Volume 21, Issue 2                                                         February 2019
Newsletter Sponsors

In This Issue
2019 Legislative Session Starts Soon
The 2019 Legislative Session begins Tuesday, March 5th. FSA members can find a list of Priority Issues, Bill Tracking Reports, news articles and information on individual bills on the Legislative Page. The Legislative Page is a resource available for FSA members only; you will need your username and password to login.
Conference Registration Opening Soon!
Mark your calendars now for FSA's 2019 Annual Conference. We invite you to join us June 19-21, 2019 at the Sanibel Harbour Marriott in Ft. Myers as we look ahead to A Change in Climate - FSA: the Next 25 Years. This year's program is our strongest yet with industry leading experts addressing an array of regulatory and management topics throughout Florida's stormwater community. Registration opens in March. Register early so you don't miss Florida's best stormwater conference of 2019!
2019 Phase 2 MS4s Renewals
Is your Phase 2 permit up for renewal in 2019? If so, have you received a request from FDEP to include new BMPs for waters which are NOT covered by a BMAP? If you answered yes to both questions, please contact FSA. FSA's position is that the Department must go through further rulemaking before such requests may be required.
Board Elections coming in June
There will be elections to fill vacancies on the Boards of Directors of the Florida Stormwater Association and the FSA Educational Foundation during the June Annual Conference. FSA is looking for dynamic leaders dedicated to ensuring the continued success of the Association. This is your chance to help lead the primary organization dedicated to furthering the stormwater management profession and water quality improvement programs in Florida. What's in it for you?
  • An opportunity to enhance the value and set the direction of FSA and FSAEF
  • A significant role in advancing your profession and water quality programs
  • Access to up-to-date information about the challenges facing your profession
  • The chance to exchange ideas and perspectives with other volunteer leaders
We want to hear from you! If you're interested or if you know of a member that you would like to recommend to serve on the Board, please send your recommendation to 
or complete a Leadership Recommendation Form today!
Local Government Preemption Bill Filed in the House
In spite of last year's outbreaks of blue-green algae and red tide, and the Executive Order signaling a new direction in Florida's water quality programs, some legislation filed for 2019 clearly undercuts local government's ability to address water quality improvement programs. HB 3 voids all regulations impacting businesses unless authority for the adoption of such regulations was expressly authorized by general law or the regulations were adopted in the following manner:  1) An extensive, detailed analysis of the impact of the regulation on business must be performed; 2) the ordinance must be adopted by a 2/3 vote of the entire governing body; and, 3) the ordinance sunsets in two years and must be readopted at that time using the same procedure every two years.  A brief analysis of the impacts of HB 3 has been posted to the FSA Legislative Page. Members are urged to examine HB 3 closely and express their concerns to the members of their Legislative Delegations.

Biosolids Update
FDEP's Biosolids Technical Advisory Committee held its last meeting on January 23, 2019. Legislation (SB 1278 / HB 405) has been filed implementing the recommendations of the TAC and FDEP plans on initiating rulemaking later this year. More information on biosolids may be found on the Biosolids TAC webpage or by watching a recording of FSA's recent Webinar Biosolids and Water Quality Concerns.
WOTUS Replacement Rule Published
EPA's long-awaited proposed rule to replace the Obama Administration's 2015 Waters of the United States (WOTUS) definitions was published in the Federal Register on February 14, 2019. Publication started a 60-day clock for stakeholders and interested parties to submit comments to EPA concerning the proposal. 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. Comments on the proposed rule are due no later than April 15th and may be submitted via the Federal eRulemaking Portal. Comments should reference Docket ID No. EPA-HQ-OW-2018-0149. Visit EPA's WOTUS page for more information.
WOTUS Litigation
There have been no major developments in the Association's challenge to the 2015 WOTUS rule in Tallahassee federal court. FSA's Motion for Summary Judgement is due March 15, 2019. The case was reactivated 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.
Excellence Awards - One More Day to Submit a Nomination!
Each year, 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. Don't let your hard work go unnoticed! Submit a Nomination Form and backup materials on or before March 1st!
FSAEF Scholarship Award
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.
Fogarty Training Center Update
Don't let your certifications expire! FSA Stormwater Operator Certifications must be renewed every five years. The Fogarty Training Center offers Online Recertification Webinars that provide a convenient, cost-effective way to renew your certification. Don't know when your certification expires? To find out you can login to your personal FSA profile, scroll down to find your Level 1 and/or Level 2 expiration year or you can view the Stormwater Operator Certification Renewal Date List on the FSA Website. The next opportunity to renew either a Level 1 or Level 2 certification will be through online webinars held on April 9, 2019. Register for Level 1 and/or Level 2 by Friday, March 15th to receive a copy of the Stormwater Operators Manual prior to the class. For more information, visit the Fogarty Training Center's recertification webpage.
We appreciate your feedback! Please don't hesitate to contact us if have any questions about FSA.
Florida Stormwater Associati on
Toll-Free Phone: 888-221-3124