This is a substantial amendment to Rule Chapter 14-86, F.A.C. It amends existing rules, adopts a new rule, repeals the Forms rule, and incorporates by reference a Drainage Manual and a revised form to replace two obsolete forms.

DEPARTMENT OF TRANSPORTATION

RULE NO: RULE TITLE
14-86.001: Purpose
14-86.002: Definitions
14-86.003: Exemption, Permit, and Assurance Requirements
14-86.004: Permit Application Procedure
14-86.005: General Conditions for a Drainage Permit
14-86.006: Permit Suspension or Revocation
14-86.007: Forms
14-86.008: Recovery of Fines, Penalties, and Costs
PURPOSE AND EFFECT: This is a substantial amendment to Rule Chapter 14-86, F.A.C. It amends existing rules, adopts a new rule, repeals the Forms rule, and incorporates by reference a Drainage Manual and a revised form to replace two obsolete forms.
SUBJECT AREA TO BE ADDRESSED: Rule Chapter 14-86, F.A.C., is being amended.
SPECIFIC AUTHORITY: 334.044(2), (15) FS.
LAW IMPLEMENTED: 334.044(1), (10)(a), (15), 336.045(1), 337.401(1) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: James C. Myers, Clerk of Agency Proceedings, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

DRAINAGE CONNECTIONS PERMIT

14-86.001 Purpose.

The purpose of this rule chapter is to regulate and prescribe ensure safe conditions for the transfer of stormwater to and the integrity of the Department of Transportation’s right of way as a result of manmade changes to adjacent properties, through a permitting process designed to ensure the safety and integrity of Department facilities and to prevent an unreasonable burden on lower properties transportation facilities and to prevent an unreasonable burden on lower properties by providing standards and procedures for drainage connections from the properties adjacent to the Department’s right-of-way. All Department actions taken pursuant to this rule chapter shall be in accordance with Section 120, F.S.

Specific Authority 334.044(2), (15) FS. Law Implemented 334.03 (1), (10)(a), (15), 336.045(1), 337.401(1) (17), (22), 334.035, 334.044(1), (12), (13), (27), 335.04(2), 335.10(2), 339.155(2)(a), (f) FS. History– New 11-12-86, Amended_________.

 

14-86.002 Definitions.

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

(1) “Adjacent Property” means.

(a) any real property or easement with a shared boundary to the Department’s facility or.

(b) any real property or easement with a hydraulic link via a drainage connection across other properties or easements to the Department’s right of way.

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

(3)(1) “Applicable Standards” or “Applicable Wwater Qquality Sstandards or minimum design and performance standards” means rules and regulations of a governmental entity pertaining to stormwater discharges from those discharge standards of the appropriate regulatory entity which apply to the Department’s facilities to which the drainage connection is made facility being connected to.

(4)(2) “Approved Stormwater Management Plan” or “Master Drainage Plan” means a regional plan adopted or approved by a city, county, water management district, or other agency with specific drainage or stormwater management authority responsibility; provided that

(a) Such plan is actively being implemented;

(b) Any required construction is substantially complete;

(c) Appropriate downstream mitigation mitigative measures have been provided for in the plan; and

(d) That the use of any Department facilities either existing or planned, which are part of such plan have been coordinated with and agreed to by the Department.

(5) “Closed Basin” means a basin without any positive outlet.

(6)(3) “Critical Duration” means the length of time duration of a specific storm frequency event (i.e., 100-year storm) which creates the largest volume or highest rate of net stormwater runoff (post-improvement development runoff less pre-improvement development runoff) for typical durations up through and including the 10-day duration for closed basins and up through the 3-day duration for basins with positive outlets event. The critical duration for a given storm frequency is determined by calculating comparing various durations of the specified storm and 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).

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

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

(9)(4) “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 or otherwise conveys stormwater runoff or other surface water discharge from the adjacent property to the Department’s facility.

(5) “Engineer” means a Professional Engineer registered in Florida pursuant to the provisions of Chapter 471, F.S., who as appropriate is competent in the fields of hydraulics, hydrology, stormwater management or stormwater pollution control.

(10)(6) “Facility” or “Facilities” means anything built, installed, or maintained by the Department all man-made or natural features within the Department’s right-of-way or easement including, but not limited to curbs, gutters, swales, ditches, canals, channels, culverts, pipes, retention and detention areas.

