Volume 22, Issue 10
November 2020
FSA is...


In This Issue
A Message from Your
Legislative Committee Chair
Mark Thomasson, Legislative Chair

The big environmental news of the 2020 legislative session was the 2020 Clean Waterways Act (SB 712; Chapter 2020-150, Laws of Florida). Sometimes described as the "Governor's environmental bill," the Clean Waterways Act implements the Governor's Blue Green Algae Task Force recommendations and contains many other significant provisions. When fully implemented, the Act will affect local governments, public and private utilities, landowners, farmers and ranchers, contractors, developers, and individual homeowners by implementing new regulations regarding septic tanks, biosolids, stormwater criteria, agriculture BMPs, wastewater pollution, potable reuse, surface water quality, bottled water and more.  Of particular importance to FSA is requirements to update the "stormwater design and operation regulations . . . using the most recent scientific information available," to consider low-impact design BMPs and "measures for consistent application of the net improvement performance standard." To assist in that effort, DEP has formed the Clean Waterways Act Stormwater Rulemaking Technical Advisory Committee. FSA had strongly encouraged formation of the TAC and is well represented on it:  Six of the 13 members of the TAC are also FSA members.  To serve the membership, the Legislative Committee and FSA continue to engage in this rulemaking and other priority issues that affect stormwater management. You can follow our efforts on the FSA "members only" Legislative Page (member login required). When the Session begins, FSA posts updated Priority Issue summaries on a weekly basis.  The Advocacy Page also provides a summary of current state and national issues important to our members.

Mark Thomasson, PE, WSource Group,
Legislative Committee Chair

FSA Membership Renewal Enters
"Grace Period"
Don't lose member benefits like this newsletter!  FSA's fiscal year began November 1, 2020.  The extended 90-day "grace period" allowing member organizations and their staff to continue receiving member benefits ends January 31, 2021.  FSA is sending notice to your organization's primary contact, contact us today if you need a copy of your invoice. 
2021 Annual Conference Call for Presentations Open!
The Call for Presentations for FSA's Annual Conference is now open, we will be accepting presentations through December 11th.  This year's theme is Reimagining the Future of Stormwater.  Join us June 23-25, 2021 as we focus on cutting-edge policy, research and case studies that take an integrated approach to helping stormwater professionals tackle complex challenges.  There will be multiple tracks of concurrent workshop sessions. Stormwater leaders throughout Florida are invited to submit presentation proposals online today!  
FSA Legislative Webpage
With the Organizational Session completed and Interim Committee meetings set to begin, FSA's 2021 Legislative Page will soon begin to track legislation of interest to the membership.  Members will be able to find a list of Priority Issues, 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.
Legislative Organizational Session
The House and Senate organizational sessions were held November 17, 2020 after swearing in new members and adopting joint rules.  Senator Wilton Simpson (R - Spring Hill) was elected President of the Senate and Representative Chris Sprowls (R - Clearwater) was elected Speaker of the House for 2021-22.
Statewide Stormwater Design Criteria
FDEP has formed a Technical Advisory Committee to assist in the development of updated stormwater design criteria.  SB 712 directed the Department to update the statewide design criteria for stormwater systems and evaluate permits issued under the "10/2" General Permit.  More information may be found on FSA's Advocacy page and FDEP's Clean Waterways Act Stormwater Rulemaking page.
WOTUS Litigation 
With the change in Administrations at the federal level, it is expected that the current approach to defining jurisdictional waters for the purposes of the CWA will change yet again.  It is impossible to predict how that change will be worded but expect the current WOTUS "Replacement Rule" to be de-emphasized by the new Administration, possibly no longer defending the rule adopted in 2020 while reviewing the 2015 rule before proposing a new, updated version sometime in 2021 or 2022.  FSA's challenge to the 2015 WOTUS rules remains alive as an "insurance policy" if the 2015 rule is resurrected.
Rulemaking Updates
There have been no significant developments on rulemaking initiatives as of the date of publication of this edition of the newsletter:

Biosolids Permitting. Revisions to Chapter 62-640, FAC, concerning permitting of biosolids disposal sites. Visit the Department's Biosolids Rulemaking Page or contact Maurice Barker for more information.

Reuse of Reclaimed Water. Two efforts on reclaimed water have been initiated by FDEP: The first concerns housekeeping amendments to Chapter 62-610, FAC, regulating the use and management of treated reclaimed water. The second is to consider revisions to Chapter 62-600, FAC, concerning potable reuse. For more information, contact Alexandra Spencer at 850-245-8638.

Transfer of Dredge and Fill Permitting to FDEP. FDEP, EPA and the Army Corps of Engineers have been in discussions on the delegation of authority to issue dredge and fill permits from EPA/Corps to FDEP for the past three years. More information may be found at EPA-HQ-OW-2018-0640 or FDEP's webpage

Phase II MS4 Permits. Comments on proposed revisions to the Generic Permit for Discharge of Stormwater from Phase II Municipal Separate Storm Sewer Systems were accepted through November 12, 2020. For more information, contact Borja Crane-Amores at 850-245-7520.
Triennial Review of WQ Standards
FDEP continues to move ahead with its Triennial Review of Water Quality Standards, which began in May of 2019.  States are required to conduct a comprehensive review of water quality standards every three years by the Clean Water Act.  Turbidity contributes to degradation of coral reef and other hardbottom communities, and FDEP has recently released draft implementation criterion for the protection of those communities.  Contact Daryll Joyner at FDEP for further information.  The Triennial Review process will be discussed during the FSA Winter Conference.
EPA is Seeking Research Applications
The U.S. Environmental Protection Agency (EPA) is seeking applications proposing research that will provide the best available science needed to support states, municipalities, and utilities in determining potential risk from pollutants found in biosolids and developing standards and policies for biosolids management. Research under this Request for Application is intended to address multiple treatment scales including large publicly owned treatment works and medium- to small-scale wastewater treatment facilities.  Visit the EPA biosolids page for more information, and how to apply, and to register for an Informational Webinar.
Fogarty Training Center - New Classes for 2021!
FSA's Fogarty Training Center holds both Level 1 and Level 2 Certified Stormwater Operator classes that 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
FSA is currently scheduling online classes for 2021. Online participants will require computer access with internet and audio capabilities. Registration is now open for the following classes:
Level 1 Classes designed for stormwater management field personnel 

- January 5-6, 2021 - Register now 

- February 23-24, 2021 - Register now 


Level 2 Classes designed for stormwater management field supervisors

- January 7-8, 2021 - Register now 

- February 25-26, 2021 - Register now 

Invest in the Future of Stormwater Management!

Did you know that FSA's Educational Foundation sponsors scholarships every year? By providing these scholarships, students are encouraged and inspired to pursue careers in stormwater management.

The Foundation needs your help. These scholarships are only made possible by you, with your generous contributions. The best part is your contribution is a WIN! WIN! By donating, you not only help to further the stormwater management profession, your donation is also tax-deductible. It's getting close to the end of the year so this contribution can be used as a deduction on this year's tax return.  Individuals can give, organizations can give and it's tax deductible! Donate today!
We appreciate your feedback!  Please don't hesitate to contact us if have any questions about FSA. 
Florida Stormwater Association
Website: www.florida-stormwater.org
Toll-Free Phone: 888-221-3124