Discussions between FSA and FDEP continue concerning the authority of the Department to add new conditions in Phase 2 permits.  The issue in question is whether Phase 2's that discharge into a TMDL waterbody that is NOT included in a BMAP may be required to identify BMPs that address the pollutant of concern for the waterbody and a schedule for implementation of the BMPs.  FSA's position is that FDEP must go through further rulemaking before such requests may be required, although the Department plans on initiating such rulemaking this year. In the meantime, if your jurisdiction's Phase 2 permit is up for renewal in 2019 and you have received a request from FDEP to include such language for waterbodies that are not covered by a BMAP, please contact FSA.

The Legislature has been holding Interim Committee meetings leading up to the start of this year's Session on March 5, 2019.  FSA's 2019 Legislative Page is a great resource for members to track legislation of interest to stormwater programs and managers.  Members will find a list of Priority Issus, Bill Tracking Reports, current news articles and information on individual bills on the site.  The Legislative Page is a resource available for FSA members only; you will need your username and password to login.

FDEP's Biosolids Technical Advisory Committee held its last scheduled meeting on January 23, 2019.  Information on biosolids and the recommendations of the Committee may be found on the Biosolids TAC webpage or by contacting Stephanie Gudeman with the Division of Water Resource Management, FDEP.

The February 14th webinar is brought to FSA members free of charge thanks to the sponsorship of Applied Sciences. The webinar will provide an overview of biosolids from an MS4's point of view, including the best practices for the disposal of biosolids, potential impacts of biosolids on local waters and the work of FDEP's Biosolids Technical Advisory Committee. Possible legislation and rule revisions that may be considered in 2019 will also be discussed. Register today to save your seat! Hurry, this webinar is filling up quickly!

Oral arguments were heard by Florida's Fourth District Court of Appeal earlier this month in the City of West Palm Beach's appeal over non-payment of stormwater utility fees by the Palm Beach County School Board.  On January 23rd, the Court ruled against the City.  However, the ruling was a PCA or "Per Curiam Affirmed" decision.  When a PCA is issued, the District Court has affirmed the trial court's decision without providing an explanation.  PCA decisions cannot be appealed to the Supreme Court but set no precedential value and are binding only on the partiers to the litigation.  A map of Florida indicating where appellate court decisions have been made is posted to the FSA website.  A recording of the January 22nd oral arguments in the West Palm Beach case (Case Number 18-0183) will be archived on the Fourth DCA website.

Excellence Awards - Nominations Due

FSA's Awards Program recognizes outstanding stormwater Programs or Projects and the benefit that they provide to the environment and local citizenry.  Awards are presented annually to public sector members who have demonstrated high quality distinctions in stormwater programs or projects.  Interested?  Submit a Nomination Form and backup materials prior to February 22nd!

EPA's long-awaited draft rule to replace the Obama Administration's 2015 Waters of the United States (WOTUS) definitions was released on December 11, 2018.  As expected, the Trump Administration's approach is significantly different from that of the previous Administration.  The new draft rule narrows the application of federal jurisdiction beyond that of the 2015 rule, making the policy more similar to that which existed in 1988.  Of special interest to local governments is that EPA has requested responses as to whether stormwater control features must be entirely constructed in uplands if they are to be excluded from federal jurisdiction and whether that exclusion should be broadened to include permitted MS4 drainage systems.  The draft has not yet been published in the Federal Register and with the recent shutdown of EPA, don't expect formal publication of a proposed rule to occur for at least another two to three months.  In the meantime, visit the EPA WOTUS page for information.

WOTUS Litigation

There have been no major developments in the Association's challenge to the 2015 WOTUS rules since the last issue of the newsletter.  However, FSA's motion to file a reply brief explaining why its action in US District Court in Tallahassee should be reactivated was granted by the court.  FSA is seeking to reactivate that case as a precautionary measure in the event that the 2015 WOTUS rule is eventually upheld by another court or the Trump Administration's efforts to repeal or replace the rule are unsuccessful.

The FSA Educational Foundation's Scholarship Program awards financial assistance to qualified students attending Florida colleges and universities whose educational interest is in stormwater research, management or finance.  Applications are accepted annually from graduate students in colleges or schools of engineering, natural science, public administration (or closely related fields) that have an interest in stormwater quality, management or finance.  Qualified applicants should submit an Application Form along with supporting materials by August 2, 2019.

FSA's Fogarty Training Center holds 25 classes throughout Florida each year, making attendance as convenient as possible. One way to make that even more convenient is to host a class at your city or county offices! In addition to convenience for your staff, host jurisdictions receive one complimentary registration for every 11 staff that attend. Both the Level 1 and Level 2 Certified Stormwater Operator classes meet the requirements of your MS4 permit for initial or "refresher" training of stormwater staff in: 

• Erosion and Sedimentation Control
• Illicit Discharge Detection and Elimination
• Spill Prevention and Remediation
• Good Housekeeping Practices
• High Risk Facilities

We appreciate your feedback!  Please don't hesitate to contact us if have any questions about FSA. 

Sincerely,

Florida Stormwater Associati on
Website: www.florida-stormwater.org
Toll-Free Phone: 888-221-3124