(11)(7) “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 limerock areas, lakes, ponds and other standing water areas, including some retention/detention areas.

(12)(8) “Improvement” means any man-made change to adjacent property adjacent to the Department’s right-of-way made after the effective date of this rule chapter.

(13) “Licensed Professional” means a professional engineer or other professional registered in Florida, as authorized by law to design and certify the stormwater management system under review, who possesses expertise, as demonstrated by education and experience, in the fields of hydrology, drainage, flood control, erosion and sediment control, stormwater pollution control, storm drain hydraulics, and pavement hydraulics.

(14) “Man-made Change” means any intentional physical change to or upon adjacent property, or foreseeable change resultant from an intentional physical change, which establishes or alters the rate, volume, or quality of stormwater.

(15) “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.

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

(17)(9) “Positive Outlet” means a point of stormwater runoff discharge into surface waters which under normal conditions would drain by gravity through surface waters ultimately to the Gulf of Mexico, or the Atlantic Ocean, or into sinks or closed lakes 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.

(18) “Post-improvement” means the condition of property after the improvement which requires a Drainage Connection Permit is made.

(19)(10) “Pre-improvement” means is the condition of property before any man-made change to the property, and includes any drainage connections previously 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 the effective date of this rule chapter.

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

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

(22) “Stormwater Management System” means a system 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, overdrainage, environmental degradation, pollution, and otherwise affect the quantity or quality of stormwater in the system.

(23)(12) “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.

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

Specific Authority 334.044(2), (15) FS. Law Implemented 334.03 (1), (10)(a), (15), 336.045(1), 337.401(1) (17), (22), 334.035, 334.044(1), (12), (13), (27), 335.04(2), 335.10(2), 339.155(2)(a), (f) FS. History– New 11-12-86, Amended_______.

 

14-86.003 Exceptions Exemption, Permit, and Assurance Requirements.

(1) Exceptions Exemption. The following improvements to adjacent property do not require a drainage connection permit so long as any drainage connection from the adjacent property does not threaten the safety and integrity of the Department of Transportation’s facilities and does not create an unreasonable burden on lower properties, including violations of applicable water quality standards:

(a) All Ssingle-family residential improvements which are not part of a larger common plan of improvement or sale are exempt from the provisions of this Rule Chapter.

(b) All improvements related to Aagriculture and silviculture improvements which are regulated by the Department of Environmental Protection Regulation or regional Wwater Mmanagement Ddistricts or which meet generally accepted engineering practice for drainage and water management are exempt from the provisions of this Rule Chapter.

(c) Any improvement other plan of improvement is presumptively excepted exempt from the requirements to obtain a Drainage Connection Permit provisions of this Rule Chapter provided that all of the following apply are complied with:

1. The total impervious area, after improvement, must be less than 5,000 square feet of cumulative impervious area and is less than 40% of, with a maximum of 5,000 square-feet of buildings and paved surfaces for that portion of the adjacent property that naturally drained to the Department’s right-of-way, provided it is not part of a larger common plan of improvement or sale;

2. The improvement does not create or alter includes no work to be done on the Department’s right-of-way which creates or alters a drainage connection;

3. The improvement does not change flow patterns of stormwater to the Department’s right of way, and does not increase the surface area draining to the Department’s right of way.

4.3. The property is located in a watershed which has a positive outlet.

5. The site or improvement is not part of a larger common plan of improvement or sale.

Any of the foregoing exceptions shall be revoked if any drainage connection from the adjacent property threatens the safety and integrity of the Department of Transportation facilities or creates an unreasonable burden on lower properties, including violations of applicable water quality standards.

(2) Permit. All improvements that are not exempted in subsection Rule 14-86.003(1), F.A.C., require a Ddrainage Cconnection Ppermit, Form 850-040-XX(  /07), whether or not the work is done in conjunction with a driveway connection and whether or not the improvement retains stormwater runoff on the adjacent property to and including the 100 year event of critical duration vehicular connection.

(3) Assurance Requirements.

