Volume 20, Issue 9                                                           October 2018
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In This Issue
2018 Winter Conference - Register Now!
2018 has flown by and we are gearing up for FSA's Winter Conference which is planned for December 5-7, 2018. The Winter Conference will offer the biennial "DEP Day" on Wednesday as part of pre-conference. Here, our members will have the opportunity to hear the latest from FDEP leadership on topics such as Basin Management Action Plans, National Pollutant Load Elimination System, Environmental Resource Permitting, Water Quality Standards, Watershed Assessment and Funding Opportunities.

FSA will also offer "Laws, Rules and Ethics" for Professional Engineers. This session will fulfill the one-hour requirement on "Laws and Rules" and the one-hour requirement for "Ethics" needed to renew your professional certification. As Professional Engineers we all know that the course material to fulfill this requirement can seem tedious and dry at times. Ed Bayo does a fantastic job of making this session interesting and at times very entertaining so be sure to register if you need to renew your certification in 2018!

The December 6th Opening Session features a panel discussion with key speakers from EPA Region 4, FDEP, Audubon Florida and Florida Realtors. Plan to attend and hear their insights on water policy and programs to watch for in 2019. The balance of the Conference agenda includes a wide array of topics including resiliency, stormwater utility and best management practices!

FSA conferences provide a valuable opportunity for stormwater professionals to exchange information, share stories, network and re-connect with colleagues. It was another tough hurricane season with our friends in the Panhandle being severely impacted by Hurricane Michael, so this is a great opportunity for us all to come together. As the Chair of the Conference Committee, we continuously strive to make the FSA conferences the premiere stormwater events in Florida and are always looking for ways to improve the experience of the attendees. Please feel free to reach out to me or any of the Conference Committee members to share your insights and suggestions. We look forward to seeing you in December at the B Hotel in Lake Buena Vista, Florida! 

Danielle Honour, CDM Smith
Conference Committee Chair

Membership Renewal Deadline - November 1st!
FSA's 2018-19 fiscal year begins Thursday, November 1st and membership dues are payable at that time.  Don't let your membership lapse!  Keep all of the member services and benefits current for ALL of the employees in your organization.  Remember that FSA membership is organizational, so all staff/employees are included in one membership fee!  Questions?  Call 888-221-3124 or email info@florida-stormwater.org.
Update on WOTUS Challenge(s)
After a September ruling in South Carolina that rejected EPA's Applicability Rule, which would have delayed the effective date of the Obama Administration's WOTUS regulations until 2020, a federal court in New York in October postponed a hearing until December 2018 on suits over EPA's new Rule. 

The original 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. See  FSA's Summary of WOTUS Regulatory Development.

In September 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). FSA's action 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.
And the Winner Is...
Thank you to all that participated in the Annual Conference Location Survey!  Your input is greatly appreciated and helps us plan our 2020 conference and beyond with you in mind.  We're pleased to announce that Allen Potter from Satellite Beach is the winner of the FREE 2019 Annual Conference Registration!   Congratulations Allen, we hope to see everyone in Sanibel in June.
Stormwater Utility Fee Appeal
There have been no new developments in the appeal by the City of West Palm Beach to Florida's Fourth District Court of Appeal (DCA) over payment of stormwater utility fees by the Palm Beach County School Board.  A decision by the DCA is expected 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 the DCA'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 is scheduled for FSA's Winter Conference.
Host a Stormwater Operator Class!
Did you know that FSA can come to you to provide Stormwater Operator Certification training?  If you have a facility that can hold 30+ attendees and need training for your staff, contact FSA to coordinate a class.  Hurry, registration closes soon!
Biosolids TAC Meeting
The October meeting of FDEP's Biosolids Technical Advisory Committee (TAC) was cancelled due to Hurricane Michael.   The next meeting of the TAC is set for November 16th at 9:00 am in the Department's Central District Office, located at 3319 McGuire Boulevard in Orlando.  You may register for a webinar as an alternative if you cannot attend the Orlando meeting.  All FSA members are encouraged to attend the meeting or webinar.  Land disposal of Biosolids - even when consistent with current permitting requirements - can have substantial impacts on receiving waters, which prompted the Indian Rivers County Commission to pass a Resolution banning further application of Biosolids until an independent study of their impacts can be completed.   Important Note:  A workshop discussing the impacts of Biosolids is scheduled for FSA's Winter Conference.
Stormwater Operator Online Classes - Last Chance to Recertify!
FSA's Stormwater Operator Certifications are valid for five years.  Does your Level 1 or Level 2 Stormwater Operator certification expire in 2018?  If so, the last chance to renew your certification in 2018 is one of two online classes scheduled for November 6th!  You can see when your certification expires on FSA's Fogarty Training Center's website.
Phase 2 MS4s - 2018 Renewals
Most Notices of Intent for Phase 2 permits covering jurisdictions discharging into a TMDL waterbody without an adopted BMAP have been amended to not include Requests of Additional Information requiring the MS4 to develop a schedule for implementing BMPs that address the pollutant of concern.  FSA believes that FDEP was not authorized to make such requests without first going through a normal rule-making process under Chapter 120, FS.  Discussions between FSA and FDEP on the issue are continuing.
Winter Conference Sponsorships Available
The Winter Conference is just over a month away and we are expecting a sold out event with over 300 participants including city and county engineers and stormwater managers with purchasing authority, state and regional agency representatives, and project managers. Our exhibit hall is sold out but we have a few sponsorships still available.  Visit our sponsor page for details.
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.
2019 Annual Conference Call for Presentations
Stormwater leaders throughout Florida are invited to submit a presentation proposal for the 2019 Annual Conference on June 19th-21st at the Sanibel Harbour Marriott.  The deadline to submit abstracts is December 14th!
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