62-40.431. Stormwater Management Program

(1) Effective stormwater management is essential to reduce existing nonpoint source pollution problems and to protect surface water resources from stormwater pollution from existing and new land uses.

(2) The following goals are established to provide guidance for Department, District and local government stormwater management programs:

(a) The primary goals of the state’s stormwater management program are to maintain, to the maximum extent practical, during and after construction and development, the pre-development stormwater characteristics of a site; to reduce stream channel erosion, pollution, siltation, sedimentation and flooding; to reduce stormwater pollutant loadings discharged to waters to preserve or restore designated uses; to reduce the loss of fresh water resources by encouraging the recycling of stormwater; to enhance ground water recharge by promoting infiltration of stormwater in areas with appropriate soils and geology; to maintain the appropriate salinity regimes in estuaries needed to support the natural flora and fauna; and to address stormwater management on a watershed basis to provide cost effective water quality and water quantity solutions to specific watershed problems.

(b)               Inadequate management of stormwater throughout a watershed increases stormwater flows and velocities, contributes to erosion and sedimentation, overtaxes the carrying capacity of streams and other conveyances, disrupts the functions of natural systems, undermines floodplain management and flood control efforts in downstream communities, reduces ground water recharge, threatens public health and safety, and is the primary source of pollutant loading entering Florida’s rivers, lakes and estuaries, thus causing degradation of water quality and a loss of designated uses. Accordingly, it is a goal to eliminate the discharge of inadequately managed stormwater into waters and to minimize other adverse impacts on natural systems, property and public health, safety and welfare caused by improperly managed stormwater.

(c) It shall be a goal of stormwater management programs to reduce unacceptable pollutant loadings from older stormwater management systems, constructed before the adoption of Chapter 62-25, F.A.C., (February 1, 1982), by developing and implementing watershed management and stormwater master plans, or District-wide or basin-specific rules, or by implementing basin management action plans.

(3) Stormwater Management Program Implementation – As required by Section 403.0891, F.S., the Department, Districts and local governments shall cooperatively implement on a watershed basis a comprehensive stormwater management program designed to minimize the adverse effects of stormwater on land and water resources. Stormwater management programs shall use a combination of nonstructural and structural best management practices as needed to protect, maintain and restore the functions of natural systems and the designated uses of waters. The stormwater management program shall be implemented through the regulation of new surface water management systems under Part IV of Chapter 373, F.S., the regulation of existing stormwater management systems under the National Pollutant Discharge Elimination System stormwater program pursuant to Section 403.0885, F.S., and through watershed management programs. All such programs shall be mutually compatible with the State Comprehensive Plan (Chapter 187, F.S.), the Local Government Comprehensive Planning and Land Development Regulation Act (Chapter 163, F.S.), the Surface Water Improvement and Management Act (Sections 373.451-.4595, F.S.), the Florida Watershed Restoration Act (Section 403.067, F.S.), Chapters 373 and 403, F.S., and this chapter. Programs shall be implemented in a manner that will improve and restore the quality of waters that do not meet their designated uses, and maintain the water quality of those waters that meet them.

(a) The Department shall be the lead agency responsible for coordinating the statewide stormwater management program by establishing goals, objectives and guidance for the development and implementation of stormwater management programs by the Districts and local governments.

(b) The Districts that have implemented a comprehensive surface water management program under Part IV of Chapter 373, F.S., shall be the chief administrators of the state stormwater management program. The Department shall implement the state’s stormwater management program in Districts that do not have the economic and technical resources to implement a comprehensive surface water management program.

(c) The Department shall adopt TMDLs and the Department or the Districts, as appropriate to their responsibilities, shall set regional stormwater management goals and policies on a watershed basis, including stormwater pollutant load reduction goals necessary to preserve or restore designated uses of receiving waters. For water bodies that fully attain their designated use and meet the applicable state water quality standards, the pollutant load reduction goal shall be zero. Such goals and policies shall be implemented through District SWIM plans, through TMDLs adopted by the Department and their associated basin management action plans, through preparation of watershed management plans in other designated priority watersheds, and through appropriate regulations.

(d) Local governments shall establish stormwater management programs that are in accordance with the state and District stormwater quality and quantity goals. Local governments may establish a stormwater utility or other dedicated source of funding to implement a local stormwater management program which shall include the development and implementation of a stormwater master plan and provisions, such as an operating permit system, to ensure that stormwater systems are properly operated and maintained.

(e) Section 189.4155, F.S., requires that special districts, such as water control districts created under Chapter 298, F.S., must be consistent with the applicable local government comprehensive plan adopted under Part II, Chapter 163, F.S., in the construction and expansion of public facilities, or in a major alteration which affects the quantity or quality of the level of service of a public facility. In order to be consistent with the goals and objectives of the water resource implementation rule, water control districts created pursuant to Chapter 298, F.S., or special act, and other special districts as defined in Section 189.403(1), F.S., which have water management powers are encouraged to:

1. Be consistent with Department and district stormwater quality and quantity goals for the construction and expansion of water control and related facilities.

2. Operate existing water control and related facilities consistent with applicable Department and district stormwater quality and quantity goals. Any modification or alteration of existing water control and related facilities shall be consistent with Department and district stormwater quality and quantity goals.

Specific Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.036(1)(d), 373.046, 373.103, 373.171, 373.1961, 373.223, 373.413, 373.418, 373.451, 373.453, 403.064, 403.067, 403.0885, 403.0891, 403.0893 FS. History–New 5-7-05.