(a) The applicant for a drainage connection permit shall provide reasonable assurances that:

1. The peak discharge rates and/or total volumes of stormwater discharging from the adjacent property to the Department’s right of way are those provided for in an approved stormwater management plan or master drainage plan; otherwise the post-improvement stormwater runoff discharging discharge from the adjacent property to the Department’s right of way under control of the applicant shall not exceed the more stringent of the following:

a. The peak discharge rates and/or total volumes allowed by applicable local regulation; or

b. The improvement pre-improvement peak stormwater runoff discharge rates shall not increase stormwater discharge be increased, and in addition in watersheds which do not have a positive outlet, the post-improvement stormwater runoff total volumes shall not be increased above the pre-improvement condition, and in watersheds which do not have a positive outlet, the post-improvement total volume of stormwater runoff shall not be increased considering worst case storms for up to the frequencies and durations contained in paragraph 14-86.003(3)(c), F.A.C.

2. Any discharge pipe establishing or constituting a drainage connection to the Department’s right of way shall be limited in size based on the pre-improvement discharge rate, downstream conveyance limitations, and downstream tailwater influences. The applicant’s stormwater runoff discharge coming to the Department’s facility through the created features of the drainage connection may not exceed its prorata share allowed by either the design capacity of the Department’s facility or by other governmental entities.

3. If the improvement changes the inflow pattern of stormwater or method of drainage connection to the Department’s right of way, the applicant shall demonstrate that post-improvement discharge will not exceed the pre-improvement discharge to the Department’s right of way and that any new drainage connection does not threaten the safety or integrity of the Department’s right of way and does not unreasonably increase maintenance costs to the Department. This demonstration shall at a minimum include analyzing pavement hydraulics, ditch hydraulics, storm drain hydraulics, cross drain hydraulics, and stormwater management facilities. The analysis must follow the methodology used in the design of the Department’s facilities receiving the discharge and meet the criteria in the Department’s Drainage Manual, Topic Number 625-040-002-c, January 2008, incorporated herein by reference. The Drainage Manual is available on from the Department at: http://www.dot.state.fl.us/rddesign/dr/Manualsandhandbooks.htm.

4.3. The quality of water conveyed by the connection meets all applicable water quality standards or minimum design and performance standards, and such assurance shall be certified in writing. In the event the discharge is identified causing or contributing to a violation of applicable water quality standards, the permittee will be required to incorporate such abatement as necessary to bring the permittee’s discharge into compliance with applicable standards.

(b) If the requirements set forth in paragraph Rule 14-86.003(3)(a), F.A.C., cannot reasonably be fully complied with, the applicant may submit alternative drainage connection designs which will require the approval of the District Secretary. The analysis supporting the proposed alternative connection must follow the methodology used in the design of the Department’s facilities receiving the proposed alternative drainage connection and meet the criteria of the Department’s Drainage Manual. Acceptance of any alternative designs must serve shall be based upon maximum achievement of the purpose of this rule chapter and shall be based upon consideration of the following:

1. The type of stormwater management practice proposed;

2. The probable efficacy and costs of alternative controls;

3. The impact upon the operation and maintenance of the Department’s facilities facility; and

4. The public interest served by the drainage connection.

(c) In providing reasonable assurances, the applicant shall:

1. Use a methodology which is compatible with the methodology employed used in the design of the Department’s facilities receiving the stormwater facility; and

2. Determine the peak stormwater runoff discharge rates considering various rainfall event frequencies up to and including a 100 year event of critical duration of up to three days; and

3. In watersheds without a positive outlet, determine the stormwater runoff total volumes considering various rainfall amounts up to a 100 year rainfall frequency of critical durations of up to ten days. The retention volume required to comply with this rule must meet the pond recovery criteria in the Department’s Drainage Manual.

Specific Authority 334.044(2), (15) FS. Law Implemented 334.03 (1), (10)(a), (15), 336.045(1), 337.401(1) (17), (22), 334.035, 334.044(1), (12), (13), (27), 335.04(2), 335.10(2), 339.155(2)(a), (f) FS. History– New 11-12-86, Amended_______,

 

14-86.004 Permit Application Procedure.

(1) An applicant shall submit a Drainage Connection Permit, apply for a drainage connection permit on Form 850-040-06 (07/07), incorporated herein by reference 592-12. This These forms may be obtained from any of the Department’s local area Maintenance Offices, Ddistrict Ooffices, or on the internet at the Department’s website: http://www2.dot.state.fl.us/proceduraldocuments/forms/forms. asp. regional maintenance offices.

