Volume 20, Issue 8                                                       September 2018
Newsletter Sponsors

In This Issue
A Message From Your Membership Chair

FSA Members -

Welcome to Fall in Florida 2018; 90°, some sun, some rain, a lot of humidity and a great place to be a stormwater professional. This year has likely been a challenge for most of us as it has been the 4th hottest summer on record with more than average rain and some significant rainfall intensity events. What better place than here to hone our modeling, floodplain management and water quality improvement skills!

One of my favorite expressions is "making lemonade out of lemons." That's what we do every day in this profession. We take unfunded mandates and make them a reality. We work with legislators to enact reasonable laws to protect the environment and all the residents and visitors to Florida. Is it easy? Definitely not. This line of work is not for the faint of heart. We do this because we have a passion for the environment and a responsibility to preserve it for generations to come.

As the new Membership Chair for FSA, I want to make sure that you and your organizations' interests are represented. I also want to make sure that we reach as many stormwater professionals as possible. To that end, just remember that we all are on the membership committee. Reach out to your colleagues, vendors, and consultants and make sure they know about FSA and the tremendous work we are doing, and the depth of learning opportunities we provide, and not just at conferences. We have training throughout the entire state for every level of stormwater professional starting with the line workers who spray herbicides to combat invasive plant species, to the civil engineers designing the next breakthrough in water quality improvements. This organization is truly all inclusive.

I look forward to seeing you in December at the Winter Conference at the Happiest Place on Earth. Stormwater and Walt Disney World in the Christmas season, what more can you ask for? See you soon.

Lisa Henry, City of Orlando
Membership Committee Chair
2018 Winter Conference - Register Now!
Registration is now open for FSA's 2018 Winter Conference!  The Conference will be held at the B Resort in Lake Buena Vista on December 5-7.  The program includes a great balance of technical sessions, case studies and policy updates, plus an Opening Session focusing on What's Ahead in 2019.  In addition to a great line-up of workshops, exhibits and networking opportunities, this year's Conference includes the biennial "DEP Day" plus "Laws, Rules and Ethics" for Professional Engineers.  Visit the FSA Conference page to view the agenda, information on registration fees and more!
Membership Renewal Open Now!
FSA's 2018-19 fiscal year begins November 1st.  Don't let your membership lapse!  Keep all of the member services and benefits current for ALL of the employees of your organization.  First renewal notices were sent in mid-August.  Moving forward, watch your inbox for renewal emails from FSA.  Don't miss out on FSA member benefits - renew today!
West Palm Beach SWU Fee Appeal
There have been no new developments in the appeal by the City of West Palm Beach to the Fourth District Court of Appeal over payment of stormwater utility fees by the Palm Beach County School Board.  A decision by the DCA should be rendered by early 2019.  FSA, the Florida League of Cities, and the cities of Tampa and Gainesville filed an amicus curiae brief supporting West Palm Beach.  No matter what that court's decision is, the losing party will likely seek an appeal to the Florida Supreme Court.  Since the City of Ocala has settled their dispute with the Marion County School Board, the West Palm Beach case is the last remaining matter where there is a possibility of overturning an adverse decision of a trial court and generating an appeal to the Supreme Court.  Important Note:  A workshop discussing Ocala's agreement resulting in the payment of SWU fees by the School Board will be held during FSA's Winter Conference.
Court Rejects WOTUS Delay - FSA Votes to Reactivate Challenge
Last month a federal district court in South Carolina rejected EPA's Applicability Rule which would have delayed the effective date of the Obama Administration's WOTUS regulations until 2020, giving EPA time to replace the 2015 rule with a new set of WOTUS definitions. The action of the court is the latest in a series of changes in policy direction by both the courts and EPA concerning WOTUS policy. See FSA's Summary of WOTUS Regulatory Development. In an abundance of caution, the FSA Board of Directors voted to reactivate its challenge to the 2015 WOTUS regulations that was originally filed in November 2015 in US District Court for the Northern District of Florida (Tallahassee). 

The WOTUS rule was finalized during the Obama Administration in 2015. FSA, the Florida Rural Water Association, Florida League of Cities and the Southeast Stormwater Association, jointly filed complaints challenging the rule in both the US District Court in Tallahassee and the US Sixth Judicial Circuit Court of Appeals in Ohio. Since then, the case has taken numerous unexpected turns, such as those relating to the proper jurisdiction to hear challenges, when the Trump Administration will adopt rules to repeal and replace the 2015 rule, and if such rules will survive challenges in court.

EPA had sought to dismiss FSA's complaint in the Northern District Court of Florida but later agreed to the Association's request that the case become inactive. FSA's recent decision to reactivate the case is a precautionary measure in the event that the 2015 WOTUS rule is upheld by another court or that the Trump Administration's efforts to repeal the rule are unsuccessful.
Phase 2 MS4s - 2018 Renewals
After meetings between FDEP and FSA most Notices of Intent for Phase 2 permits covering jurisdictions discharging into an impaired water without an adopted BMAP that contained Requests of Additional Information asking the MS4 to develop a schedule for implementing BMPs to address the pollutant of concern no longer contain such language.  FSA believes that FDEP was not authorized to make such requests without first going through a normal rule-making process.  Discussions between FSA and FDEP on the issue are continuing.
Wetlands Delegation to FDEP
Discussions continue between FDEP, federal agencies and various stakeholders on measures allowing the Department to assume the administration of the federal dredge and fill permitting program from EPA and the US Army Corps of Engineers.  Several policy issues remain to be resolved, not the least of which is the potential duration of the permits issued by FDEP.  Legislation passed during the 2018 Session to specifically authorize FDEP to assume the federal dredge and fill permitting program from EPA and the Army Corps.  Watch FSA's advocacy webpage for more information.
Impacts of Biosolids
Land disposal of Biosolids - even when consistent with current permitting requirements - can have substantial impacts on receiving waters.  The impacts were significant enough on Indian Rivers County's Blue Cypress Lake that the Board of County Commissioners passed a Resolution banning further application of Biosolids for at least six months - the amount of time needed to complete an independent study of the impacts.  In response to the outcry over Biosolids impacts on surface water quality, FDEP appointed a Biosolids Technical Advisory Committee (TAC) to evaluate current management practices.  The next meeting of the seven-person TAC is set for October 9th at 10:00 AM in Orlando.
Fogarty Training Center
FSA's Fogarty Training Center holds over 25 classes throughout Florida each year. A current list of classes may be found on the Training Center's webpage. Both 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

Need to recertify in 2018? FSA certifications are valid for five years. The final online option for recertification in 2018 will be held on November 6th. Save your seat now!

FSA Career Center
Did you know that FSA members can post position vacancies on the FSA Career Center at no cost (i.e. FREE!) for 30 days?  Visit the Career Center to post a job announcement or to search for open positions.
We appreciate your feedback! Please don't hesitate to contact us if have any questions about FSA. 
Florida Stormwater Associati on
Website: www.florida-stormwater.org
Toll-Free Phone: 888-221-3124