14-86.002. Definitions

As used in this rule chapter the following terms shall have the following meanings:

(1) “Adjacent Property” means any real property or easement with a shared boundary to the Department’s right-of-way.

(2) “Applicant” means the owner of adjacent property or the owner’s authorized representative.

(3) “Applicable Water Quality Standards” means rules and regulations of state or federal governmental entity(ies) pertaining to stormwater discharges from the Department’s facilities to which the drainage connection is made.

(4) “Critical Duration” means the length of time of a specific storm frequency which creates the largest volume or highest rate of net stormwater runoff (post-improvement runoff less pre-improvement runoff) for typical durations up through and including the 10-day duration for closed basins, i.e. without a positive outlet, and up through the 3-day duration for basins with positive outlets. The critical duration for a given storm frequency is determined by calculating the peak rate and volume of stormwater runoff for various storm durations and then comparing the pre-improvement and post-improvement conditions for each of the storm durations. The duration resulting in the highest peak rate or largest net total stormwater volume is the “critical duration” storm (volume is not applicable for basins with positive outlets).

(5) “Department” means the Florida Department of Transportation.

(6) “Discharge” means the event or result of stormwater draining or otherwise transferring from one property to another or into surface waters.

(7) “Drainage Connection” means any structure, pipe, culvert, device, paved or unpaved area, swale, ditch, canal, or other appurtenance or feature, whether naturally occurring or created, which is used or functions as a link to convey stormwater.

(8) “Facility” or “Facilities” means anything built, installed, or maintained by the Department within the Department’s right-of-way.

(9) “Impervious Area” means surfaces which do not allow, or minimally allow, the penetration of water. Examples of impervious areas are building roofs, all concrete and asphalt pavements, compacted traffic-bearing areas such as limerock roadways, lakes, retention/detention areas, pond liners, and other standing water areas.

(10) “Improvement” means any man-made change(s) to adjacent property which establishes or alters the rate, volume, or quality of stormwater.

(11) “Licensed Professional” means an individual licensed under chapter 471, F.S., authorized by law to design and certify the stormwater management system under review.

(12) “Permit” or “Drainage Connection Permit” means an authorization to establish or alter a drainage connection to the Department’s right-of-way issued pursuant to this rule chapter.

(13) “Permittee” means the individual or entity to which a Drainage Connection Permit is issued.

(14) “Positive Outlet” means a point of stormwater runoff into surface waters which under normal conditions would drain by gravity through surface waters ultimately to the Gulf of Mexico, the Atlantic Ocean, or into sinks, closed lakes, or recharge wells provided the receiving waterbody has been identified by the appropriate Water Management District as functioning as if it recovered from runoff by means other than transpiration, evaporation, percolation, or infiltration.

(15) “Post-improvement” means the condition of property after improvement.

(16) “Pre-improvement” means the condition of property:

(a) Before November 12, 1986; or

(b) On or after November 12, 1986, with connections which have been permitted under this rule chapter or permitted by another governmental entity based on stormwater management requirements equal to or more stringent than those in this rule chapter.

(17) “Right-of-Way” means land in which the Department owns the fee or for which the Department has an easement, devoted to or required for use as a transportation or stormwater management system.

(18) “Stormwater” or “Stormwater Runoff” means the flow of water which results from and occurs immediately following a rainfall event.

(19) “Stormwater Management System” means a facility which is designed and constructed or implemented to control stormwater, incorporating methods to collect, convey, store, infiltrate, treat, use, or reuse stormwater to prevent or reduce flooding, pollution, and otherwise affect the quantity or quality for the receiving water body or downstream property.

(20) “Surface Water” means water upon the surface of the earth whether contained in bounds created naturally or artificially or diffused. Water from natural springs shall be classified as surface water when it exits onto the earth’s surface.

(21) “Watershed” means the region draining or contributing water to a common outlet, such as a stream, lake, or other receiving area.

Rulemaking Authority 334.044(2), (15) FS. Law Implemented 334.044(15) FS. History–New 11-12-86, Amended 1-20-09, 2-6-19.