(2) The applicant shall submit four completed Drainage Connection Ppermits application forms. Each completed Drainage Connection Permit form shall include all required attachments. All required signed and sealed plans and supporting documentation shall be submitted on no larger than 11'' x 17'' multipurpose paper and included in PDF format on a CD.

(3)  When the improvement is for agricultural or silvicultural use and is not exempt under paragraph 14-86.003(1)(b), F.A.C., or the improvement is a residential duplex, triplex, or quadraplex structure which is not part of a larger common plan of improvement, and when the improvement will have less than 10,000 square feet of buildings and paved surfaces of which no more than 5,000 square feet is located within 250 feet of the Department’s right-of-way line; in lieu of providing the information required in subsection 14-86.004(4), F.A.C., below, the activity description required on the permit form may be expanded to contain sufficient information to provide the reasonable assurances required in subsection 14-86.003(3), F.A.C.  However, the applicant shall certify full knowledge of and intent to comply with the conditions for issuance of the permit.

(3)(4) The Drainage Connection Permit shall be accompanied by: For improvements other than those specified in subsection 14-86.004(3), F.A.C., the permit application shall be accompanied by:

(a) A location map, included in the construction plans, sufficient to show the location of the improvement and any drainage connection to the Department’s right of way, and shall include the state highway number, county, city, and section, range, and township. An affidavit of ownership or control of the property, a legal description of the property, and a statement that the total contiguous property owned or controlled by the applicant is that shown and described.

(b)  A map sufficient to show the location of the improvement and the drainage connection, and as applicable shall include the state highway number, county, city, and section, range, and township.

(b)(c)  A grading plan drawn to scale showing pre-improvement and post-improvement site conditions including all pervious and impervious surfaces, land contours, spot elevations, and all drainage facilities both of the Department and of the ajacent property improvement. Existing conditions will be accepted only if pre-improvement conditions cannot be established. The bench mark datum for the plans (whether NGVD 29 or NAVD 88) shall be noted on the plans.  Elevations shall be based upon National Geodetic Vertical Datum (NGVD).  Contour information shall extend 50 feet beyond the property boundaries or be sufficient to clearly define the portion of the watershed which drains through the property to the Department’s right of way facilities.

(c)(d) Sufficient photographs to accurately depict pre-improvement and present conditions. Photographs to accurately depict pre-improvement and present conditions.

(d)(e) Sufficient soil borings and water table data and, where percolation or infiltration is utilized in the design, appropriate percolation test methodology and results.

(e)(f) Computations as required by subsection 14-86.003(3), F.A.C.

(f)(g) The Drainage Connection Certification by an, Part 3 of the permit application must be certified by a Licensed Professional Engineer that the complete set of plans and computations comply with either one of the following Rules: paragraph 14-86.003(3)(a) or 14-86.003(3)(b), F.A.C.

(4) Improvements which otherwise meet the criteria of subparagraphs 14-86.003(1)(c)1. and 14-86.003(1)(c)4., F.A.C., but which create or alter a drainage connection to the Department’s right of way, will not require submittal of the information required by paragraphs 14-86.004(3)(d) through (f), F.A.C., but will otherwise require the submittal of all other required information.

(5)  Permits requested pursuant to subsection 14-86.003(2), F.A.C., which meet the criteria of subparagraphs 14-86.003(1)(c)1. and 14-86.003(1)(c)3., F.A.C., but which require work to be done on the Department’s right-of-way contrary to subparagraph 14-86.003(1)(c)2., F.A.C., will not require submittal of the information required by paragraphs 14-86.004(4)(e) through (g), F.A.C.

(5)(6)  The Department recognizes that regulatory and permitting programs exist or may be developed in the future by local units of government, and state or federal agencies which may overlap with some or all of the requirements of this rule cChapter. In order to avoid duplication the Department may will:

(a)  In lieu of the requirements in Rules 14-86.003 and subsection 14-86.004(4), F.A.C., accept a permit that accomplishes the purposes of this rule chapter so long as the permit is issued by a governmental entity with specific stormwater management authority and Surface Water Management Permit issued by a Water Management District, a Surface Water Management Permit issued by a delegated local government or a permit issued pursuant to an approved Stormwater Management Plan or Master Drainage Plan; provided, issuance is based on requirements equal to or more stringent than those in Rule 14-86.003, F.A.C.; or

(b) Accept any form, plans, specifications, drawings, calculations, or other data developed to support an application for a permit required by a governmental entity the appropriate agency, pursuant to any rule which establishes requirements equal to or more stringent that Rules 14-86.003, F.A.C. in lieu of any such submittals required by Rule 14-86.004.

