated local government to administer
10 the general permit; providing that the rules are not
11 subject to any special rulemaking requirements
12 relating to small business; creating s. 373.4131,
13 F.S.; authorizing certain municipalities and counties
14 to adopt stormwater adaptive management plans and
15 obtain conceptual permits for urban redevelopment
16 projects; providing requirements for establishment of
17 such permits by water management districts in
18 consultation with the Department of Environmental
19 Protection; providing that certain urban redevelopment
20 projects qualify for a noticed general permit;
21 providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Subsection (6) is added to section 373.118,
26 Florida Statutes, to read:
27 373.118 General permits; delegation.—
28 (6) By July 1, 2011, the department shall initiate
29 rulemaking to adopt a general permit for stormwater management
30 systems serving airside activities at airports. The general
31 permit applies statewide and shall be administered by any water
32 management district or any delegated local government pursuant
33 to the operating agreements applicable to part IV of this
34 chapter, with no additional rulemaking required. These rules are
35 not subject to any special rulemaking requirements related to
36 small business.
37 Section 2. Section 373.4131, Florida Statutes, is created
38 to read:
39 373.4131 Conceptual permits for urban redevelopment
40 projects.—
41 (1) A municipality or county that has created a community
42 redevelopment area or an urban infill and redevelopment area
43 pursuant to chapter 163 may adopt a stormwater adaptive
44 management plan that addresses the quantity and quality of
45 stormwater discharges for the area and may obtain a conceptual
46 permit from the water management district or the Department of
47 Environmental Protection.
48 (2) The conceptual permit shall be established by a water
49 management district in consultation with the department and:
50 (a) Must allow for the rate and volume of stormwater
51 discharges for stormwater management systems of urban
52 redevelopment projects located within a community redevelopment
53 area created under part III of chapter 163 or an urban infill
54 and redevelopment area designated under s. 163.2517 to continue
55 up to the maximum rate and volume of stormwater discharges
56 within the area as of the date the stormwater adaptive
57 management plan was adopted.
58 (b) Must presume that stormwater discharges for stormwater
59 management systems of urban redevelopment projects located
60 within a community redevelopment area created under part III of
61 chapter 163 or an urban infill and redevelopment area designated
62 under s. 163.2517 which demonstrate a net improvement of the
63 quality of the discharged water that existed as of the date the
64 stormwater adaptive management plan was adopted for any
65 applicable pollutants of concern in the receiving water body do
66 not cause or contribute to violations of water quality criteria.
67 (c) May not prescribe additional or more stringent
68 limitations concerning the quantity and quality of stormwater
69 discharges from stormwater management systems than provided in
70 this section.
71 (d) Shall be issued for a duration of 20 years, unless a
72 shorter duration is requested by the applicant.
73 (3) Urban redevelopment projects that meet the criteria
74 established in the conceptual permit pursuant to this section
75 qualify for a noticed general permit that authorizes
76 construction and operation for the duration of the conceptual
77 permit.
78 Section 3. This act shall take effect July 1, 2011.