Specific Authority 334.044(2), (15) FS.  Law Implemented 334.03 (1), (10)(a), (15), 336.045(1), 337.401(1) (17), (22), 334.035, 334.044(1), (12), (13), (27), 335.04(2), 335.10(2), 339.155(2)(a), (f) FS.  History–New 11-12-86, Amended _______.

 

14-86.005 General Conditions for a Drainage Permit.

(1) A Department Ddrainage Cconnection Ppermit does not exempt the permittee from meeting all other applicable regulations and ordinances governing for stormwater management.

(2) All work done in conjunction with the drainage connection permit shall meet and adhere to all general and specific conditions and requirements contained on the Ppermit.

(3) Within 15 days after completion of the work authorized by an approved Ddrainage Cconnection Ppermit, the permittee applicant shall notify the Department in writing of the completion; and for all design work that originally required certification by Licensed Professional an Engineer, this notification shall contain the As Built Ccertification, Part 8 of the Permit. The certification shall state that work has been completed in substantial compliance with the Drainage Connection Permit.

(4) This rule does not address or authorize the discharge of groundwater, treated or untreated, to the Department’s right of way.

(5)(4) The permittee or property owner, jointly and severably, will be required to reimburse the Department for any expenses (fees, fines, penalties, abatement costs, clean up, etc.) incurred by the Department in the event the permittee’s discharge fails to meet the applicable water quality standards or minimum design and performance standards contrary to the permittee’s assurances provided in subsection Rule 14-86.003(3), F.A.C.

Specific Authority 334.044(2), (15) FS. Law Implemented 334.03 (1), (10)(a), (15), 336.045(1), 337.401(1) (17), (22), 334.035, 334.044(1), (12), (13), (27), 335.04(2), 335.10(2), 339.155(2)(a), (f) FS. History– New 11-12-86, Amended________.

 

14-86.006 Permit and Exception, Suspension, or Revocation.

A permit may be suspended or revoked if:

(1) The permitted drainage connection is not constructed, operated, or maintained in accordance with the permit;

(2) Emergency conditions or hazards exist;

(3) False or misleading information is submitted to the Department in the Drainage Connection Permit form;

(4) The As-built Ccertificate required for the Drainage Connection Permit form is not submitted in accordance with subsection required in Rule 14-86.005(3), F.A.C. is not timely submitted.

(5) Any unpermitted discharge from the adjacent property occurs.

Specific Authority 334.044(2), (15) FS. Law Implemented 334.03 (1), (10)(a), (15), 336.045(1), 337.401(1) (17), (22), 334.035, 334.044(1), (12), (13), (27), 335.04(2), 335.10(2), 339.155(2)(a), (f) FS. History– New 11-12-86, Amended_______.

 

14-86.007 Forms.

Specific Authority 334.044(2) FS. Law Implemented 120.53(1)(b), 120.60, 334.03(17), (22), 334.035, 334.044(1), (12), (13), (27), 335.04(2), 335.10(2), 339.155(2)(a), (f) FS. History–New 11-12-86, Repealed__________.

 

14-86.008 Recovery of Fines, Penalties, and Costs.

The Department is authorized to recover fines, penalties, and costs incurred by the Department due to actions or omissions of a permittee or adjacent property owner resulting in any discharge that threatens the safety and integrity of Department facilities or unreasonably burdens lower properties, including violations of applicable water quality standards, and including discharges from otherwise exempt adjacent properties. The permittee or adjacent property owner shall each be responsible to reimburse the Department for any costs (e.g., expenses, fees, fines, penalties, abatement costs, mitigation costs, remediation costs, etc.) incurred by the Department resultant from a discharge from the adjacent property to the Department’s right of way which threatens the safety and integrity of Department facilities, unreasonably burdens lower properties, or violates applicable water quality standards.

Specific Authority 334.044(2), (15) FS. Law Implemented 334.044(1), (10)(a), (15), 336.045(1), 337.401(1) FS. History– New_________.